Case law

Mahoney Grease Service, Inc. v. City of Joliet

85 Ill. App. 3d 578 · Appellate Court of Illinois · Jun 19, 1980

Based upon the common law legislative immunity, plaintiff may not successfully maintain its claim against the individual councilmen defendants. … It is also established law that the city can ratify the out-of-court compromise of litigation by the city attorney. In City of Chicago v.

Central Illinois Light Co. v. Department of Revenue

336 Ill. App. 3d 908 · Appellate Court of Illinois · Feb 7, 2003

CILCO asserted that the coal qualified as part of a pollution control facility, which is specifically exempted under the Act. … However, the administrative law judge clearly stated that her decision was not based on the regulation.

Christopherson v. Spring Valley Elementary School District

90 Ill. App. 3d 460 · Appellate Court of Illinois · Nov 26, 1980

In the letter she also explained her involvement in State and local reading council activities and described her arrangement for a well-qualified substitute. … Clearly her conduct was intentionally insubordinate, and the finding that her act of insubordination was not remediable was appropriate.

Montgomery Ward Life Insurance v. Department of Local Government Affairs

89 Ill. App. 3d 292 · Appellate Court of Illinois · Sep 26, 1980

.] ° ” e A ‘custodial account’ is established, into which the issuer deposits proceeds from the pooled mortgages and from which withdrawals may generally be made only for payments to security holders. 060 Segregation of the … On the other hand, the court held the national bank currency to be nonexempt from taxation reasoning as follows: “Clearly, no exemption in any act prior to the authority given to issue ‘national currency’ can apply, and as

Ware v. Carey

75 Ill. App. 3d 906 · Appellate Court of Illinois · Aug 27, 1979

If the Governor’s statements had been communicated to Department officials, they clearly would have been absolutely privileged. … Carey contends that his affidavit establishes an innocent construction for his press release.

In Re Estate of Offerman

153 Ill. App. 3d 299 · Appellate Court of Illinois · Mar 12, 1987

We find that the "fails to qualify" language clearly encompasses a refusal on the part of ASPCA to accept the gift. Here, the disclaimer by the ASPCA automatically triggered the gift-over provision in the will. … The "fails to qualify language" and the gift-over provision in article seven of the will clearly encompass a refusal by the ASPCA to accept the gift on the terms set forth in article six.

Caveney v. Bower

319 Ill. App. 3d 13 · Appellate Court of Illinois · Mar 2, 2001

Code and which are conducted in this State, ‘qualifying expenditures for increasing research activities in this State’ means the excess of qualifying expenditures for the taxable year in which incurred over qualifying expenditures … In this case, the legislature has amended the Act so that the research and development credit now clearly applies to shareholders of subchapter S corporations, such as the Caveneys.

Crossman v. Board of Election Commissioners

966 N.E.2d 518 · Appellate Court of Illinois · Feb 29, 2012

The Code provides that the statement of candidacy: “shall set out the address of such candidate, the office for which he is a candidate, shall state that the candidate is a qualified primary voter … of the party to which the petition relates, is qualified for the office specified and has filed a statement of economic interests as required by the Illinois Governmental Ethics Act, shall request

Gibson v. Philip Morris, Inc.

292 Ill. App. 3d 267 · Appellate Court of Illinois · Sep 24, 1997

In Beauvoir, the discussion of publication arose in the context of a qualified privilege. … We hold that where the evidence establishes actual malice, punitive damages are recoverable.

People v. Hanson

83 Ill. App. 3d 1108 · Appellate Court of Illinois · Jun 9, 1980

Outside the presence of the jury the prosecutor explained that he was attempting to establish that Millie was testifying with immunity from prosecution. The trial court ruled that such questioning was improper. … However, the State does admit that the evidence does not clearly disclose whether it was the defendant or Millie who actually took the money from Malone. Section 5 — 2(c) of the Criminal Code of 1961 (Ill. Rev.

Illinois State Bar Assoc. Mutual Insurance Co. v. Leighton Legal Group, LLC

2018 IL App (4th) 170548 · Appellate Court of Illinois · Jul 26, 2018

This Case ¶ 42 On appeal, ISBA argues that the underlying complaint clearly alleged intentional conduct that is excluded from its policy. … Plaintiffs alleged that the insured intentionally made these changes to establish a self-compensation scheme.

Vickers v. Abbott Laboratories

308 Ill. App. 3d 393 · Appellate Court of Illinois · Sep 30, 1999

Once a qualified privilege is established, as it has been in this case, a communication is only actionable if the plaintiff can show that the defendant abused the privilege. Quinn v. Jewel Food Stores, Inc., 276 Ill. … However, once a defendant has established a qualified privilege, the plaintiff must come forward with actual evidence creating an issue of fact. Recently, in Cianci v. Pettibone Corp., 298 Ill.

Cooney v. Chicago Public Schools

407 Ill. App. 3d 358 · Appellate Court of Illinois · Dec 30, 2010

Unlike the Board, All Printing is a domestic corporation and qualifies as a “person” within the meaning of the Consumer Fraud Act. See 815 ILCS 505/1(c) (West 2006). … App. 3d 573, 578-79 , 723 N.E.2d 1192 (2000) (private facts were clearly alleged); see also Phillips v. Grendahl, 312 F.3d 357 , 373 (8th Cir. 2002); Andrews v.

People ex rel. Elder v. Quilici

309 Ill. App. 466 · Appellate Court of Illinois · Apr 14, 1941

It clearly means the vacancy shall be filled “in” the regular judicial election. Upson v. Almand, 190 Ga. 376 . … The court held the establishment of the single polling place for the entire city was a mere irregularity which would not avoid , the election where no legally qualified voter was disfranchised or any disqualified voter permitted

In re Marriage of Burns

2019 IL App (2d) 180715 · Appellate Court of Illinois · Jul 25, 2019

.” ¶ 10 In addition, Heather noted that, with certain qualifiers, she generally agreed that August could take one of the children for an evaluation on possible occupational therapy. … Heather did not clearly agree to any modifications to summer parenting time or transportation/exchange locations.

Parry v. Squair

79 Ill. App. 324 · Appellate Court of Illinois · Dec 12, 1898

The stored chattels consisted of a miscellaneous lot of trade fixtures and furniture, such as are usually found in a retail drug store, and the owner thereof, who had long used it in his business, was clearly qualified to … It is only in rare cases, if ever, that the owner and user of personal property is not qualified to testify to its value.

LaSalle Bank, N.A. v. C/HCA Development Corp.

384 Ill. App. 3d 806 · Appellate Court of Illinois · Aug 4, 2008

App. 3d 562, 567-68 (2007) (since instruction was an accurate statement of the law, defendants cannot establish prejudice requiring a new trial). … The law does not say how a reasonably well-qualified doctor would act under these circumstances. The only way you can decide this question is to base your decision on the testimony from qualified witnesses.”

Rozsavolgyi v. The City of Aurora

58 N.E.3d 65 · Appellate Court of Illinois · Apr 27, 2016

Therefore, the City clearly cannot assert immunity with respect to plaintiff’s request for back pay, front pay, lost benefits, or reinstatement. See, e.g., Hertzberg v. … We agree with the City that the Tort Immunity Act clearly encompasses constitutional claims, including those brought under the Human Rights Act. 15 ¶ 114 In Birkett, we quoted this passage from section 1-204, but we rejected

McCleary v. Wells Fargo Securities, LLC

2015 IL App (1st) 141287 · Appellate Court of Illinois · May 7, 2015

A complaint “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.” Rodgers v. … If, after working for at least three months, he left defendant’s employ under certain qualifying circumstances, he would remain eligible for a pro-rata bonus from a later established bonus pool.

Garley v. Columbia LaGrange Memorial Hospital

351 Ill. App. 3d 398 · Appellate Court of Illinois · Jun 30, 2004

Once the fact of such license has been established, it lies within the sound discretion of the trial court to determine if the witness is qualified to testify as an expert regarding the standard of care.” … Instead of retreating from the license requirement, Jones clearly reaffirms that a plaintiff must satisfy both requirements.” (Emphasis in original.)