Case law

People v. Burns

209 Ill. 2d 551 · Illinois Supreme Court · Apr 15, 2004

Carich had been found qualified to render opinions for purposes of recovery applications in other appellate cases. 337 Ill. App. 3d at 229 . One justice dissented from the finding that Dr. Carich was qualified. 337 Ill. … Carich clearly is qualified to submit socio-psychiatric reports and to testify in discharge proceedings under section 9 of the SDPA.

Hayashi v. Illinois Department of Financial & Professional Regulation

2014 IL 116023 · Illinois Supreme Court · Mar 2, 2015

We find that the plain language of the Act clearly applies to convictions imposed prior to the Act’s effective date. ¶ 20 II. … The revocation proceedings simply do not qualify as a “relitigation” of the same case.

Bridgestone/Firestone, Inc. v. Aldridge

179 Ill. 2d 141 · Illinois Supreme Court · Oct 23, 1997

This court could not perceive any legislative intent to add any additional conditions to section 604 to qualify a claimant for benefits. … However, the legislature did clearly express a contrary intent. Sections 604 and 1502.1 address different subjects.

Eagle Packet Co. v. Defries

94 Ill. 598 · Illinois Supreme Court · May 14, 1880

It was clearly the duty of defendant to provide means by which plaintiff could safely go from the boat to the wharf; and the fact that the stage-plank used for that purpose fell whilst plaintiff, in the exercise of due care … The evidence wholly fails to establish ordinary care on the part of the defendant to prevent the falling of the stage-plank. The jury properly found the plea of release was not sustained.

In Re Howard

69 Ill. 2d 343 · Illinois Supreme Court · Jan 26, 1978

In re Schwarz (1972), 51 Ill. 2d 334 , wherein the defense of testimonial immunity is held inapplicable in attorney disciplinary proceedings), we do not believe the facts of this case establish entrapment. … Clearly, then, respondent’s own testimony established that self-interest motivated his improper statements to the officer.

Welch v. Johnson

147 Ill. 2d 40 · Illinois Supreme Court · Feb 19, 1992

As such, his successor, whether himself or someone else, has not been elected and qualified. This case is not moot. … It is well established that in order to preserve for appellate review an issue relating to the admission of evidence, a party must object at the time of such admission.

Weiland v. Telectronics Pacing Systems, Inc.

Illinois Supreme Court · Dec 2, 1999

Section 360k clearly states “that federal requirements may pre-empt state requirements, but it says next to nothing about just when, where, or how they may do so.” Lohr , 518 U.S. at 505 , 135 L. Ed. 2d at 728 , 116 S. … TPSI, however, has not identified a single regulation or order promulgated by the FDA which established a specific requirement for its pacemakers.

General Motors Corp. v. State of Illinois Motor Vehicle Review Board

224 Ill. 2d 1 · Illinois Supreme Court · Jan 8, 2007

If a protest is filed, the manufacturer has the burden of proof to establish that “good cause” exists to allow the grant or establishment of the additional franchise. 815 ILCS 710/4(e)(8) (West 2004). … Whether the Board’s Decision Was Clearly Erroneous GMC next argues that the Board’s decision was either clearly erroneous or against the manifest weight of the evidence.

Armstrong v. Guigler

Illinois Supreme Court · Oct 18, 1996

The plaintiffs' action is clearly one for breach of a written contract and, thus, is governed by the 10-year statute of limitations established in section 13--206 of the Code of Civil Procedure. … The complaint set forth factual allegations establishing the defendants' breach.

Road District No. 1 v. Beebe

231 Ill. 147 · Illinois Supreme Court · Dec 17, 1907

The third instruction given at the request of appellee, and the first, third and fifth given on the motion of appellant, clearly inform the jury that the use by the public must have been adverse, exclusive, continuous, uninterrupted … This is said to be erroneous because the use by the public therein referred to is not qualified by a statement that such use must have been adverse, exclusive, continuous, uninterrupted and under a claim of right for the

People v. Gant

58 Ill. 2d 178 · Illinois Supreme Court · Sep 27, 1974

The State then moved to grant and the trial court granted her immunity from prosecution, for “anything that she may testify to.” … In our opinion the evidence in this case so clearly establishes the guilt of defendant that any error in the admission of Officer Brown’s testimony regarding his hospital conversation with Mary Ward was, beyond a reasonable

People v. Lewis

105 Ill. 2d 226 · Illinois Supreme Court · Nov 30, 1984

The record does not clearly establish whether Kinser received the laboratory report in question. … However, he received immunity in exchange for his testimony at the Lewises’ trial and at Willie T. Sangster’s trial.

The People v. Robinson

14 Ill. 2d 325 · Illinois Supreme Court · Sep 18, 1958

Baker, 8 Ill.2d 522, 524 , that a defendant may tender a limiting, qualifying or cautionary instruction as to the status of a court’s witness, it is our opinion that the instruction tendered in this case was properly refused … Instructions 7, 8 and 9, all in the same language but each specifically naming a different witness called by the court, stated that if the jury found such witnesses were induced to testify by promises of immunity from punishment

People v. Gocmen

2018 IL 122388 · Illinois Supreme Court · Feb 5, 2019

as an expert and must establish the effects of the drugs. … Clearly, he was incapable of driving safely, having driven his sport utility vehicle off the road while semiconscious.

Vaughn v. City of West Frankfort

166 Ill. 2d 155 · Illinois Supreme Court · May 18, 1995

The appellate court also opined that the costs of guarding against injury "clearly suggest the imposition of a duty in the pedestrian-defect type of case." ( 258 Ill.App.3d at 433-34 , 196 Ill.Dec. 591 , 630 N.E.2d 526 .) … Although we are sympathetic to plaintiff's injuries, the Illinois legislature has established a clear public policy to immunize government from the financial burdens of preventing injuries which occur as a result of unintended

People v. Carrico

310 Ill. 543 · Illinois Supreme Court · Dec 19, 1923

While the indictment in this case is unnecessarily prolix, it is clearly sufficient to sustain a conviction for murder under section 3 of the Criminal Code or a conviction for involuntary manslaughter under section 145. … Hutson at the time of his testimony had an indictment pending against him by reason of the death of Irma Miller and before testifying had been promised immunity from prosecution.

People v. Gonzalez

151 Ill. 2d 79 · Illinois Supreme Court · Sep 24, 1992

The evidence adduced at trial in this case clearly established each of these elements. … Thus Hobbs is clearly distinguishable from the instant case.

Eden Retirement Center, Inc. v. Department of Revenue

Illinois Supreme Court · Dec 2, 2004

It is the established policy of the corporation to continue to maintain such persons as residents. … This section is clearly nothing more than a rephrasing of a similar provision in the 1870 Illinois Constitution.

Wolf v. Hope

210 Ill. 50 · Illinois Supreme Court · Apr 20, 1904

An inspection of this bill clearly shows that the cause involves the Validity of a statute and a construction of the constitution. … years and until their successors are elected and qualified; that they shall qualify and "be commissioned in the same manner and be vested with the same powers and perform the same duties as circuit judges.

Kotecki v. Cyclops Welding Corp.

146 Ill. 2d 155 · Illinois Supreme Court · Feb 5, 1992

While recognizing that the Workers’ Compensation Act gives an employer immunity from tort actions by its employees, this court, in Doyle, found that there is no bar to a claim for contribution from that employer by a defendant … The potential for tort liability exists until the defense is established.” Doyle, 101 Ill. 2d at 10-11 .