Case law
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279 Ill. App. 3d 321 · Appellate Court of Illinois · Apr 26, 1996
Clearly, malicious prosecution and abuse of process are recognized causes of action in Illinois. … Accordingly, we find that the Chuis failed to establish a prima facie case. For the foregoing reasons, we find that the Chuis failed to establish a prima facie case for either malicious prosecution or abuse of process.
Cited 12 timesPublished102 N.E.3d 786 · Appellate Court of Illinois · Mar 20, 2018
On June 9, Carter appeared before the grand jury again and testified in exchange for immunity from prosecution for the probation violation. … ¶ 28 Thus, the State’s argument was clearly in error. See People v.
Cited 3 timesUnpublishedBajwa v. Metropolitan Life Insurance Co.
Appellate Court of Illinois · Aug 13, 2002
The underwriter also questioned why the policy amount was $200,000 when the decedent's income, pursuant to Met Life financial guidelines, qualified him for a policy in the amount of $150,000. … In fact, the evidence presented by plaintiff to establish defendant's actual knowledge consisted of the information, previously discussed in this opinion, which established that there were enough discrepancies and anomalies
Cited 0 timesPublishedIllinois Road & Transportation Builders Ass'n v. County of Cook
451 Ill. Dec. 491 · Appellate Court of Illinois · Mar 3, 2021
The doctrine “is firmly established in federal law” and was first adopted in Illinois in International Union, 215 Ill. 2d at 48. … At issue there was a federal law that established a preferential procurement program for women-owned small businesses (WOSBs). Id. at *1.
Cited 1 timesPublished2021 IL App (3d) 130190-C · Appellate Court of Illinois · Jan 22, 2021
The trial court clearly found the officers’ testimony credible that they initially only brought defendant in to establish his whereabouts and ask a few questions. ¶ 61 Finally, the officers were not bound by … Id. at 219-20. ¶ 71 Similarly, defendant here brought his motion pursuant to section 104-13(a), requesting that the court appoint a qualified expert to evaluate defendant’s fitness to stand trial, not under
Cited 1 timesPublished318 Ill. Dec. 707 · Appellate Court of Illinois · Feb 25, 2008
Jennifer Reynolds, an employee of Cellmark, a private laboratory, was qualified as an expert in DNA analysis. … Johnson, 218 Ill.2d 125, 139 , 299 Ill.Dec. 677 , 842 N.E.2d 714 (2005) ("Clearly, there can be no plain error if there is no error").
Cited 20 timesPublishedCipolla v. The Village of Oak Lawn
2015 IL App (1st) 132228 · Appellate Court of Illinois · Mar 17, 2015
The issue is whether the instructions were clearly understandable to the jury.” (Internal quotation marks omitted.) Id. at 173. … Answers to the two special interrogatories establish that the jury found the village acted appropriately.
Cited 5 timesPublishedGreco v. Orthopedic & Sports Medicine Clinic, P.C.
2015 IL App (5th) 130370 · Appellate Court of Illinois · Aug 13, 2015
The testimony injected irrelevant, unsubstantiated information which clearly created confusion and invited speculation on the issues of standard of care and causation. … The X-rays were clearly relevant and material pieces of evidence and were proper items for discovery.
Cited 5 timesPublished65 N.E.3d 864 · Appellate Court of Illinois · Sep 30, 2016
Smith, 2014 IL 115946, ¶ 29 ("The legislature clearly intended for further proceedings on successive postconviction petitions."). ¶ 25 II. … Smith, 2014 IL 115946, ¶ 29 ("The legislature clearly intended for further proceedings on successive petitions.").
Cited 10 timesUnpublished431 Ill. Dec. 388 · Appellate Court of Illinois · Jan 22, 2019
Sept. 19, 2011) dictates the department policy on the use of OC spray and, in part, provides that the use of OC spray “shall be in accordance with the guidelines and procedures established in the current [Cook County’s … They are not against the manifest weight of the evidence nor are they clearly erroneous. ¶ 52 C.
Cited 25 timesUnpublished2015 IL App (1st) 132039 · Appellate Court of Illinois · Aug 21, 2015
Such decisions are generally immune from claims of ineffective assistance of counsel.” People v. … The photographs were not used to establish [Flores’s] guilt.” Id. ¶ 75. Similarly, in this case, the photographs were not used to establish defendant’s guilt.
Cited 30 timesPublished201 Ill. App. 3d 207 · Appellate Court of Illinois · Jun 29, 1990
Defendant maintains that the opinions of the defense experts “were clearly superior to that of the State’s Dr. Reifman.” The expert testimony was in considerable conflict. … And this was clearly a break with reality.” Dr. Conroe explained that defendant might have failed to mention the voices in their interview because he did not remember them.
Cited 34 timesPublished392 Ill. App. 3d 712 · Appellate Court of Illinois · May 20, 2009
However, these claims clearly do not rise to the level of the pleadings in Abbott. … Furthermore, the complaint alleges that Aon did establish reporting systems.
Cited 43 timesPublished467 Ill. Dec. 170 · Appellate Court of Illinois · Mar 29, 2023
We only discuss matters involving Callahan to the extent necessary for resolution of this appeal. 2 To establish actual fraud under section 5(a)(1) of the UFTA, a creditor must prove by clear and convincing … According to Louis, “[t]o comply with that mandate, the lower court had to decide which transfers qualify as fraudulent and are legally capable of avoidance.”
Cited 9 timesPublished2015 IL App (1st) 150508 · Appellate Court of Illinois · Jul 21, 2015
The electoral board pointed out that the candidates were not taking issue with the receipt issued by “Franklin Park Clerks Office” clearly showing the timely filing date and time. … That case indicates that facts established by the record shall not be overcome by mere assertions of a party or an assumption by the court–which is a principle that is not helpful to Zurek’s appeal.
Cited 7 timesPublishedMing Auto Body/Ming of Decatur, Inc. v. Industrial Commission
387 Ill. App. 3d 244 · Appellate Court of Illinois · Nov 18, 2008
He looked unsuccessfully for part-time employment as a foreman or estimator and applied for work at between 17 and 20 businesses, but stopped looking when he qualified for social security disability benefits about a year … For a finding of fact to be against the manifest weight of the evidence, an opposite conclusion must be clearly apparent. University of Illinois v. Industrial Comm’n, 365 Ill. App. 3d 906, 910 , 851 N.E.2d 72 (2006).
Cited 13 timesPublished2025 IL App (4th) 241541-U · Appellate Court of Illinois · Mar 13, 2025
Counsel further emphasized the two qualifying felonies for defendant’s being-an-armed-habitual-criminal charge occurred in 2005 and 2009. … In support, defendant points to evidence establishing he posed no threat to the community, including testimony he volunteered in the community, was deeply involved with his family, had a strong character, and had full-time
Cited 0 timesUnpublished2025 IL App (5th) 220429-U · Appellate Court of Illinois · Nov 21, 2025
Defense counsel established that Dr. Reifsteck was not a “treating physician” for A.W. … Tolefree, 2011 IL App (1st) 100689, ¶ 25. “ ‘Manifest error’ is error that is clearly plain, evident, and indisputable.” Id.
Cited 0 timesUnpublishedIllinois Road & Transportation Builders Ass'n v. County of Cook
2021 IL App (1st) 190396 · Appellate Court of Illinois · Mar 4, 2021
The doctrine “is firmly established in federal law” and was first adopted in Illinois in International Union, 215 Ill. 2d at 48. … But the upshot is that the County says the various references to “laws” and the term “statutory” clearly indicate an intent to only sequester revenues spent pursuant to statute.
Cited 1 timesPublished2026 IL App (2d) 240681-U · Appellate Court of Illinois · Jun 9, 2026
(a) Every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter, except as provided in subsection (b). … ¶ 47 “On questions of the admissibility of evidence, we will not substitute our judgment for that of the trial court unless the record clearly shows the trial court abused its discretion.” People v.
Cited 0 timesUnpublished
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