Case law

Tondre v. Pontiac School District No. 105

33 Ill. App. 3d 838 · Appellate Court of Illinois · Nov 20, 1975

The plaintiff contends that the allegations set forth in the complaint present triable issues of fact and he asserts further that the issues of fact are clearly capable of proof. … Similarly, the plaintiff does not assert that Iris additional services terminated the two-year contract and established a new contract.

United States v. Hall

603 F. Supp. 333 · District Court, N.D. Illinois · Feb 22, 1985

Specifically, the government argues that defendant is unable to qualify for release pending appeal under Chapter I of the Act (the Bail Reform Act of 1984), Pub.L. … The Court construed the change in the statute as “clearly procedural,” and resulted in “no change in the quantum of punishment.” Id. at 293-94 , 97 S.Ct. at 2298-99 .

People v. Griham

Appellate Court of Illinois · May 13, 2010

A double enhancement is not improper if the legislature clearly expresses an intent to allow it. People v. Owens, 377 Ill. App. 3d 302, 304, 878 N.E.2d 1189, 1191-92 (2007). … Because the State chose to enhance the classification of defendant's offense from a Class 3 felony to a Class 2 felony with his 1996 conviction under the Controlled Substances Act, it could not use that same conviction to qualify

Smith-Silk v. Prenzler

2013 IL App (5th) 120546 · Appellate Court of Illinois · Oct 24, 2013

Clair County defendants filed a motion to dismiss in which they argued they were immune from prosecution pursuant to section 2-203 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) … custody exchange fund fee as established by the county ordinance.

People Ex Rel. Kreda v. Fitzgerald

33 Ill. App. 3d 209 · Appellate Court of Illinois · Oct 24, 1975

App.2d 569 , 266 N.E.2d 508 ) and because the proposed plans here, as testified to by plaintiff’s witness Pécora, did not qualify under the definition of auto laundry as a unit capable of washing more than two automobiles … It is established that on appeal the party claiming error has the burden of establishing any irregularities, and one who seeks to reverse a decree carries the burden of showing that it is erroneous.”

Burlington Northern & Santa Fe Railway Co. v. Abc-Naco

389 Ill. App. 3d 691 · Appellate Court of Illinois · Mar 31, 2009

The derailment site itself was clearly random; a train could derail at any location along the rail system of this country. … NACO clearly had the opportunity to investigate and inspect the site and the physical evidence.

Manasse v. Holleb

143 Ill. App. 3d 438 · Appellate Court of Illinois · May 6, 1986

These legacies clearly constitute a benefit obtained by operation of the will. See In re Estate of Johnson (1976), 39 Ill. App. 3d 246, 253 , 350 N.E.2d 310 . … The doctrine of election was clearly designed to address such inconsistent positions as this, and to preempt such activity.

In Re Marriage of Burke

185 Ill. App. 3d 253 · Appellate Court of Illinois · Jul 7, 1989

Thus, while the 1982 statute allowed a parental veto over joint custody immune to judicial discretion, the 1986 statute recognizes that the trial court may impose joint custody in appropriate cases. … broad discretion to impose joint custody in the best interests of the child even over the objections of the parties, the summary termination of joint custody upon the petition of parties who agree to such a termination is clearly

Swaw v. Klompien

168 Ill. App. 3d 705 · Appellate Court of Illinois · Mar 29, 1988

Where the parties offer conflicting medical testimony regarding the applicable standard of care and defendant’s breach of that standard, the jury is uniquely qualified to resolve the conflict, and a judgment n.o.v. is not … Clearly, the evidence presented in this case was sufficient to support the verdict. Defendant also contends that the conduct of plaintiff’s counsel during trial and closing argument resulted in prejudice and error.

Midgett v. Sackett-Chicago, Inc.

105 Ill. 2d 143 · Illinois Supreme Court · Oct 19, 1984

Clearly, a finding that an employee has been discharged in retaliation for claiming rights guaranteed under the Act would rule out a finding of a discharge for just cause. … In addition to cutting across the interests already mentioned, it would deprive employer and union of the ability to establish a uniform and exclusive method for orderly settlement of employee grievances.

Barnard v. City of Chicago Heights

295 Ill. App. 3d 514 · Appellate Court of Illinois · Mar 4, 1998

employment; (3) defendants were not vicariously liable for Pavesich’s alleged sexual assault; (4) plaintiff was unable to prove the requisite notice element for all of her claims against defendants; (5) defendants were immune … The Maksimovic court determined that the plaintiffs claims of assault, battery and false imprisonment “clearly,” under the Geise standard, were not inextricably linked to her claim of sexual harassment; rather, “[t]he sexual

CWIK v. Giannoulias

237 Ill. 2d 409 · Illinois Supreme Court · May 20, 2010

Thus, the Act clearly divests the property owner of any right to interest earned on property held by the state pursuant to the authority of the Act. … An issue not clearly defined and sufficiently presented fails to satisfy the requirements of Supreme Court Rule 341(h)(7) (210 Ill. 2d R. 341(h)(7)).

People v. Contreras

246 Ill. App. 3d 502 · Appellate Court of Illinois · Jun 28, 1993

It is well established that evidence of crimes for which a defendant is not on trial is inadmissible if relevant merely to establish his propensity to commit a crime. (People v. … However, even if we were to conclude that some of the detail was not essential, the detailed evidence clearly did not constitute prejudicial and reversible error.

People v. Brislane

295 Ill. 241 · Illinois Supreme Court · Dec 21, 1920

of insanity demonstrated to him that such a defense could not be established in the case. … Whether there was a temporary insanity, produced immediately by intoxication, or a fixed insanity, are questions peculiarly for the jury to determine, and this court should not disturb the verdict except where clearly contrary

People v. Muir

67 Ill. 2d 86 · Illinois Supreme Court · Jun 1, 1977

Coolidge (1963), 26 Ill. 2d 533, 536-37 , illustrates that the law in this area is well established in this State. … The indictment clearly stated the mental element required by section 9 — 1(a)(2) and the specific acts from which the intent derived. (People v. Grieco (1970), 44 Ill. 2d 407, 409 .)

In Re Estate of Hopkins

214 Ill. App. 3d 427 · Appellate Court of Illinois · Jun 7, 1991

She clearly made an informed choice in entering the agreement, and, as such, she should not now be allowed to renege on that agreement. … Fleck (1958), 13 Ill.2d 420, 427 , 150 N.E.2d 106 ); Nancy has clearly failed to meet her burden.

Benjamin v. Cablevision Programming Investments

132 Ill. App. 3d 943 · Appellate Court of Illinois · Apr 17, 1985

The notice stated that plaintiff’s right to void the sale was premised on defendants’ failure to register the security pursuant to section 5 of the Illinois Act and their failure to qualify for any exemption therefrom, particularly … It is, however, clearly established in Illinois that in construing a statute, the language must be given its plain and ordinary meaning. (City of East Peoria v.

People ex rel. Toman v. Chicago Great Western Railroad

379 Ill. 594 · Illinois Supreme Court · May 13, 1942

As amended in 1921, section 189 of “An act to establish and maintain a system of free schools/’ (Laws of 1921, p. 818,) authorized the board of education of school districts such as district No. 89 to levy annually a tax … Stat. 1941, chap. 46, par. 305, p. 1483) provides that whenever a public measure is submitted to be voted upon by the people within any district the substance of the measure shall be clearly indicated on a separate ballot

Magee v. Garreau

332 Ill. App. 3d 1070 · Appellate Court of Illinois · Jul 30, 2002

In his highly qualified statement in his affidavit, Russell merely stated that he “never received any notification that he [Magee] did not understand the agreement to be stated above.” … Defense counsel argued that the parties had an enforceable settlement agreement when the undisputed facts clearly revealed no meeting of the minds.

Burr v. City of Carbondale

76 Ill. 455 · Illinois Supreme Court · Jan 15, 1875

Section 2 declares the objects to be to qualify teachers for the common schools of this State by imparting instruction in the art of teaching, etc. … This very clearly has reference to a tax imposed in invitum —compulsorily, under the taxing power previously commented upon.