Case law

In re Marriage of Mathis

2012 IL 113496 · Illinois Supreme Court · Apr 30, 2013

. ¶9 On November 4, 2005, Kenneth filed a motion in limine to establish the valuation date for marital property. … The court stated that the Act “clearly stipulates that all marital assets must be valued as of the date of the dissolution of the marriage.”

Vuagniaux v. Department of Professional Regulation

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

Bogenberger v. Pi Kappa Alpha Corporation, Inc.

104 N.E.3d 1110 · Illinois Supreme Court · Jan 19, 2018

A mere allegation of agency is insufficient to establish actual agency. Id. … However, the above allegations fall short of establishing “control.”

People v. Madej

Illinois Supreme Court · Jun 19, 1997

The trial judge noted: “I believe that those factors [rendering defendant death eligible] have been clearly established in overwhelming nature by the State's evidence ***.” … Haywood , 82 Ill. 2d 540, 543-44 (1980)), which are generally immune from claims of ineffective assistance of counsel ( People v. Guest , 166 Ill. 2d 381, 394 (1995); see also People v.

Stanphill v. Ortberg

432 Ill. Dec. 624 · Illinois Supreme Court · Dec 28, 2018

Bawden further clarified, stating, “she should have foreseen that he was at a high enough risk to require referral to an appropriately qualified person, provider. … In reaching your decision, you must rely upon opinion testimony from qualified witnesses or evidence of policies.

People v. Taylor

221 Ill. 2d 157 · Illinois Supreme Court · May 18, 2006

Article II (see 720 ILCS 5/2 — 5 (West 1998)) and that definition governs our inquiry, as the words and phrases defined in article II have the same meaning throughout the Code as is designated in article II unless the context clearly … Accordingly, this court gave effect to the statute as written and found that the defendant qualified as a “sexual predator” under the statute. In re J.W., 204 Ill. 2d at 64.

Cutinello v. Whitley

161 Ill. 2d 409 · Illinois Supreme Court · Jun 1, 1994

The act merely names, without any qualifying characteristics, the three counties included within its scope. … Clearly, as the majority notes, there was a rational basis for the classifications in those cases.

People v. Relerford

2017 IL 121094 · Illinois Supreme Court · Aug 15, 2018

True Threats ¶ 37 With regard to the exception for true threats, the Supreme Court has held that a communication qualifies as a true threat if it contains a “serious expression of an intent to commit … The broad sweep of subsection (a) reaches a host of social interactions that a person would find distressing but are clearly understood to fall within the protections of the first amendment. ¶ 53 For example

Cothron v. White Castle System, Inc.

2023 IL 128004 · Illinois Supreme Court · Jul 18, 2023

We have found, however, that the statutory language clearly supports plaintiff’s position. … If every scan is a separate, - 20 -  actionable violation, qualifying for an award of liquidated damages, then it is in a plaintiff’s interest to delay bringing

People v. Haynes

Illinois Supreme Court · Jul 6, 2000

Kartan did not feel comfortable or qualified to offer an opinion as to whether defendant was capable of cooperating with defense counsel. Dr. … Fauteck that defendant did not wish to be represented by counsel because no one could expound his philosophy as clearly and as well as he could. On cross-examination, Dr.

In Re JW

204 Ill. 2d 50 · Illinois Supreme Court · Feb 21, 2003

It is well settled that statutes are presumed constitutional and that a party challenging the constitutionality of a statute has the burden of establishing its invalidity. People v. … Reading section 2(A-5) together with section 2(E) so that no word or paragraph is rendered meaningless, we conclude that J.W. clearly qualifies as a sexual predator under the Registration Act.

Harshman v. DePhillips

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

Leifheit, 105 Ill.2d 191 , 85 Ill.Dec. 340 , 473 N.E.2d 939 (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 *945 … The basis for this assertion is the amendment's qualifying language precluding its application to medical malpractice cases.

Parks v. Kownacki

193 Ill. 2d 164 · Illinois Supreme Court · Aug 10, 2000

Plaintiff clearly has not pleaded the elements of equitable estoppel. She does not allege that any defendant misrepresented or concealed any material fact. … If the only cognizable legal principles were the ones already acknowledged by the courts in this state, we could not have abrogated sovereign immunity as to school districts (see Molitor v.

Lewis E. v. Spagnolo

Illinois Supreme Court · Apr 15, 1999

charges that the District defendants have, for decades, failed to maintain school buildings and grounds in a manner that protects the safety of District students, failed to provide rudimentary instructional equipment and qualified … A cause of action will not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved which will entitle the plaintiff to recover. Bryson v.

People v. Howery

Illinois Supreme Court · Sep 18, 1997

The defendant further contends that the trial court's finding of guilt was “clearly erroneous.” He entreats this court to adopt a clearly erroneous standard of review for evaluating the trial court's factual findings. … The failure to offer mitigation evidence does not in and of itself establish deficient performance. Perez , 148 Ill. 2d 168 .

Commercial National Bank of Chicago v. City of Chicago

89 Ill. 2d 45 · Illinois Supreme Court · Jan 25, 1982

Here, as in the other cases, the tax was clearly within the scope of the examples set out in the majority committee report. … The court essentially held that a severability clause is a declaration of established rules of statutory construction.

Mattis v. State Universities Retirement System

212 Ill. 2d 58 · Illinois Supreme Court · May 20, 2004

This language clearly shows that the calculation of retirement annuities under Rule 2 is based on "accumulated normal contributions." … Under the new rule, Mattis qualifies for a benefit of $3,090 per month.

Parker v. People

111 Ill. 581 · Illinois Supreme Court · Sep 27, 1884

This authority clearly can have no application here. The law of Illinois on this subject is the common law of England. … delivering the opinion of the court, said: “ Upon principles of the English common laiv the argument is tvell founded, but the constant course of legislation upon this subject, from the first settlement of the country, has qualified

Rich v. Principal Life Insurance Company

Illinois Supreme Court · Sep 20, 2007

A contract term may be unambiguous because it has acquired an established legal meaning. Schnackenberg, 88 Ill. 2d at 5. “Accidental bodily injury” refers to an unforeseen or unexpected bodily injury. See Yates v. … Coe, clearly negates plaintiff’s contention. Throughout his comprehensive report, Dr. Coe refers only to one injury–plaintiff’s wrist injury incurred in a work accident on January 19, 1999. According to Dr.

People v. Tenney

205 Ill. 2d 411 · Illinois Supreme Court · Apr 18, 2002

In reaching its judgment, the Court stressed: “[W]e establish no new principles of constitutional law. … Ct. at 1045 )); Woods, 101 Nev. at 136 , 696 P2d at 470 (same; exclusion of such evidence “clearly prejudicial” because, without it, defendant unable to properly present her version of the events).