Case law

Coram v. The State of Illinois

996 N.E.2d 1057 · Illinois Supreme Court · Sep 12, 2013

shall issue a FOID card only to those applicants found qualified under section 8 of the Act. 430 ILCS 65/5 (West 2010). … Both logic and data establish a substantial relation between § 922(g)(9) and this objective.”); United States v.

Cassidy v. China Vitamins, LLC

2018 IL 122873 · Illinois Supreme Court · Apr 29, 2019

The statute clearly states that this evidentiary burden rests on the plaintiff. ¶ 72 The majority’s burden shifting is not only contrary to the statute’s explicit language, it is contrary to the underlying … In most situations, therefore, immunizing nonmanufacturers from strict liability saves those resources without jeopardizing the plaintiff’s interests.”). ¶ 75 In Illinois, section 2-621 was enacted so

In re Pension Reform Litigation

32 N.E.3d 1 · Illinois Supreme Court · May 8, 2015

“Under established and uncontroverted Illinois law, the State of Illinois cannot break that promise. … The State points out that case law interpreting these provisions has recognized that the prohibition against impairment of contracts is not absolute and “does not immunize contractual obligations from

Mikolajczykv. Ford Motor Company

Illinois Supreme Court · Oct 17, 2008

If this court’s precedents do not establish this definitive rule, they argue, our decisions have nevertheless established that the risk-utility test is the only test to be applied if the product at issue is complex and if … The evidence at trial was sufficient to establish that the design of the device was defective under this test.

Milwaukee Safeguard v. Selcke

Illinois Supreme Court · Oct 23, 1997

Defendants point out that many foreign companies have formed Illinois subsidiaries which qualify for the tax exemption afforded to domestic companies. … I would therefore conclude that no equal protection violation has been established by plaintiffs. As noted above, plaintiffs rely on Ward in their attempt to establish a uniformity clause violation.

People ex rel. Vandeventer v. Rose

203 Ill. 46 · Illinois Supreme Court · Jun 16, 1903

This difficulty, however, disappears upon the application of a well established rule of statutory and constitutional construction. Sections 5 and 6 of article 6 of the constitution of 1870 are to be construed together. … In the construction of constitutional and statutory provisions “one provision.may be qualified by another, though it does not profess to have that effect.

People ex rel. Ring v. Board of Education of District 24

245 Ill. 334 · Illinois Supreme Court · Jun 29, 1910

of a State religion or the compulsion of the citizen to support, by taxation or otherwise, an established ministry or places of established worship, it being the object of such constitutional provisions to work a complete … Where can the purest principles of morality be learned so clearly or so perfectly as from the New Testament?

In re Barbara H.

Illinois Supreme Court · Oct 22, 1998

For present purposes, we think it sufficient to say that this case falls within another exception to the mootness doctrine whose validity is well established. … The courts in Illinois have held that where a case involves an event of short duration which is “capable of repetition, yet evading review,” it may qualify for review even if it would otherwise be moot.

People v. Guest

115 Ill. 2d 72 · Illinois Supreme Court · Dec 19, 1986

However, Pellegrino is clearly distinguishable. In Pellegrino, there were two witnesses who testified that they had seen the defendant hit and kick the deceased. … The State responds that the victim’s widow was called solely to establish that the defendant was 18 or over at the time her husband was killed, a factor which the State is required to establish in order to qualify a defendant

People v. Gray

2017 IL 120958 · Illinois Supreme Court · Mar 2, 2018

Yet Williams’s testimony in this regard was tentative, and she qualified her account of Carthron’s statement with the phrase “I believe it was.” … Statutes are presumed constitutional, and the party challenging the constitutionality of a statute has the burden of clearly establishing its invalidity.

Vuagniaux v. Department of Professional Regulation

208 Ill. 2d 173 · Illinois Supreme Court · Nov 20, 2003

The burden is on the party challenging the statute to clearly establish any constitutional invalidity. … any medical board, but came instead from the educational institution where Vuagniaux learned the technique, it is difficult for us to see how he could reasonably have been misled into the thinking that his certification qualified

In re Edmonds

2014 IL 117696 · Illinois Supreme Court · Dec 29, 2014

The trust would be used exclusively for charitable purposes, exempt from federal income tax, and would qualify as a private foundation. … A decision is against the manifest weight of the evidence only if the opposite conclusion is clearly evident.

People ex rel. Deneen v. Economy Light & Power Co.

241 Ill. 290 · Illinois Supreme Court · Oct 26, 1909

The following is the habendum clause of the said deed: “To have and to hold the same, together with the rights, privileges, immunities and appurtenances thereunto belonging, .unto-the said Charles E. … Under well established rules of law these several conveyances carried the title to the bed of the stream, in the absence of any language clearly denoting an intention of stopping at the edge of the river. (Braxon v.

People v. McCallister

193 Ill. 2d 63 · Illinois Supreme Court · Jul 6, 2000

BACKGROUND The following facts were established at trial. … You don’t feel you’re well qualified in that area or that there would have to be further testing done? A. I’m stating that he’s fit on the medication he is on.

People v. Ortiz

Illinois Supreme Court · May 24, 2001

Accordingly, he reasons, it is immune to collateral attack, and must stand. We disagree, because there was no order entered in December 1995. … Moreover, as the trial court stated, the question is not whether there was a drug ring operating; clearly there was. The question is what defendant knew.

Nationwide Financial, L.P. v. Pobuda

21 N.E.3d 381 · Illinois Supreme Court · Sep 18, 2014

¶ 39 Nationwide argues that this court’s precedent in cases such as Schmidt should be read to include the following qualifying limitations: “[A] titleholder’s use of the property over which someone claims … The problem with the appellate court’s analysis is that the origin of the way was established in that case.

People v. Kubat

114 Ill. 2d 424 · Illinois Supreme Court · Oct 17, 1986

In view of the strong impeachment evidence that was, in fact, elicited ( e.g., her animosity toward defendant, her threat to kill him, her testimony in exchange for immunity, the fact that she may have lied to annul her second … These are clearly relevant facts in mitigation.

Zurich Insurance Co. v. Raymark Industries, Inc.

118 Ill. 2d 23 · Illinois Supreme Court · Sep 14, 1987

Nevertheless, the expert testimony in the record establishes that asbestos-related disease may or may not progress during periods of non-exposure. … Raymark contends that this subsequent amendment establishes that its pre-1967 policies contain an unqualified promise to pay defense costs.

People v. Kubat

94 Ill. 2d 437 · Illinois Supreme Court · Jan 24, 1983

Nevertheless, the record clearly establishes that any impropriety involved did not affect the subsequent positive in-court identifications made by the Lopezes. … As we have indicated, the record clearly does not support defendant’s allegation that his attorneys rendered ineffective assistance of counsel.

People v. Rissley

Illinois Supreme Court · Jun 19, 2003

Indeed, Hedrich conceded that he did not feel qualified to represent a capital litigant because he lacked experience in the area. … This court has stated: “ ‘By numerous decisions this court has held that no right is more clearly established than that of an appellant to dismiss his appeal, regardless of the protest of the appellee. [Citations.]