Case law

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.

Cress v. Recreation Services, Inc.

341 Ill. App. 3d 149 · Appellate Court of Illinois · Jul 7, 2003

An “employee welfare benefit plan” is: “any plan, fund, or program *** established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or … These clearly are allegations that Donovan harmed RSI.

West Side Organization Health Services Corp. v. Thompson

73 Ill. App. 3d 179 · Appellate Court of Illinois · May 31, 1979

However, defendants contend that because WSO has no guarantee that it would have received the *100,000 withheld, it cannot establish any concrete injury resulting from defendants’ refusal to expend that money. … A well-recognized exception to the statutory bar of sovereign immunity under the Court of Claims Act (Ill. Rev.

Metzger v. Brotman

455 Ill. Dec. 350 · Appellate Court of Illinois · Aug 27, 2021

He maintained that the complaint pleaded facts that established each element of fraud on the court: (1) defendants were officers of the court; (2) their conduct was directed to the “judicial machinery” itself … notice of the hearing board’s disposition report, and we decline to strike the statement of facts in defendants’ brief. ¶ 31 Further and contrary to plaintiff’s assertions, allegations in a complaint do not qualify

McDonald v. Chicago Daily News Publishing Co.

252 Ill. App. 61 · Appellate Court of Illinois · Feb 27, 1929

This is an action of libel in which the declaration of one count charges as the gravamen of the offense that at the time of the publication the plaintiff was a duly licensed and qualified attorney at law, and also a “special … He could not be financially damaged because there is no law establishing such office or providing for any emolument therein, The article counted upon in the declaration is not lihelous per se, and to maintain an action for

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.

People v. McGath

2017 IL App (4th) 150608 · Appellate Court of Illinois · Oct 20, 2017

And if Your Honor does allow her to use that right, the State would probably pursue some kind of immunity, either use or qualified immunity for her. … To establish a claim of ineffective assistance of counsel, a defendant has the burden to show that his contention satisfies the two-pronged test under Strickland v.

Thornton Fractional High School District No. 215 v. Illinois Educational Labor Relations Board

Appellate Court of Illinois · Sep 30, 2010

Taylor was chosen because she was the most qualified applicant. … The decision of the IELRB was clearly erroneous on this issue. There was no history of past practice to establish a status quo here.

Nelson v. Union Wire Rope Corp.

39 Ill. App. 2d 73 · Appellate Court of Illinois · Jan 30, 1963

Fault on the part of Auchter is not an ultimate issue in this case. * It is the contention of Archer, however, that the record clearly establishes that Auchter failer to assemble the hoist as directed by Archer’s blueprints … It overlooks, in our opinion, the reason behind the established rule, the reverse of which would not necessarily follow.

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.

Sardiga v. Northern Trust Co.

409 Ill. App. 3d 56 · Appellate Court of Illinois · Mar 15, 2011

In order to prevail under the Act, it is the plaintiff who must establish that his employer retaliated against him for his refusal to participate in a qualifying activity. 740 ILCS 174/20 (West 2004). … The record does not clearly establish that Hines misrepresented or concealed material facts or that he knew at the time he made the representations that they were untrue.

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.

O'Donnell v. Bailey & Associates Counseling & Psychotherapy LLC

240 N.E.3d 626 · Appellate Court of Illinois · Dec 22, 2023

A physician’s duty is to exercise the same degree of knowledge, skill, and care which a reasonably well qualified physician in the same or similar community would use under similar circumstances.” Id. … Hess, 111 Ill. 2d 229, 240-41 (1986)), or (2) establishing that a lack of evidence will prevent the plaintiff from proving an essential element of the cause of action (CZ Driving Horses, Inc. v.

Penman v. Board of Trustees of Illinois Eastern Community Colleges

94 Ill. App. 3d 139 · Appellate Court of Illinois · Mar 3, 1981

However, being classified as a full-time teacher or administrator, according to section 3 — 32, only qualifies the individual as a teacher or administrator for tenure consideration under whatever policy the board may establish … Illinois law clearly establishes that only a full-time teacher may qualify for contractual continued service. (Edwards v. Board of Education (1980), 84 Ill. App. 3d 374,376 , 405 N.E.2d 478,480 .)

Bloomgren v. Fire Insurance Exchange

162 Ill. App. 3d 594 · Appellate Court of Illinois · Dec 22, 1987

was qualified as an expert to give such an opinion. … At trial, the plaintiff did not qualify Leland Pendergrass as an expert witness before he testified.

Franks v. Tucker

132 Ill. App. 3d 455 · Appellate Court of Illinois · Mar 29, 1985

However, the order entered in plaintiff Mead’s case clearly lacks sufficient indicia of finality for us to have appellate jurisdiction. … Accordingly, under the previously cited authorities, the present lawsuits are not actions against the State which are barred by sovereign immunity.

IOS Capital, Inc. v. Phoenix Printing, Inc.

348 Ill. App. 3d 366 · Appellate Court of Illinois · Apr 22, 2004

“Accordingly, in most instances, the law immunizes corporate officers from corporate liabilities and debts.” People ex rel. Madigan v. Tang, 346 Ill. App. 3d 277, 284 (2004). … Those cases cited by [the plaintiff] in support of its conversion argument are clearly distinguishable on their facts from the present case.

St. Joseph's Clinton County Hospital, Inc. v. Kampwerth

93 Ill. App. 3d 435 · Appellate Court of Illinois · Feb 24, 1981

The burden on the residue rule is an established part of Illinois estate law. … Each rule of allocation has its advantages, and we cannot say that equitable apportionment is so clearly superior that it warrants implementation by means of judicial decision. Finally, St.

Jensen Sound Laboratories v. Long

113 Ill. App. 3d 331 · Appellate Court of Illinois · Mar 16, 1983

In order to establish open-account credit with the plaintiff, Kingsberry Homes, the defendants executed a personal guarantee to the plaintiff. … The court based its decision on the personal guarantee executed by the defendants, finding that “it [was clearly] the intent of the parties to exchange an open account status in return for a pledge of individual responsibility

Burnett v. Donath

127 Ill. App. 3d 131 · Appellate Court of Illinois · Aug 30, 1984

that opinion which the trial court had used in dismissing the original complaint: “[I]t would be entirely reasonable for the city to have believed that it fulfilled its duty to maintain a safe intersection by providing the clearly … App. 332 ), which is codified in section 3—104(b) of the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev.