Case law

In Re Topper

135 Ill. 2d 331 · Illinois Supreme Court · Mar 22, 1990

The government official was eventually convicted of extortion and the attorneys testified against him pursuant to a grant of immunity. … established.

Price v. Philip Morris, Inc.

2015 IL 117687 · Illinois Supreme Court · Dec 10, 2015

American Brands, Inc., 79 F.T.C. 255 (1971)): “the FTC could, and did, specifically authorize all United States tobacco companies to utilize the words ‘low,’ ‘lower,’ ‘reduced’ or like qualifying … Thus, even this court’s 2005 Price decision does not immunize the judgment entered pursuant to that decision from section 2-1401 relief.

People v. Wright

111 Ill. 2d 18 · Illinois Supreme Court · Jan 23, 1986

The period the defendant had been confined qualified her for release under the new sentence, and Wright was released on the same day the new sentence was imposed. … The defendant’s brief in the appellate court noted that every witness at trial made reference to her drinking or her apparent intoxication and, based on this evidence, she contended that counsel’s failure to clearly argue

Hadley v. Illinois Department of Corrections

224 Ill. 2d 365 · Illinois Supreme Court · Feb 16, 2007

Whether plaintiff’s complaint was properly dismissed turns on whether plaintiff sufficiently alleged “a certain and clearly ascertainable right that needs protection.” 362 Ill. App. 3d at 687 . … “[I]n terms of dollars or net worth, how destitute must an inmate be to qualify as ‘indigent’ within the meaning of section 3 — 6—2(f)? The legislature does not say.” 362 Ill. App. 3d at 686 .

People v. Brown

444 Ill. Dec. 612 · Illinois Supreme Court · Apr 2, 2020

We reiterate that when a court holds a statute unconstitutional as applied, that holding must be based on an established factual record. … Again, I’m not arguing that the FOID Card Act is facially invalid, that it’s unconstitutional as a whole, but I think as to this kind of person in their home who otherwise qualifies for a card, they should

Morr-Fitz, Inc. v. Blagojevich

231 Ill. 2d 474 · Illinois Supreme Court · Dec 18, 2008

No other qualified pharmacist could be found. As a result, the pharmacy was forced to close, resulting in an annual loss of profits of $75,000. … Section 15, however, clearly contains an exception that provides that claimants may in fact be entitled to dividends on unliquidated stock.

People v. Stechly

225 Ill. 2d 246 · Illinois Supreme Court · Apr 19, 2007

Ct. at 2282-83 (Thomas, J., concurring in the judgment and dissenting in part)). b) Intended to Establish a Particular Fact The second requirement is that the statement must be intended to establish a particular fact. … This passage clearly states that the term “testimonial” applies, at a minimum, to these “modern practices.”

Brundage v. Knox

279 Ill. 450 · Illinois Supreme Court · Jun 21, 1917

At the conclusion of the opinion in that case the court lays down this rule (p. 525) : “We are therefore clearly of opinion that the line at which the water usually stands when free from disturbing causes is the boundary … The Attorney General cannot, as we think, waive the State’s immunity from being placed in the position of a defendant.

People v. Rivera

Illinois Supreme Court · Jun 29, 2006

establishing purposeful discrimination. … factual findings, and articulated legal bases for both the trial court=s finding of a prima facie case and its ultimate determination at the third stage of the Batson procedure, the trial court=s rulings may be virtually immune

People v. Lopez

207 Ill. 2d 449 · Illinois Supreme Court · Oct 17, 2003

While it may be possible for an expert to form an opinion regarding rape trauma syndrome based only on a review of reports and trial testimony, this is clearly not the preferred method. … The courts highlight, however, the differences in purpose between a psychological examination aimed at the credibility and competency of the alleged victim and a physical examination to establish a substantive defense to

People ex rel. Stevens v. Fidelity & Casualty Co. of New York

26 L.R.A. 295 · Illinois Supreme Court · Oct 29, 1894

A proviso is to be construed to qualify what is affirmed in the body of the act, section or paragraph which precedes it. (Boone v. Juliet, 1 Scam. 258 ; City of Chicago v. Phoenix Ins. Co. 126 Ill. 276 .) … Minnesota, be excluded from doing business in said State upon the ground that the laws of the State where such foreign corporation was created would exclude corporations of Minnesota from doing business there, unless it is clearly

People v. Pawlaczyk

189 Ill. 2d 177 · Illinois Supreme Court · Jan 21, 2000

The Illinois Reporter’s Privilege Act Illinois allows a qualified privilege of confidentiality for any source of information obtained by a reporter. 735 ILCS 5/8 — 901 (West 1998). … For Now: Reexamining a Qualified Privilege for Reporters to Keep Sources Confidential in Grand Jury Proceedings, 1988 U. Ill. L. Rev. 739 ; D. Geraghty & A.

Central City Education Ass'n v. Illinois Educational Labor Relations Board

149 Ill. 2d 496 · Illinois Supreme Court · Jun 9, 1992

This is a question that the IELRB is uniquely qualified to answer, given its experience and understanding of bargaining in education labor relations. … Which issues are mandatory, and which are not, will be very fact-specific questions, which the IELRB is eminently qualified to resolve.

Higgins v. Chicago Title & Trust Co.

312 Ill. 11 · Illinois Supreme Court · Apr 14, 1924

. & Co. establishes the fact that they were his bankers, brokers and confidential agents. The fact that they were his brokers needs no proof, for it is admitted. … The only relation established by this evidence is that of debtor and creditor.

People v. Burns

50 N.E.3d 610 · Illinois Supreme Court · Mar 24, 2016

”; instead, the question is whether it qualifies to be “treated as the home itself.” … defendant’s landing and door qualified as curtilage under the four-part Dunn test.

People v. Illinois Central Railroad

273 Ill. 220 · Illinois Supreme Court · Apr 20, 1916

An “exemption is an immunity or privilege.” (State v. Smith, 158 Ind. 543 .) … Illinois Central Railroad Co. 246 Ill. 188 , but a proceeding to establish a value on property for the purpose of taxation.

Gunn v. Sobucki

Illinois Supreme Court · Oct 6, 2005

Our court, clearly, and without need for explanation, held that evidence of nonpayment to have been improperly admitted. … Clearly, the evidence at issue meets that standard.

ESG Watts, Inc. v. Pollution Control Board

Illinois Supreme Court · Mar 23, 2000

Watts’ argument is flawed in that it ignores the qualifying phrase “insofar as appropriate” in Rule 335(i)(1). … Bulk Terminals is clearly distinguishable from the instant case. Bulk Terminals involved double jeopardy and res judicata , not administrative review.

Bowman v. American River Transportation Co.

Illinois Supreme Court · Oct 20, 2005

Therefore, the rules of statutory construction clearly establish that the “election” referred to in the Jones Act is not the seaman’s election of a trial by jury, but his election to proceed “at law” rather than in admiralty … I believe that other authority clearly exists supporting the existence of that right and, therefore, I write separately to explain my view.

In Re Heirich

10 Ill. 2d 357 · Illinois Supreme Court · Jun 15, 1956

The record clearly shows that Wood was angry, vindictive and disappointed. … It is uncontroverted that many of the judges have been deemed “well qualified” and “very well qualified” for their offices in bar association evaluations and overwhelmingly approved in bar polls.