Case law

McDunn v. Williams

156 Ill. 2d 288 · Illinois Supreme Court · Aug 26, 1993

Moreover, ballots have a box clearly marked on the front for the judge's initials. … Clearly, the Election Code contemplates that such matters will be determined expeditiously.

In re Estate of Shelton

2017 IL 121199 · Illinois Supreme Court · May 18, 2017

Thus, section 2-10.3(b) refers exclusively to the liability and duties of an “agent” with no mention of the qualifying word, “successor.” … ¶ 43 We disagree with the appellate court’s statutory analysis as it is contrary to our established canons of statutory construction.

Paganelis v. Industrial Commission

132 Ill. 2d 468 · Illinois Supreme Court · Dec 21, 1989

The arbitrator also concluded that the respondent had failed to establish its defense that Johnson’s accident arose as a matter of law from his intoxication rather than from his employment. … Moreover, the physicians were qualified to explain the well-established effects of intoxication on the human body.

People v. Foggy

121 Ill. 2d 337 · Illinois Supreme Court · Feb 11, 1988

This Section is intended to protect victims of rape from public disclosure of statements they make in confidence to counselors of organizations established to help them. … United States (1979), 445 U.S. 40 , *362 63 L.Ed.2d 186 , 100 S.Ct. 906 (rejecting absolute marital or spousal immunity).

Owen v. Crumbaugh

228 Ill. 380 · Illinois Supreme Court · Jun 19, 1907

Based upon that belief, many religious creeds, differing widely, have been established. … as any evidence whatever tending to establish the existence of insane delusions, within the legal meaning of those terms.

People v. Banks

161 Ill. 2d 119 · Illinois Supreme Court · May 19, 1994

The evidence clearly establishes, therefore, that defendant intentionally exposed the victim to subfreezing temperatures without the benefit of clothing or blankets. … Section 9 — 1(b)(7) specifically describes the conduct that qualifies an accused for the death penalty and is not susceptible to arbitrary application. (Odie, 128 Ill. 2d at 140 .)

People v. Jones

Illinois Supreme Court · Jan 20, 2006

A contrary rule would permit the accused to grant retrospectively to himself what is akin to a use immunity. … Rule 402(f) may not be used to retrospectively immunize statements made before an offer to plead guilty has been proffered.

Harshman v. DePhillips

218 Ill. 2d 482 · Illinois Supreme Court · Feb 17, 2006

Leifheit, 105 Ill. 2d 191 (1984), establishes that the failure of a party to assert a contribution claim while the original action is pending bars the party from filing a contribution claim in a separate action at a later … We further note that under plaintiffs’ proposed interpretation of section 5, a contribution claim would qualify as having been “asserted *** by third-party complaint in a pending action” upon a defendant’s request for leave

People v. Morger

2019 IL 123643 · Illinois Supreme Court · Jan 19, 2021

The evidence at defendant’s bench trial established that defendant, while in the family residence, touched his sister’s breast and vagina and that he had her touch his penis. … All statutes are presumed constitutional; the party challenging the constitutionality of a statute has the burden of clearly establishing its invalidity. Id.

Lang v. Metzger

206 Ill. 475 · Illinois Supreme Court · Dec 16, 1903

The evidence shows that Josef Eaback died February 16,1885, and that his will was probated, as set forth in the bill; that Louis Pregler was appointed both executor and trustee under the will, and qualified and took upon … As to this latter evidence, it was clearly incompetent.

In re Estate of McDonald

460 Ill. Dec. 652 · Illinois Supreme Court · Apr 21, 2022

The court held that Ellizzette failed to present a prima facie case establishing the validity of her marriage to John. … The court granted Ellizzette’s combined motion for subpoenas to obtain John’s medical records and a qualified order pursuant to the Health Insurance Portability and Accountability Act

People v. Armstrong

Illinois Supreme Court · Mar 19, 1998

Prosecutors may respond to comments by the defense that clearly invite a response. Kitchen , 159 Ill. 2d at 39 . … Clearly the trial court was within its discretion in excluding such testimony.

People v. Perry

Illinois Supreme Court · Feb 16, 2007

-6-  The principles guiding our analysis are well established. … The State must also prove (5) the value of the stolen property in order to establish the grade of the offense. 720 ILCS 5/16–1(b) (West 2000).

Southern Illinoisan v. Illinois Department of Public Health

218 Ill. 2d 390 · Illinois Supreme Court · Feb 2, 2006

Based upon her credentials, the circuit court qualified Dr. Sweeney as an expert witness on the subject of data anonymity. Dr. … As we have noted, it was the Department’s burden under the FOIA to establish that its refusal to release the requested material to plaintiff fell within the exemption set forth in section 7(l)(a) of the FOIA, by establishing

Bitner v. City of Pekin

2025 IL 131039 · Illinois Supreme Court · Sep 18, 2025

The phrase “on the same basis” clearly means that an injured employee is to be paid from the regular payroll in the same manner as if the employee was on duty and in active service. … ¶ 33 As in the circuit court, the plaintiffs in this court have not pointed to any IRS ruling specifically establishing that payments under section 1(b) are exempt from federal income tax.

Mydlach v. DaimlerChrysler Corporation

Illinois Supreme Court · Sep 20, 2007

Clearly, the latter alternative is not available, as the court is dismissing Count II [the implied warranty count]. … Maloney Cadillac, Inc., 119 Ill. 2d 288, 295 (1988), plaintiff argues that, by virtue of defendant’s written warranty, privity is established and revocation should be permitted.

PNC Bank, National Ass'n v. Kusmierz

2021 IL 126606 · Illinois Supreme Court · Jan 21, 2022

¶9 ANALYSIS ¶ 10 On appeal to this court, defendants argue that the dismissal of their petition was improper because (1) third-party respondents do not qualify as bona … ¶ 31 In this case, both elements of laches are clearly established on the face of the record. The first element is a lack of diligence by the party asserting the claim. Tully, 143 Ill. 2d at 432.

Hayashi v. Illinois Department of Financial & Professional Regulation

2014 IL 116023 · Illinois Supreme Court · Oct 17, 2014

Instead, the plain language clearly indicates the legislative intent to subject persons to the Act without regard to the date of their convictions. … The revocation proceedings simply do not qualify as a “relitigation” of the same case. See Arvia, 209 Ill. 2d at 534.

People v. P.H.

145 Ill. 2d 209 · Illinois Supreme Court · Oct 31, 1991

Contrarily, proof that a minor qualifies for transfer pursuant to the “gang-transfer” provision merely requires establishment of the two noninculpatory statutory factors. … Clearly, the provision, by increasing the likelihood of criminal prosecution and sentencing, is aimed at decreasing the level of gang violence in our society.

Wilson v. County of Cook

2012 IL 112026 · Illinois Supreme Court · Apr 5, 2012

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.