Case law

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.

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.

People v. Phillips

Illinois Supreme Court · Jun 3, 2005

Clearly, precedent may be instructive even when it is not dispositive. Subject to that caveat , we agree with defendant’s argument. … Defendant also argues his admission to police that he exchanged pornography on the Internet was insufficiently corroborated to establish the corpus delicti of the crime of possession with intent to disseminate.

Reynolds v. Burns

20 Ill. 2d 179 · Illinois Supreme Court · Sep 29, 1960

The named executors-trustees qualified as such and proceeded to the administration of the estate. … with the trustee de bonis non proceeding and the judgments and orders and actions therein involved, although the plaintiffs vigorously insist that the defendants are not entitled to collaterally attack that proceeding, it clearly

Bishop v. Burgard

198 Ill. 2d 495 · Illinois Supreme Court · Jan 25, 2002

The Committee claims that the motion to adjudicate lien in this case qualifies for complete preemption under section 502(a)(3) of ERISA ( 29 U.S.C. § 1132 (a)(3) (1994)), which provides for a civil action to be brought “by … Clearly, the plan in this case benefited from Bishop’s lawsuit and the efforts of her attorney, just as SUES did in Taylor.

Lebron v. Gottlieb Memorial Hospital

237 Ill. 2d 217 · Illinois Supreme Court · Feb 4, 2010

Section 340 of the Act amended section 30 of the Good Samaritan Act (745 ILCS 49/30 (West 2006)) to expressly include retired physicians within its immunities and to add a provision allowing free clinics to receive reimbursement … The party challenging the law must clearly establish that it violates the constitution. People v. Johnson, 225 Ill. 2d 573, 584 (2007).

Carpenters' Union v. Citizens Committee to Enforce the Landis Award

333 Ill. 225 · Illinois Supreme Court · Dec 20, 1928

The purpose of the committee to injure the complainants appears clearly. … This testimony was clearly competent for the purpose of showing the motive of the employer’s action. (3 Wig-more on Evidence, sec. 1729; Lawlor v. Loewe, 235 U. S. 522 ; Gibson v.

Leathe v. Thomas

218 Ill. 246 · Illinois Supreme Court · Jun 23, 1905

the grantor covenants and agrees to and with the said Leathe, that it will, upon demand, convey, by good and proper deed of conveyance, to said Leathe and his assigns, any land, easements and right of way, privileges or immunities … No evidence was introduced to sustain either the first or second plea filed by the defendant in error, and the recovery was had under the third and fourth pleas, as clearly appears from the report of the referee referred

Arangold Corp. v. Zehnder

Illinois Supreme Court · Jul 1, 1999

The party challenging the constitutionality of a statute bears the burden of rebutting this presumption and clearly establishing a constitutional violation. Russell , 183 Ill. 2d at 441 . … This court’s precedent clearly establishes that the proper test for determining a single subject violation is whether the matters included within the enactment have a natural and logical connection to a single subject .

Heastie v. Roberts

Illinois Supreme Court · Nov 1, 2007

of first impression whose resolution was not clearly foreshadowed. … Our decision in Sullivan did not establish a new principle of law.

Rosenbach v. Six Flags Entertainment Corp.

432 Ill. Dec. 654 · Illinois Supreme Court · Jan 25, 2019

¶ 27 Section 20 of the Act (740 ILCS 14/20 (West 2016)), the provision that creates the private right of action on which Rosenbach’s cause of action is premised, clearly follows the latter model. … Likewise, if a term has a settled legal meaning, the courts will normally infer that the legislature intended to incorporate that established meaning into the law. People v.

Household Bank v. Lewis

Illinois Supreme Court · May 22, 2008

That is so because when Household moved to withdraw the motion to confirm and to vacate the judicial sale in this case, it clearly intended to forgo any future claim it might assert to have the property sold by the court … Exceptions to the waiver rule may be established by the General Assembly (see, e.g., 735 ILCS 5/15–1601(a) (West 2004) (restricting mortgagor’s right to waive its rights of reinstatement and redemption)), but no restriction

People v. Johnson

149 Ill. 2d 118 · Illinois Supreme Court · Jun 25, 1992

The case at bar is clearly of a different nature, for there was no evidence of such violence within the home of defendant. … Clearly, the defendant’s interpretation of the trial judge’s statement is based upon the testimony of his witnesses.

Hadley v. The Illinois Department of Corrections

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. Redmond

59 Ill. 2d 328 · Illinois Supreme Court · Sep 27, 1974

In response to the trial court's inquiry Robinson said that defendant did not seem "quite normal" because he moved slowly, but he later qualified his description and attributed this to defendant's muscular build. … The "some evidence" test was well established and recognized at the time this statute was enacted ( Flowers v.

Ammons v. Canadian National Ry. Co.

2019 IL 124454 · Illinois Supreme Court · Jan 27, 2020

United States Supreme Court interpretation of federal law is clearly binding on this court. … The court found the critical word in the definition of “device” was “exemption,” as it was only when the contract or device qualified as an exemption from liability that it became void under section 55

In re Commitment of Fields

10 N.E.3d 832 · Illinois Supreme Court · May 22, 2014

According to respondent, because he “was under the requisite age to qualify for a diagnosis of pedophilia” at the time of the 2000 offense, the State failed to establish that he has a mental disorder. … ¶ 40 The record clearly establishes that respondent did not ask the court for an adjournment or a continuance of the dispositional hearing.

Wilson v. County of Cook

360 Ill. Dec. 148 · Illinois Supreme Court · Apr 5, 2012

permeates the text of section 54-211(1). ¶ 30 Plaintiffs further allege that several of the specific enumerated characteristics such as "barrel shroud" or "protruding grip" are vague generic features that would potentially qualify … If the government can establish that the challenged law regulates activity falling outside the scope of the second amendment right, then the regulated activity is categorically unprotected.

People v. LeFlore

2015 IL 116799 · Illinois Supreme Court · Jun 26, 2015

It noted that “Davis merely establishes the inapplicability of the exclusionary rule in one specific circumstance. … , 101 (1992), Krueger found that although a no-knock entry can be constitutionally permitted if exigent circumstances are present, simple possession of firearms by the occupant without more does not qualify

People v. Willis

215 Ill. 2d 517 · Illinois Supreme Court · Jun 3, 2005

For this reason, such jurisdictions will be immune from systematic challenges.” McLaughlin, 500 U.S. at 56 , 114 L. Ed. 2d at 62-63 , Ill S. Ct. at 1670. … Ct. 1860, 1879 (1961) (“The ultimate test [for admissibility] remains that which has been the only clearly established test in Anglo-American courts for two hundred years: the test of voluntariness.