Case law

La Salle National Bank v. City of Chicago

6 Ill. 2d 22 · Illinois Supreme Court · May 20, 1955

Though it did not have the burden of proof, the city introduced the testimony of three qualified witnesses who testified that the highest and best use of the land was for apartments. … It is our opinion that the case as made by appellee falls short of establishing these conclusions.

Gore v. Provena Hospital

2015 IL App (3d) 130446 · Appellate Court of Illinois · May 13, 2015

It held: “The form at issue states clearly and concisely that none of the physicians at defendant hospital are its employees, agents, or apparent agents and are instead independent … In other words, the majority seems to rule that the plaintiff’s signing of such a consent form retroactively immunizes the hospital by making it impossible for the plaintiff to prove the “holding out”

Kanter v. Community Consolidated School District 65

558 F. Supp. 890 · District Court, N.D. Illinois · Aug 25, 1982

This claim is clearly grounded in state law and will be granted pendent jurisdiction only if the plaintiff has adequately alleged an independent basis of Federal Court jurisdiction. United Mine Workers v. … Kanter also argues that she has been denied equal protection in that she was arbitrarily and capriciously denied track movement while other teachers, no more qualified than herself, received it.

People v. Hanson

Illinois Supreme Court · Sep 23, 2004

Defendant argues that the State’s interpretation of Cleer as establishing a per se rule is too broad and fails to consider the underlying facts. … The plain language of the motion clearly states that it sought to have defendant examined by an expert. It does not mention a fitness hearing.

People v. Beck

2017 IL App (4th) 160654 · Appellate Court of Illinois · Feb 5, 2018

Id. ¶ 76 Berkemer involves circumstances where the defendant was “formally” arrested and questioned after having clearly been taken into custody by police. … Cir. 1923), (2) Wetstein was not qualified to offer expert opinion testimony on retrograde extrapolation, and (3) the State failed to establish a sufficient foundation for the admission of retrograde

In Re Application of County Treasurer

214 Ill. 2d 253 · Illinois Supreme Court · Feb 17, 2005

might defeat such clearly expressed legislative intent. … The party challenging the constitutionality of the statute bears the burden of rebutting this presumption and clearly establishing a constitutional violation. Burger v.

Gray v. Ameritech Corp.

937 F. Supp. 762 · District Court, N.D. Illinois · Aug 22, 1996

Of course that applies a fortiori to Gray’s actual affidavit, which is clearly inconsistent with her earlier deposition testimony. … Ameriteeh has therefore met its burden of establishing that there is no genuine issue of material fact and that it is entitled to a judgment as a matter of law.

Parenti v. Wytmar & Co.

49 Ill. App. 3d 860 · Appellate Court of Illinois · Jun 27, 1977

Competition which is insubstantial, isolated or speculative, which does not involve business with present customers of Wytmar Co., and which does not take advantage of any trade secrets or confidential customers’ lists does not qualify … In seeking a forfeiture, Wytmar Co. failed to carry the burden of establishing clearly and convincingly that real, substantial and meaningful competition existed between Wytmar Co. and Parenti and Jacobs after Parenti left

Russo v. Corey Steel Co.

2018 IL App (1st) 180467 · Appellate Court of Illinois · Jun 28, 2019

Coe was not qualified to offer an Markiewicz, 233 Ill. … Plaintiff’s counsel then stated the video is clearly not a video. This is a time lapse—there are shots taken out. It’s like a picture, a lapse, picture, a lapse, picture.”

People v. Godbout

42 Ill. App. 3d 1001 · Appellate Court of Illinois · Oct 12, 1976

And the record clearly shows that the trial court afforded defendant a fair and adequate opportunity to present any additional testimony. … The defendant complains that the trial court prevented him a proper opportunity to qualify his expert witness before the jury. We agree.

In re Estate of Snodgrass

Appellate Court of Illinois · Feb 7, 2003

If the legislature intended the statute to mean what respondent argues it means, the legislature could have easily said so by inserting a single but highly significant qualifying word: "paternal." … On its face, section 2-4(d)(1) does not "clearly require" us to hold that petitioners have no right of heirship from decedent.

Illinois Development Finance Authority v. Bean

138 Ill. App. 3d 401 · Appellate Court of Illinois · Nov 12, 1985

The principles governing the granting or denying of a motion for summary judgment are well established. … The financing of public utility projects clearly would not serve the Act’s stated purpose of providing employment in Illinois.

Egidi v. Town of Libertyville

251 Ill. App. 3d 224 · Appellate Court of Illinois · Sep 29, 1993

We further concluded that the asserted easements would give the Township the level of control envisioned by the Act as necessary to qualify a less than fee interest as open land. … A clearly defined servient estate distinguishes Beloit from the instant case.

Easter

District Court, S.D. Illinois · Apr 13, 2026

Officers clearly knew the home identified in the warrant. Nothing in the Complaint suggests that the warrant was invalid. … Id. at 512 (“If a prosecutor plants evidence before someone is arrested, he enjoys only qualified immunity….

People v. Botruff

212 Ill. 2d 166 · Illinois Supreme Court · Sep 23, 2004

In assessing these arguments, we must be ever mindful of the well-established principles that: (1) all statutes carry a strong presumption of constitutionality (People v. … Maness, 191 Ill. 2d 478, 483 (2000)); and (2) the party challenging a statute bears the burden of clearly establishing the constitutional infirmity (People v. Jeffries, 164 Ill. 2d 104, 111 (1995)).

Snedden v. Lavenka

92 Ill. App. 3d 979 · Appellate Court of Illinois · Jan 27, 1981

After qualifying Alroth, defense counsel intended to ask him whether he could determine the speed of Snedden’s Honda relative to that of Lavenka’s Cadillac. … For a verdict to be against the manifest weight of the evidence, it must be clearly and palpably against the weight of the evidence or an opposite conclusion must be clearly apparent. (Rankin v. Hojka (1976), 42 Ill.

Leonard v. Burtle

226 Ill. 422 · Illinois Supreme Court · Apr 18, 1907

The evidence strongly tends to show that the appellant was guilty .of such conduct as would establish a fraudulent purpose in dealing with his mother’s property and affairs. … Shortly after the death of the testatrix he qualified as executor under her will, and although he knew about the certificates of deposit in the Springfield bank, amounting to nearly $16,000, he only listed personal property

People v. Fort

248 Ill. App. 3d 301 · Appellate Court of Illinois · Jun 4, 1993

Certainly, Brannigan was qualified to give expert testimony as to the hierarchy of the El Rukns. … App. 3d 325 , 472 N.E.2d 586 (reviewing court is entitled to have the issues clearly defined with pertinent authority cited and comprehensive legal argument presented).)

Snelson v. Kamm

319 Ill. App. 3d 116 · Appellate Court of Illinois · Feb 28, 2001

Even assuming McCallum qualified as a medical expert, her vague assertions that failure to follow steps in the nursing process “increases the likelihood” of an unfavorable outcome was insufficient to establish proximate causation … By indiscriminately modifying that instruction, the Smith court acted as a de facto IPI committee, which it clearly should not have done.

Pratt-Holdampf v. Trinity Medical Center

338 Ill. App. 3d 1079 · Appellate Court of Illinois · May 12, 2003

In Illinois, it is well established that only persons duly admitted to practice law in this state may appear on behalf of other persons. Leonard v. Walsh, 73 Ill. … App. 3d 543 , 481 N.E.2d 25 (1985), establishes an express exception to the nullity rule.