Case law

In Re Chicago Flood Litigation

176 Ill. 2d 179 · Illinois Supreme Court · Feb 20, 1997

Clearly, the economic loss rule applies to losses incurred without any personal injury or property damage. Moorman, 91 Ill.2d at 82 , 61 Ill.Dec. 746 , 435 N.E.2d 443 . … I note also that the burden of establishing entitlement to immunity, as an affirmative defense, is on the City.

Citizens Valley View Co. v. Illinois Commerce Commission

28 Ill. 2d 294 · Illinois Supreme Court · May 27, 1963

The Commission’s order is considered presumptively valid and cannot be set aside unless found to be clearly unreasonable or contrary to an established rule of law. (Chicago, North Shore and Milwaukee Railroad Co. v. … The Public Utility Act itself, section 55, states that “no certificate of public convenience and necessity shall be construed as granting a monopoly or an exclusive privilege, immunity or franchise”.

In Re Alschuler

388 Ill. 492 · Illinois Supreme Court · Nov 22, 1944

He refused to answer the questions propounded to him until he was granted immunity from prosecution under the Securities and Exchange Act. … After he was granted such immunity by the general counsel of the Securities and Exchange Commission, he testified.

Prazen v. Shoop

2013 IL 115035 · Illinois Supreme Court · Nov 24, 2013

It would be profoundly unjust to uphold the forfeiture in the present case where the statute clearly lists only two conditions for forfeiture and neither was violated. … In addition, plaintiff clearly “did not enter into a personal services contract with the City.”

Aurora Fire Insurance v. Eddy

55 Ill. 213 · Illinois Supreme Court · Sep 15, 1870

The court will not disturb their finding on any question, unless it appears clearly to be unsupported. … It would certainly be evidence to that, if to no greater extent, and it was clearly admissible.

Archer Daniels Midland Co. v. Industrial Commission

138 Ill. 2d 107 · Illinois Supreme Court · Sep 26, 1990

Once a claimant shows that he is unable to perform and obtain regular and continuous employment for which he is qualified, the burden shifts to the employer, who must come forward with evidence to establish “that the employee … This evidence was clearly sufficient to satisfy the appellant’s burden.

Schlencker v. Risley

4 Ill. 483 · Illinois Supreme Court · Dec 15, 1842

In some instances the granting or refusing a motion for a new trial, is a matter of sound discretion with the judge, while in others, the question must be determined by well known and firmly established principles of law. … The jury have tried the case on its merits, and have rendered a verdict which may be clearly comprehended and easily understood, and by which no one will doubt that they intended to convey the fact to the Court, that they

Ogden Building & Loan Ass'n v. Mensch

196 Ill. 554 · Illinois Supreme Court · Apr 16, 1902

The authorities very clearly lay down the rule that evidence offered to impeach a certificate of this character must fully and clearly satisfy the court that the certificate of the officer is false and fraudulent, and even … a preponderance of evidence less than sufficient to establish a moral certainty to that effect is not sufficient.”

The PEOPLE v. Noble

42 Ill. 2d 425 · Illinois Supreme Court · May 28, 1969

While the evidence on the issue of defendant’s sanity at the time of the shooting is conflicting, it cannot be said that the State failed in its obligation to establish beyond a reasonable doubt that defendant was sane. … That argument is specious, for it is apparent from the colloquy between the court and counsel that any discussion between counsel and defendant must wait until “After he leaves the stand”— and we think that phrase clearly

Morandi v. Heiman

23 Ill. 2d 365 · Illinois Supreme Court · Nov 30, 1961

Rausa, 2 Ill.2d 421 , have applied the principle of Laird to clearly preclude the counting of uninitialled absentee ballots. … he represents himself to be a qualified elector on such election day, they shall open the envelope containing the absent voter’s ballot in such manner as not to deface or destroy the affidavit thereon, or mark or tear the

Lutkauskas v. Ricker

2015 IL 117090 · Illinois Supreme Court · Apr 27, 2015

Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2-201 (West 2010)) barred plaintiffs’ claims. ¶ 23 Lloyd’s sought dismissal of the claims against it because no recovery could be had on the … According to Lutkauskas, the language of Rule 304(a) indicates that an appeal brought under its terms is permissive, and the wording of the rule should be changed to clearly reflect that the requirements

People v. Olinger

Illinois Supreme Court · Apr 17, 1997

Stalder would receive absolute immunity on the Illinois burglary from Mr. Spencer, Mr. … Therefore, the statement does not qualify to be admitted as substantive evidence under this exception to the hearsay rule.

Forbes v. Hubbard

348 Ill. 166 · Illinois Supreme Court · Apr 23, 1932

This not only clearly appears from the undisputed testimony of all of appellee’s witnesses but from the physical facts and the history of this property. … As has been more than once announced by this and other courts, the judgment of the legislative department will not be disturbed merely because the court, if it were establishing zoning districts, would not have established

Shelby Loan & Trust Co. v. Blyman

382 Ill. 520 · Illinois Supreme Court · Mar 18, 1943

Pursuant to an order of the county court of December 30, 1937, appointing him executor, Milligan qualified and letters testamentary were issued to him. … It is established that a probate court, and, it follows, a county court when acting as a court of probate, exercises equitable powers. (Walker v. Cook, 294 Ill. 294 .)

Village of Wilsonville v. SCA Services, Inc.

86 Ill. 2d 1 · Illinois Supreme Court · May 22, 1981

Zahalsky, as recognized by the circuit court, is fully qualified in the field of biochemistry, and Dr. Hall is qualified as a chemist and toxicologist. … Clearly, this precaution has not been followed by the defendant.

Cooper v. Industrial Commission

33 Ill. 2d 477 · Illinois Supreme Court · Nov 19, 1965

Rubert as to the pathological indications thereon, qualifying his agreement only by indicating portions thereof could be due to positioning of the body. … In our judgment there existed no substantial conflict in the medical testimony, and the finding of the Commission that claimant’s proof was insufficient to establish permanent disability was rather clearly against the manifest

People v. Griffin

178 Ill. 2d 65 · Illinois Supreme Court · Sep 11, 1997

This information, read in a commonsense and realistic fashion, clearly established probable cause. Thus, defendant was not entitled to a Franks hearing. … In the present case, counsel’s performance was clearly a strategic decision.

Gray v. Agnew

95 Ill. 315 · Illinois Supreme Court · Mar 29, 1880

The rule is clearly stated by Chancellor Kent in the case of Rodriguez v. Hefferman, 5 J. Ch. … It should have been qualified by informing them that their consigning the goods to them for sale on commission would not have such an effect.

The People v. Bowen

376 Ill. 317 · Illinois Supreme Court · Apr 15, 1941

These analyses of drinking water are made by chemists or bacteriologists and not by doctors nor by any one qualified to express any medical opinion. … On the other hand, we think the evidence clearly and satisfactorily establishes that the infection did come from that person and that the record, fully considered and properly construed, shows nothing at all to indicate any

Greinke v. Chicago City Railway Co.

234 Ill. 564 · Illinois Supreme Court · Jun 18, 1908

Bundy, 210 id. 39;) but the declarations of the injured party made to a physician who has made an examination of such party with a view to qualify himself to testify as a witness, only, are not admissible. … Cox was therefore corroborative and cumulative of facts and conditions which had been clearly established by other competent evidence. In West Chicago Street Railroad Co. v.