Case law

Riddle v. Killian

366 Ill. 294 · Illinois Supreme Court · Feb 18, 1937

In particular, a devise of a fee may be reduced, qualified or cut down by subsequent language in a will. Liesman v. Liesman, supra; Little v. Bowman, supra. … The clearly expressed intent of the testator that William should have an interest in the two hundred acres in controversy only if he should survive his mother, also appears in the eleventh section of the will.

Antonicelli v. Rodriguez

2018 IL 121943 · Illinois Supreme Court · Aug 22, 2018

Nonsettling defendants may offer proof that the settling parties engaged in wrongful conduct, collusion, or fraud to establish an absence of good faith. … claiming that he was excluded from liability as a matter of law pursuant to the Illinois Joint Tortfeasor Contribution Act, which provides that a joint tortfeasor who settles in good faith with a plaintiff is immune

People v. Burgess

Illinois Supreme Court · Apr 24, 1997

In opening statement counsel told the jury that the defendant "may well qualify for the death penalty" and that he "may well be eligible" for that sentence. … These remarks were clearly related to the defendant's own testimony at trial and to the testimony of the defendant's father at the sentencing hearing.

City of Chicago v. Pooh Bah Enterprises, Inc.

224 Ill. 2d 390 · Illinois Supreme Court · Mar 5, 2007

Under the foregoing authority, section 4 — 60—140(d) of the Municipal Code of Chicago, which prohibits nude entertainment in establishments licensed to sell alcohol by the drink, would clearly not be subject to challenge … That standard has clearly been satisfied here.

In re Z.L.

2021 IL 126931 · Illinois Supreme Court · Dec 2, 2021

Specifically, the State must establish the allegations are more probably true than not. Id. … Scheller qualified but found Dr. Jones’s testimony more persuasive. After thoroughly reviewing the testimony of each, we cannot say an opposite conclusion on credibility or persuasiveness is clearly evident

People v. Cruz

162 Ill. 2d 314 · Illinois Supreme Court · Jul 14, 1994

Such statement was thus clearly against his penal interest. … The argument the State employs on appeal to support a denial of immunity is that it may choose to prosecute Dugan in the future.

People v. Del Vecchio

105 Ill. 2d 414 · Illinois Supreme Court · Feb 22, 1985

Clearly, defendant’s contention that the evidence presented with respect to the intoxication defense failed to establish a prima facie case is without merit because an instruction was given on the intoxication defense and … What occurred here, both in the testimony and in argument, is clearly distinguishable from Bernette.

Lutkauskas v. Ricker

28 N.E.3d 727 · Illinois Supreme Court · Jan 23, 2015

Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2-201 (West 2010)) barred plaintiffs’ claims … According to Lutkauskas, the language of Rule 304(a) indicates that an appeal brought under its terms is permissive, and the wording of the rule should be changed to clearly reflect that the requirements

Hoch v. People

219 Ill. 265 · Illinois Supreme Court · Dec 20, 1905

Witnesses who qualified as expert pathologists and chemists of long experience and high positions testified on the part of the People, in response to hypothetical questions presenting the symptoms of Mrs. … The corpus delicti must be clearly established, (12 Cyc. 382,) but it may be proved by circumstantial evidence. (Campbell v. People, supra.)

Marshall v. Burger King Corp.

222 Ill. 2d 422 · Illinois Supreme Court · Jun 22, 2006

Thus, a cause of action should not be dismissed pursuant to section 2 — 615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery. Canel v. … The court stated that the owner or occupier of land owes a business invitee “the duty of exercising ordinary and reasonable care to see that the premises are reasonably safe for use” but qualified this acknowledgment by stating

The Venture-New berg Perini Stone and Webster v. Illinois Workers' Compensation Commission

1 N.E.3d 535 · Illinois Supreme Court · Dec 19, 2013

This well-established exception applies to employees who are required to travel away from their employer’s premises. Hoffman v. Industrial Comm’n, 109 Ill. 2d 194, 199 (1985); Wright v. … Without ever actually stating it, the majority implicitly holds that an opposite conclusion is clearly evident from the record.

Roth v. Yackley

77 Ill. 2d 423 · Illinois Supreme Court · Oct 2, 1979

Instead they recognize only the power of the legislature to establish laws prospectively and to alter for future cases interpretations of statutes by reviewing courts. See Modern Dairy Co. v. … The judgment of a court which had jurisdiction is immune from collateral attack, even though such judgment is erroneous. ( Woodward v. Ruel, 355 Ill. 163 .)

People v. Walker

232 Ill. 2d 113 · Illinois Supreme Court · Jan 23, 2009

Robert Kirschner were called, he would testify that he was employed by the Cook County medical examiner’s office, he was qualified as an expert in the field of forensic pathology, he performed autopsies on both victims, and … We hold that the record clearly establishes that the circuit court completely failed to exercise discretion in ruling on defense counsel’s request for a continuance of defendant’s trial, as it is devoid of evidence showing

Carpetland U.S.A. Inc. v. Illinois Dept. of Employment Security

Illinois Supreme Court · Jun 20, 2002

Lawson estimated that five years of training and experience are necessary to become a fully qualified installer. The products are constantly changing and he must keep up-to-date. … The court, however, considers the Director’s decision, that Carpetland did not establish all three requirements with respect to the carpet installers, clearly erroneous. See slip op. at 37.

People v. Rizzo

61 N.E.3d 92 · Illinois Supreme Court · Jun 16, 2016

“To overcome this presumption, the party challenging the statute must clearly establish that it violates the constitution.” Sharpe, 216 Ill. 2d at 487. … ¶ 48 In closing, we wish to again emphasize that one who challenges the constitutionality of a statutorily mandated “penalty” has the burden of clearly establishing that the challenged provision is in

Johnson v. Jones

44 Ill. 142 · Illinois Supreme Court · Apr 15, 1867

If he cannot enjoy the immunities attaching to the character of a prisoner of war, how can he be subject to their pains and penalties? ” This was the language of the majority of the court, speaking through Mr. … Unquestionably, in such cases, the government is bound to make full compensation to the owner; but the officer is not a trespasser. “ But we are clearly of the opinion that in all these cases the danger must be immediate

In Re Adoption of SS

167 Ill. 2d 250 · Illinois Supreme Court · Oct 19, 1995

It is undisputed that the proceeding before us is a "child custody proceeding" and that S.S. and R.S. qualify as "Indian children" within the meaning of the ICWA. … The briefs to this cause contain arguments from the parties alleging that Richard suffered *947 from acquired immune deficiency syndrome (AIDS), an illness from which Betty Jo also apparently suffers.

Fletcher v. Tuttle

25 L.R.A. 143 · Illinois Supreme Court · Jun 15, 1894

Hinrichsen, the Secretary of State, alleging that the complainant is a resident of the county of Jefferson, and a legal voter in that county, and qualified to hold the office of member of the General Assembly, and is a candidate … Civil rights are those which have no relation to the establishment, support or management of the government.

Corbin v. Schroeder

450 Ill. Dec. 942 · Illinois Supreme Court · Apr 27, 2021

“Nominations of independent candidates for public office within any district or political subdivision less than the State, may be made by nomination papers signed in the aggregate for each candidate by qualified … That question presents a mixed question of fact and law, subject to the “ ‘clearly erroneous’ ” standard. Cinkus, 228 Ill. 2d at 211.

Donaldson v. Central Illinois Public Service Co.

Illinois Supreme Court · Feb 22, 2002

App. 3d 944, 957-58 (1966); see also Ferebee , 736 F.2d at 1535-36 (“[A] cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can testify that, in his opinion, such … Clearly, where the same set of facts shows one party liable and the other not liable, they are not legally inconsistent verdicts.