Case law

Chaney Ex Rel. Chaney v. Yetter Mfg. Co.

315 Ill. App. 3d 823 · Appellate Court of Illinois · Aug 16, 2000

Clearly, Genie qualifies as a “loaning employer” under the Act. The issue in this case is whether Chaney’s status as a loaned employee was properly decided as a matter of law. … By designating temporary employment agencies as “loaning employers,” the Act merely establishes another party from whom the employee can seek workers’ compensation recovery. 820 ILCS 305/l(a)(4) (West 1996) (establishing

Bennetto v. Department of Public Aid

194 Ill. App. 3d 1 · Appellate Court of Illinois · Jan 12, 1990

Clearly, the spirit of the law is that IDEA personnel should render whatever assistance is necessary to a qualified applicant so that benefits available to that person are not withheld or denied because of the applicant’s … The Act at section 203 changed the requirements to establish residence under color of law.

Lane v. City of Harvey

178 Ill. App. 3d 270 · Appellate Court of Illinois · Dec 27, 1988

The plaintiff also contends that the trial court erred in finding that his complaint had failed to sufficiently allege the “special duty” exception to immunity for public employees. … Clearly the City was not responsible for the circumstances that caused the injury to plaintiff, nor was a police officer in the vicinity when the injury occurred.

Byrd v. Lawrence Correctional Warden

2026 IL App (5th) 250071-U · Appellate Court of Illinois · Feb 2, 2026

¶7 The plaintiff responded to the motion to dismiss, stating that qualified immunity did not apply and that he should be able to receive money damages. … Moreover, it is well 4 established that appellate courts “ ‘are entitled to have the issues clearly defined, [and] to be cited pertinent authorities.’ ” Northwestern Memorial

Urbasek v. People

76 Ill. App. 2d 375 · Appellate Court of Illinois · Oct 31, 1966

Inferences must give way when in conflict with facts established by positive proof.” … Not only must the offense be clearly proved, but it must be proved, according to the weight of authority, by good and competent evidence with true probative value ....

Lalvani v. ILLINOIS HUMAN RIGHTS COM'N

324 Ill. App. 3d 774 · Appellate Court of Illinois · Jul 31, 2001

Barbano is clearly distinguishable from the case at bar. … Here, the evidence clearly supports the existence of legitimate, nondiscriminatory reasons for the hospital’s decision, including the hospital’s stated reason that Lalvani was less qualified than Simms.

Ray Dancer, Inc. v. D M C Corp.

230 Ill. App. 3d 40 · Appellate Court of Illinois · Jun 5, 1992

Clearly, the settlement agreement entered into between DMC and Leisure in the New York litigation is not itself an exclusive-dealing agreement. … In fact, the parties’ settlement agreement expressly allowing Leisure to sell a competitive line of floss is qualified by certain restrictions on banding and colors.

Nichols v. Fahrenkamp

113 N.E.3d 1183 · Appellate Court of Illinois · Jul 9, 2018

¶ 23 As noted in the majority opinion, while alluding to both qualified and absolute immunity of attorney Fahrenkamp, as plaintiff’s guardian ad litem, the majority concludes that attorney Fahrenkamp is not entitled … ¶ 25 The majority’s disposition denying any form of immunity, absolute or quasi-qualified, runs counter to sound authority and reads Vlastelica v. Brend, 2011 IL App (1st) 102587, too narrowly.

Kadlec v. Department of Public Aid

155 Ill. App. 3d 384 · Appellate Court of Illinois · Apr 28, 1987

Until recently, the doctrine of sovereign immunity had absolutely barred our courts from awarding costs against the State. … Clearly, these two acts are similar exceptions to the clause “any law of the State of Illinois, or upon any regulation thereunder.”

The Raymond W. Pontarelli Trust v. Pontarelli

2015 IL App (1st) 133138 · Appellate Court of Illinois · Aug 19, 2015

The first two orders do not qualify as injunctions and, therefore, are not appealable. The third order does not purport to finally resolve any issue and is likewise not ripe for appeal. … BDO Seidman, LLP, 2012 IL App (4th) 120359, ¶ 48. ¶ 22 “A person establishing a trust may specify in the instrument the rights, powers, duties, limitations and immunities applicable to the trustee, beneficiary

In re Estate of Bennoon

2014 IL App (1st) 122224 · Appellate Court of Illinois · Aug 11, 2014

Semenova did not qualify as an expert witness on genealogy. … Semenova was not qualified to testify as an expert witness in genealogy.

In Re Nitz

250 Ill. Dec. 632 · Appellate Court of Illinois · Oct 26, 2000

Both the settlement agreement and the uniform qualified assignment utilize the qualified assignment language of section 130(c)(2)(B) of the Internal Revenue Code. 26 U.S.C. § 130 (c)(2)(B) (1994). … Clearly, the provisions were bargained for and cannot be simply discarded or waived.” Henderson, 308 Ill. App. 3d at 551-52 . But see Powless, 315 Ill.

CitiMortgage, Inc. v. Johnson

993 N.E.2d 563 · Appellate Court of Illinois · Jul 26, 2013

Given that the purpose of the HAMP is to assist borrowers in maintaining their properties, proceeding to sale in violation of a guideline that mandates that a servicer “must suspend the sale” is clearly the … The proper course is for a servicer such as plaintiff to define in its internal policy what qualifies as a change in circumstance, and, if it receives a successive application that does not qualify due to a

JB4 Air, LLC. v. Department of Revenue

388 Ill. App. 3d 970 · Appellate Court of Illinois · Mar 10, 2009

In April 2001, Bell established his primary residence in Illinois, and the airplane was relocated to Du Page Airport. Since then, the airplane has been hangared and flown in and out of Du Page Airport. … We review the agency’s ultimate conclusion (applying section 3 — 70 to the facts), that JB4 did not qualify for the section 3 — 70 exemption for individuals, using the clearly-erroneous standard of review.

Glynn v. Department of Corrections

2023 IL App (1st) 211657 · Appellate Court of Illinois · Mar 2, 2023

The court noted that the language of section 7(1)(e) was “quite broad” and not qualified. … The court also found that Diers’s affidavit established that viewing the footage would reveal the range of the security cameras in the dayroom and dorm 7 and thus expose the cameras’ blind spots, thereby establishing that

In Re Marriage of Norfleet

243 Ill. App. 3d 925 · Appellate Court of Illinois · Apr 22, 1993

is a “qualified” one as defined in the 1984 REA. … We emphasize not all retirement plans are “qualified.” Jim’s 401(k) was qualified.

People v. Miller

128 Ill. App. 3d 574 · Appellate Court of Illinois · Nov 1, 1984

With respect to defendant’s first argument, the record contains sufficient evidence to establish a prima facie case of a conspiracy between Dugan and defendant. … Rather, the phrase, “the one you call your bets into,” was clearly referring to an ongoing and present relationship between Agent Sandusky and defendant, of which Dugan was obviously aware.

People v. Shaw-Sodaro

238 N.E.3d 1202 · Appellate Court of Illinois · Nov 22, 2023

The ages of both defendant and A.R. were clearly established, leaving the question of whether an act of sexual conduct was committed as the central issue in the case. … ¶ 34 We find that defendant has failed to establish second-prong plain error.

Smith v. West Suburban Medical Center

Appellate Court of Illinois · Jan 21, 2010

(West 2006)), he was immune from liability under various provisions of that statute. Also on May 1, 2007, Triton filed its answer to count I of Smith’s complaint. … In construing a contract, this court is guided by the following well-established principles. When interpreting a contract, a court’s objective is to ascertain and give effect to the intent of the parties. Carey v.

People v. Daniels

2025 IL App (1st) 230823 · Appellate Court of Illinois · Feb 7, 2025

¶ 27 A person raising a constitutional challenge to a statute carries the heavy burden of rebutting the strong judicial presumption that statutes are constitutional and must clearly establish that the statute violates … Because defendant’s age at the time of his qualifying convictions is already established in the record, his as-applied challenge is reviewable on appeal. People v. Martin, 2018 IL App (1st) 152249, ¶¶ 12-13.