Case law

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  • In re Estate of Crawford

    2019 IL App (1st) 182703 · Appellate Court of Illinois · Mar 1, 2021

    because he could not establish that decedents understood the transfers to be loans. … App. 3d 866, 876 (1995) (noting that testimony that the decedent paid money pursuant to a promissory note would “clearly qualify as an event” under the Act), overruled on other grounds by Gunn v.

    Cited 9 timesPublished
  • In Re Seabloom

    78 B.R. 543 · United States Bankruptcy Court, C.D. Illinois · Oct 16, 1987

    The existence of a partnership, however, must be clearly shown. Peterson v. Prince, 102 Ill.App.3d 220 , 58 Ill.Dec. 355 , 430 N.E.2d 297 (3d Dist.1981). In Peck v. … Written articles of agreement are not necessary, for a partnership may exist under a verbal agreement, and circumstances may be sufficient to establish such an agreement.

    Cited 5 timesPublished
  • Mashal v. City of Chicago

    981 N.E.2d 951 · Illinois Supreme Court · Dec 13, 2012

    Clearly, the rights and liabilities of the parties based on the evidence had been decided in that case. … if clearly changed circumstances and not mere feelings of error, or more complete discovery warranted it.”

    Cited 97 timesPublished
  • Murtaugh v. City of Chicago

    658 F. Supp. 1303 · District Court, N.D. Illinois · Apr 10, 1987

    This transfer placed Murtaugh in a $42,-000 job for which she was clearly unqualified. … However, the fact that Kapsalis disliked Byrne is insufficient to establish that he would fire any Byrne appointee, no matter how qualified. Nek-olny, supra.

    Cited 0 timesPublished
  • People v. Rhoden

    101 Ill. App. 3d 223 · Appellate Court of Illinois · Oct 20, 1981

    being present, the court received and responded to a written request made by the jury during its deliberations, and (2) whether the court erred in admitting the testimony of Sandra Stein, whom the prosecution claimed to be qualified … Although Stein clearly did not garner the qualifications of the experts who testified in Jennings (three experts who averaged 6 years’ experience) or in Rhodes (5 years’ experience in addition to 50 hours of in-service training

    Cited 12 timesPublished
  • Walsh v. County Officers Electoral Board

    267 Ill. App. 3d 972 · Appellate Court of Illinois · Nov 3, 1994

    Initially, Walsh asserts that McAfee’s actions were not sufficient to qualify him as a resident of the 47th district. … Consequently, any issue not clearly defined and sufficiently presented is similarly deemed waived. (Vincent v. Doebert (1989), 183 Ill. App. 3d 1081, 1087 .)

    Cited 13 timesPublished
  • Salem Services, Inc. v. Hussain (In Re Hussain)

    308 B.R. 861 · United States Bankruptcy Court, N.D. Illinois · Apr 6, 2004

    FACTS AND BACKGROUND The Creditor is an employment agency which furnishes qualified personnel on a *865 per project basis for either temporary or permanent job placement. … To qualify under § 523(a)(4), a fiduciary relation must have an existence independent of a debtor’s wrongdoing.

    Cited 10 timesPublished
  • People v. V.T.

    306 Ill. App. 3d 817 · Appellate Court of Illinois · Aug 3, 1999

    Respondent argues that, even if the report qualifies as a business record and a proper foundation is established, it is nevertheless inadmissible because its purpose was improper. … Initially, a review of the record clearly indicates that the report was not prepared in anticipation of future discipline.

    Cited 9 timesPublished
  • Esquivel v. Retirement Bd.

    356 Ill. Dec. 641 · Appellate Court of Illinois · Dec 9, 2011

    of law as applied to the established facts is or is not violated. … A mixed question of law and fact is reviewed under the clearly erroneous standard.

    Cited 1 timesPublished
  • Hanna v. American National Bank & Trust Co.

    176 Ill. App. 3d 938 · Appellate Court of Illinois · Nov 28, 1988

    No business establishments front on Deming Place and the street maintains an open and airy quality. … Further, it is clearly possible that the agreement was not intended, as defendants argue, to constitute an abandonment of the setback line where it had been abolished by a court decree, but rather the intention was that the

    Cited 7 timesPublished
  • People v. Rhoades

    74 Ill. App. 3d 247 · Appellate Court of Illinois · Jul 12, 1979

    Clearly, once the officer observed what he reasonably believed to be cannabis, probable cause existed to arrest defendant. … Since the evidence in question was clearly shown to consist in part of cannabis, the statutory definition was met.

    Cited 19 timesPublished
  • Frank v. Teachers Insurance & Annuity Ass'n of America

    47 Ill. App. 3d 821 · Appellate Court of Illinois · Mar 28, 1977

    CREF was established by a special act of the New York Legislature in 1952. Employee contributions, matched or exceeded by employers, now fund the purchase of annuity contracts. … plaintiff, who did not each constituted a separate “class”, and that accordingly, the plaintiff could only represent the class of those who did not so qualify, (2) that as regards those annuitants who qualified under the

    Cited 2 timesPublished
  • Akemann v. Quinn

    17 N.E.3d 223 · Appellate Court of Illinois · Aug 26, 2014

    After July 1, plaintiff continued to serve during the 60-day holdover period established by Public Act 97-719, as the Governor had not appointed a replacement. … Public Act 97-719 clearly intended to give the Governor exclusive authority to make all renewal appointments starting after it went into effect.

    Cited 15 timesUnpublished
  • Heavner v. Illinois Racing Board

    103 Ill. App. 3d 1020 · Appellate Court of Illinois · Feb 16, 1982

    The state steward will be responsible to see that at least one horseman or an official respresentative of the horsemen is present. * * The testimony clearly established that no steward was present when the entry box was opened … Narotsky’s testimony that the Brookes Pride entry was not in the box when opened cannot be used to establish that such was the fact when the rule clearly provides that a State steward or his designated representative—in this

    Cited 10 timesPublished
  • In Re Detention of Diestelhorst

    307 Ill. App. 3d 123 · Appellate Court of Illinois · Aug 27, 1999

    Section 5(e) is not a list of criminal offenses for which a conviction qualifies an individual for commitment under the Act. … The legislature clearly spelled out in section 15(b)(2) that the Act only applied to persons about to be released from sentences imposed upon criminal convictions.

    Cited 7 timesPublished
  • Dienes v. Holland

    64 Ill. App. 3d 109 · Appellate Court of Illinois · Sep 13, 1978

    Rodriguez, who the record discloses has difficulty with the language, did not clearly testify whether he intended to remain at Carey indefinitely. … Turning to the present case, we must keep in mind certain well-established rules of statutory construction.

    Cited 7 timesPublished
  • Pommier v. Jungheinrich Lift Trick Corp.

    2018 IL App (3d) 170116 · Appellate Court of Illinois · Jul 31, 2018

    Manufacturers have no duty to design foolproof products immune from all possible accidents. Flaugher v. Sears, Roebuck & Co., 61 Ill. … Clearly, defendants intended to prohibit operators from maintaining or modifying the jack’s braking system.

    Cited 3 timesPublished
  • United States Equal Employment Opportunity Commission v. Sidley Austin Brown & Wood LLP.

    406 F. Supp. 2d 991 · District Court, N.D. Illinois · Dec 20, 2005

    As the Court notes, it would have to be more important than the right to arbitration or sovereign immunity. Id. … When the criteria for a decision are well established then less discovery will be required, or so I have noted in the cases before me.

    Cited 4 timesPublished
  • Mele v. Howmedica, Inc.

    Appellate Court of Illinois · Mar 15, 2004

    Moreover, the section provides manufacturers with virtual immunity from liability for all medical products. … Several courts have noted that the comment requires proof of negligence if the product qualifies as unavoidably dangerous. E.g., Rogers v.

    Cited 0 timesPublished
  • Johnson v. Highland Elementary School

    2020 IL App (2d) 190479-U · Appellate Court of Illinois · Feb 6, 2020

    Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/6-105 (West 2018)), which established immunity related to an alleged failure to understand, diagnose, and … App. 3d 19 (1984), in arguing that the lack of supervision qualified as willful and wanton.

    Cited 0 timesUnpublished

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