Case law

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  • Jackson v. Callan Publishing, Inc.

    459 Ill. Dec. 722 · Appellate Court of Illinois · Jun 30, 2021

    “The subcontractor will call potential sponsors at their homes to qualify them as a potential sponsor. … The court found that the evidence against Safety Publications, Herdman, and Olivera “clearly established that damages were incurred,” and they received $1,454,921.63 from their solicitations.

    Cited 6 timesPublished
  • People v. Inyang

    2022 IL App (2d) 200087-U · Appellate Court of Illinois · Jan 18, 2022

    “When testimony is improperly admitted as a lay opinion, the error is harmless if the witness was, in fact, qualified as an expert, and thus would have been accepted as an expert by the trial court if so tendered.” … Moreover, Brown’s testimony was collateral to the issue of whether defendant intentionally strangled O.A., which we have already determined was established by O.A.’s testimony. Supra, ¶ 29.

    Cited 1 timesUnpublished
  • Chicago Hosp. Risk Pooling Program v. STATE MED. INTER-INS. EXCHANGE

    325 Ill. App. 3d 970 · Appellate Court of Illinois · Sep 27, 2001

    The trial court found that the "selective tender" rule was not applicable to a trust established under the Risk Pooling Act. … Additionally, to the extent that a physician qualifies as a "Covered Person" under the Trust Agreement, he is entitled to coverage for all sums that he becomes legally obligated to pay as damages due to malpractice injury

    Cited 30 timesPublished
  • People v. Olbrot

    106 Ill. App. 3d 367 · Appellate Court of Illinois · May 3, 1982

    Defendants must establish that there was a reasonable possibility that the questionable language, in light of all of the evidence, was a material factor in their convictions. (People v. Shorter (1978), 59 Ill. … These acts clearly constituted separate acts, committed during the attempted robbery, for which defendants may be held accountable. Ill. Rev. Stat. 1979, ch. 38, par. 5 — 2; People v. Hamilton (1981), 100 Ill.

    Cited 13 timesPublished
  • Pearsons v. Pearsons

    282 Ill. App. 92 · Appellate Court of Illinois · Nov 5, 1935

    He found that the equities were with plaintiff, that she had established the material allegations of her bill, that she was living separate and apart from her husband “without any fault or desire on her part so to do but … There is evidence, oral and documentary, that clearly shows that at the time of the marriage and for some time thereafter he was very fond of plaintiff.

    Cited 5 timesPublished
  • CitiBank N.A. v. Illinois Department of Revenue

    2016 IL App (1st) 133650 · Appellate Court of Illinois · Jan 18, 2017

    Both common law and statutory -5- rights are assignable unless a statute or public policy clearly states otherwise. Amalgamated Transit, 407 Ill. … To qualify, the written off debts must be deducted on the retailer’s federal taxes. 86 Ill. Adm. Code 130.1960(d)(1)-(2) (2000).

    Cited 3 timesPublished
  • Falls v. Silver Cross Hospital and Medical Centers

    2016 IL App (3d) 150319 · Appellate Court of Illinois · Jan 10, 2017

    ¶ 26 A section 2-615 motion to dismiss “should not be granted unless it clearly appears that no set of facts could ever be proved that would entitle the plaintiffs to recover.” Behrens v. … ¶ 36 Clearly, the amount of debt owed by a patient dictates the amount of a hospital lien by statute.

    Cited 0 timesUnpublished
  • Andersen v. Gimbel

    2019 IL App (1st) 190159-U · Appellate Court of Illinois · Dec 9, 2019

    The children clearly enjoy their time with both parents and wish that to continue.” … establishes that [Rick] is more capable of encouraging a close and continuing relationship between the children and [Barbara].

    Cited 2 timesUnpublished
  • People v. Downs

    2017 IL App (2d) 121156-C · Appellate Court of Illinois · Aug 15, 2017

    Accordingly, the failure to present the allegation is clearly indicative of potential neglect. … ¶ 90 Indeed, this is clearly seen if we focus on what the State’s argument overlooks.

    Cited 13 timesUnpublished
  • In re Estate of Kirsten Johnson

    303 Ill. App. 3d 696 · Appellate Court of Illinois · Mar 2, 1999

    The court noted the failure of both Vera and Eric to have established a future “care plan” for Kirsten. … Clearly, Kirsten’s financial interests have not been jeopardized and there.is no indication that they will be jeopardized in the future.

    Cited 11 timesPublished
  • People v. Nichols

    2023 IL App (1st) 221391-U · Appellate Court of Illinois · Dec 15, 2023

    First, we must determine whether the evidence was closely balanced such that the error would qualify under the first prong. … The defendant must establish both prongs, and if the reviewing court determines that a defendant cannot establish prejudice, it need not analyze whether counsel’s conduct was deficient. See People v.

    Cited 0 timesUnpublished
  • Bank of America, N.A. v. Adeyiga

    29 N.E.3d 60 · Appellate Court of Illinois · Sep 30, 2014

    the Promissory Note and Mortgage ¶ 75 Last, Olufemi and Bola argue that the Bank does not have standing because BAC did not hold title to the promissory note and mortgage at the time of the suit and did not qualify … Lenders benefit from the law’s establishment of a form complaint which is fairly immune from attack through pleading motions, and from the streamlined procedure the lender may use to prove

    Cited 46 timesPublished
  • La Salle National Bank v. City of Chicago

    54 Ill. App. 3d 944 · Appellate Court of Illinois · Nov 17, 1977

    The plaintiff, an experienced developer who qualified as an expert appraisal witness, testified that the.highest and best use of the property as of 1975 was multifamily, R-4. … Indeed, it must do so, for it has long been recognized in Illinois that where it clearly appears that the relative gain to the public is small when compared with the hardship imposed upon the property owner by the zoning

    Cited 24 timesPublished
  • People v. Evans

    2016 IL App (3d) 140120 · Appellate Court of Illinois · Aug 3, 2016

    He's told us very clearly he's not going to answer any more questions. THE COURT: He did answer some questions. … The mere potential for a mistrial is not enough to establish that the trial court abused its discretion.

    Cited 0 timesUnpublished
  • Walker v. Dart

    391 Ill. Dec. 156 · Appellate Court of Illinois · Mar 27, 2015

    "When reviewing an administrative agency's decision, we may put aside any findings which are clearly against the manifest weight of the evidence." Id. … Although we do not hold that medical testimony must always be presented to establish a violation of the drug policy, we conclude that the testimony presented by the Sheriff in this case was inadequate to establish that

    Cited 7 timesUnpublished
  • The Village of Vernon Hills v. Heelan

    14 N.E.3d 1222 · Appellate Court of Illinois · Jul 23, 2014

    After considering the evidence, the Board determined that Heelan qualified for a line-of-duty disability pension and it adopted its written findings and decision on August 24, 2011. … - 22 - 2014 IL App (2d) 130823 that the Board clearly had no statutory authority to decide, raised by a party over which the Board had no personal jurisdiction.

    Cited 2 timesUnpublished
  • Deaver v. Jordan

    2020 IL App (5th) 200084-U · Appellate Court of Illinois · Sep 8, 2020

    was a person described in subsection (a) of section 622 of the Parentage Act (750 ILCS 46/622(a)) because although the evidence revealed that Brandon and Meadow’s sexual relations were factually consensual, the conduct qualified … Thus, section 622(a) had been established. On appeal, the parties do not contest the court’s factual finding in this regard.

    Cited 2 timesUnpublished
  • People v. Tweed

    2024 IL App (2d) 240128-U · Appellate Court of Illinois · Apr 17, 2024

    Defendant does not contest the existence of a qualifying offense for detention, nor did he assert that the proofs of the crimes were not evident or the presumption great. … A finding is contrary to the manifest weight of the evidence only if a conclusion opposite that to the trial court’s is clearly apparent. In re Jose A., 2018 IL App (2d) 180170, ¶ 17.

    Cited 0 timesUnpublished
  • Barnett v. Illinois Workers Compensation Comm'n

    2019 IL App (4th) 180788WC · Appellate Court of Illinois · Nov 13, 2019

    Rinella opined that claimant “is clearly not disabled.” -8- 2019 IL App (4th) 180788WC-U Dr. … Given the evidence of record, we cannot say that a finding opposite that of the Commission is clearly apparent.

    Cited 0 timesUnpublished
  • In re Marriage of Sawyer

    2025 IL App (5th) 240481-U · Appellate Court of Illinois · Sep 16, 2025

    Shawn fails to clearly set forth the issue on appeal, and he fails to cite relevant case law to support his position. He merely contends that Toni bore the burden of proof to establish that the money was a loan. … ¶ 43 The owner of property is generally “qualified to express his opinion of the value of his property by virtue of ownership.” In re Marriage of Anderson, 409 Ill. App. 3d 191, 206 (2011).

    Cited 0 timesUnpublished

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