Case law

People Ex Rel. Radium Dial Co. v. Ryan

371 Ill. 597 · Illinois Supreme Court · Jun 15, 1939

This is clearly pointed out in Nega v. … The employer, on the other hand, by the terms of the statute, can calculate in advance the approximate measure of payment to the employee, based upon the compensatipn he is receiving, is immune from suits at law and makes

Sepmeyer v. Holman

162 Ill. 2d 249 · Illinois Supreme Court · Oct 27, 1994

Instead, this court declared that ''[t]he immunity from suit which arises by operation of the Statute of Limitations is as valuable a right as the right to bring the suit itself.” (Blodgett, 155 Ill. at 449 .) … While we express sympathy for plaintiff in this case, our duty is to adhere to our clearly established precedent.

Superior Coal Co. v. Department of Revenue

4 Ill. 2d 459 · Illinois Supreme Court · Dec 20, 1954

Thus, it would appear to us that even if the evidence in this case clearly established that the title to the purchased coal did not pass until such time as the coal reached its destination, it is nonetheless conceivable that … Coal Company case and this case, such distinctions are not sufficient so as to change the legal consequences of the actions by and between the parties from a transaction wholly intrastate to one that is clothed with the immunity

Bourland v. Snyder

224 Ill. 478 · Illinois Supreme Court · Dec 22, 1906

, did not contain the requisite number of qualified petitioners to give the board jurisdiction of the matter, and that therefore jurisdiction was lacking in the board, composed of the county superintendents of the respective … The power given by clause i of section 47 to divide a district clearly conferred authority to erect the divided part or parts into separate, complete districts, otherwise a portion of the district so divided would be without

People ex rel. Dinneen v. Bradford

267 Ill. 486 · Illinois Supreme Court · Apr 22, 1915

This power, however, has not been delegated to the other commissioners or the council but has been expressly reserved to the electors themselves, and under the well established rule that the express mention of one thing is … The express designation of the officers and employees which the council may remove and the express exemption of the commissioners from such class also clearly show that the power of removal of duly elected commissioners was

Latham v. Board of Education

31 Ill. 2d 178 · Illinois Supreme Court · Jul 3, 1964

considering the validity of a legislative classification there is always a presumption that the General Assembly acted • conscientiously, and this court will not interfere with its judgment except where the classification is clearly … When referring to legislation the term ‘local’ means laws relating to a portion, only, of the territory of the State, and the term ‘special,’ laws which impose a particular burden or confer a special right, privilege or immunity

Kenney v. Supreme Lodge of the World, Loyal Order of Moose

285 Ill. 188 · Illinois Supreme Court · Oct 21, 1918

provisions contained in the statute did not contravene the full faith and credit clause of the Federal constitution or the provision of the Federal constitution entitling the citizens of each State to all the privileges and immunities … These cases clearly distinguish between a defense which is directed to the jurisdiction of the court in which suit is brought on a judgment and a defense which goes to the merits of the original action.

Miller v. Davidson

8 Ill. 518 · Illinois Supreme Court · Dec 15, 1846

This, however, is not out of regard to the one who claims immunity from having violated the law, but it is because he who complains is equally guilty. In the case of Holman v. … Here, then, we see, that although a trust may be created in violation, and clearly in fraud of the law, still the trustee shall not be permitted to hold the trust estate discharged of the trust, although the cestui que trust

Gustafson v. Consumers Sales Agency, Inc.

414 Ill. 235 · Illinois Supreme Court · Jan 22, 1953

The extent to which section 42(3) has expanded the common-law concept of “aider by verdict,” when applied to objections to pleadings interposed for the first time on appeal, has not been clearly established. … states an established category of liability.

Andrews v. Kowa Printing Corp.

Illinois Supreme Court · Oct 20, 2005

Clearly, it is this section, and not section 2, that defines who, other than the employer itself, may be treated as an “employer” for purposes of the Wage Act. … Kowa clearly is an “employer” under section 13 of the Act, because the trial court found that the evidence in the case established that he is the owner and principal shareholder in Kowa Printing Group, Inc., makes all corporate

The People v. Capoldi

10 Ill. 2d 261 · Illinois Supreme Court · Jan 24, 1957

The fact that they were committed prior to the effective date of the act does not establish a violation of constitutional guaranties. … This testimony was clearly inadmissible as hearsay and should have been excluded. (People v. Williams, 337 Ill. 371 ; People v. Anderson, 337 Ill. 310 ; People v. Baker, 290 Ill. 349 .)

Price v. Philip Morris, Inc.

219 Ill. 2d 182 · Illinois Supreme Court · May 5, 2006

While not condemning the use of agency adjudicative proceedings to establish agency policy, the court’s own quotations clearly evince an FTC preference for formal rulemaking. 219 Ill. 2d at 254-56. … This would mean that the defrauding defendant has successfully accomplished his fraud and is still immune from an action in deceit.

Schuman v. Chicago Transit Authority

407 Ill. 313 · Illinois Supreme Court · Nov 27, 1950

Section 22 of article IV of our constitution prohibits the General Assembly from passing any local or special law granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise … Unless the legislative action is clearly unreasonable and there is no legitimate reason for the law which would not require with equal force its extension to others whom it leaves untouched, the courts do not interfere with

Nowak v. St. Rita High School

197 Ill. 2d 381 · Illinois Supreme Court · Sep 20, 2001

Application of the doctrine of collateral estoppel must be narrowly tailored to fit the precise facts and issues that were clearly determined in the prior judgment. Kessinger v. … Rita’s was clearly related to his medical condition. Defendant knew that from regular contacts with plaintiff. Defendant acknowledged in a letter that plaintiff was on sick leave.

Guykowski v. People

2 Ill. 476 · Illinois Supreme Court · Dec 15, 1838

principle of criminal law, or rule of proceeding, has been clearly violated. … From this section there can be no doubt whatever, that an alien is not qualified to serve as a juror in any case.

Chicago & Eastern Illinois Railroad v. Zapp

209 Ill. 339 · Illinois Supreme Court · Apr 20, 1904

The mere fact the data were first placed upon the loose sheet or paper or blank form does not necessarily establish that it constituted the record. … Counsel for the appellant do not now urge that the court erred in marking the instruction “refused. ” It was clearly erroneous and ought not to have been given.

Pierce v. People

106 Ill. 11 · Illinois Supreme Court · Mar 29, 1883

This proposition is so clearly settled by the authorities, it can no longer be regarded as an open question. … If he was not the agent, and did not aid. the insurance company in violation of the statute, which I am satisfied the evidence fails to establish, the judgment ought to be reversed.

Cripe v. Leiter

184 Ill. 2d 185 · Illinois Supreme Court · Oct 22, 1998

The plaintiff need not establish any intent to deceive on the part of the defendant because even an innocent misrepresentation may be actionable under the Act. Smith v. Prime Cable, 276 Ill. App. 3d 843, 856 (1995). … The court found that the supreme court’s professional conduct committee qualified as a regulatory board within the meaning of that exemption.

Harms v. Wuerth

396 Ill. 73 · Illinois Supreme Court · Jan 22, 1947

The ordinance is also clearly in violation of section 29 of article VI of the constitution of Illinois, which provides: “All judicial officers shall be commissioned by the governor. … It will readily be observed the purpose of this provision of the constitution is to establish uniformity of proceedings of courts of the same class or grade.

In re Marriage of Zamudio

2019 IL 124676 · Illinois Supreme Court · Nov 21, 2019

service credit for a period of up to 4 years spent in active military service for which he does not qualify for credit under Section 14-105,[1] provided that (1) he was not dishonorably discharged … Thus, the Pension Code clearly differentiates between regular service and permissive service credit.