Case law

Wheaton v. Suwana

355 Ill. App. 3d 506 · Appellate Court of Illinois · Jan 11, 2005

Who Deducts and/or Pays for Insurance, Social Security, and Taxes The evidence in this case clearly established that insurance, social security, and taxes were all either funded or deducted by Union County Hospital on behalf … Additionally, the court noted that immunity from suit that arises from the expiration of a statute of limitation is a valuable substantive right.

Bell Leasing Brokerage v. Roger Auto Service

Appellate Court of Illinois · Mar 30, 2007

(West 2004)), it was not entitled to the limited immunity conferred by the Code. … The evidence at trial established that Roger’s Towing, through its employee, misrepresented the amount of money required to recover the van.

Chem-Pac, Inc. v. Simborg

145 Ill. App. 3d 520 · Appellate Court of Illinois · Jun 17, 1986

Defendants also claim that Joseph Ray Manz was not qualified to testify about damages. Whether one is qualified to testify as an expert witness is a determination that is within the discretion of the trial court. … Clearly, this is not the intent of the rule. In Exchange National Bank v. DeGraff (1982), 110 Ill.

Lythell v. City of Waverly

335 Ill. App. 397 · Appellate Court of Illinois · Oct 29, 1948

The testimony set out indicates clearly that this area was used for the general welfare of the pub-lie, and owned and controlled by the City in its governmental capacity. … Under the established decisions of this” State, the City is not liable. In view of our decision on this issue, it is unnecesr sary to consider the other errors assigned.

Travaglini v. Ingalls Health System

396 Ill. App. 3d 387 · Appellate Court of Illinois · Nov 24, 2009

BACKGROUND The following facts were established at trial. … In fact, the jury clearly concluded that the decedent was not monitored while he was eating, despite a history of choking while eating.

People v. $207,766 United States Currency

312 Ill. App. 3d 454 · Appellate Court of Illinois · Mar 27, 2000

Section 12 clearly applies in only very limited circumstances. … The documents executed by Aquino clearly establish that the funds were subject to forfeiture.

McGownd v. Illinois-American Water Company

2026 IL App (4th) 250332-U · Appellate Court of Illinois · Feb 13, 2026

Section 3-104 clearly immunizes the City from liability based upon such allegations. … The statutory language is not qualified, containing “no exception for willful and wanton misconduct.” Id.

In re Marriage of Sieck

78 Ill. App. 3d 204 · Appellate Court of Illinois · Oct 30, 1979

He believed that he was emotionally qualified to care for his children and give them necessary stability as well as parental love. … Jack Arbit, was clearly without foundation or basis.

Letourneau v. Department of Registration & Education

212 Ill. App. 3d 717 · Appellate Court of Illinois · Apr 3, 1991

So there clearly is no evidence to support the finding *** that Letourneau has lived in Florida since 1980.” … Raymond Rocke, testifying under a grant of immunity, said he had performed security work for the company under Rizzo as “boss.”

Bloomfield v. Retail Credit Co.

14 Ill. App. 3d 158 · Appellate Court of Illinois · Aug 3, 1973

In reversing, however, the court stated that in a case of qualified privilege, damages are not presumed. … Clearly, their actions led the jury to conclude that the qualified privilege of publication had been abused, thus warranting a finding that defendant had acted without a reasonable belief in the truth of the reports or was

The Raymond W. Pontarelli Trust v. Pontarelli

2015 IL App (1st) 133138 · Appellate Court of Illinois · May 7, 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

Collins v. Retirement Board of the Policemen's Annuity & Benefit Fund

407 Ill. App. 3d 979 · Appellate Court of Illinois · Feb 10, 2011

a civilian employee, did not qualify for credit as prior other service. … of law as applied to the established facts is or is not violated.

Villarreal v. Village of Schaumburg

325 Ill. App. 3d 1157 · Appellate Court of Illinois · Oct 19, 2001

It is well established that in order to qualify for the issuance of a writ of mandamus, the following requirements must be met: a plaintiff must show a clear, affirmative right to the requested relief, a clear duty of the … In the context of the Act, the mere fact that plaintiff currently cannot perform the duties of a police officer does not qualify his injury as “catastrophic.” B.

Metropolitan Water Reclamation District v. Civil Service Board of the Metropolitan Water Reclamation District

358 Ill. App. 3d 347 · Appellate Court of Illinois · Mar 1, 2005

The list comprised three categories: category A (exceptionally well qualified), category B (well qualified), and category C (qualified). Wysocki placed in category “C.” … An employee’s ranking on a certified eligible list created from the results of a competitive promotional examination establishes the employee’s ability to perform the job.

Rudd v. The Lake County Electoral Board

2016 IL App (2d) 160649 · Appellate Court of Illinois · Oct 21, 2016

The relevant portion of the statute makes this plain enough: “A person *** who filed a statement of candidacy for a partisan office as a qualified primary voter of an established political … All statutes carry a strong presumption of constitutionality, and to overcome the presumption, the party challenging the statute must clearly establish that it violates the constitution. Bridges v.

Laffoon v. Bell & Zoller Coal Co.

27 Ill. App. 3d 472 · Appellate Court of Illinois · Mar 21, 1975

Industrial Com., 57 Ill.2d 113 , our supreme court reiterated the established principle of law that a contract of employment cannot exist without the consent of both parties, saying at page 119: "It is not possible for a … Clearly, the legislature did not intend to give "statutory employers" a bonus by virtue of section 1(a)(3) as the majority holds. The interpretation invites total emasculation of the Structural Work Act.

Lubowsky v. Skokie Valley Community Hospital

79 Ill. App. 3d 909 · Appellate Court of Illinois · Dec 26, 1979

With respect to the first point, the University argues that the rule of law is long established and well recognized which considers a judgment entered by consent to be an agreement by the parties which cannot be vacated on … 1977, ch. 110, par. 72), as was done in the present case, the court having stated: “Before the enactment of this provision, consent decrees could be collaterally attacked only through bills of review and were specifically immune

Anderson v. First American Group of Cos. Modified on Denial of Rehearing - replaces opinion filed 9/27/04

Appellate Court of Illinois · Nov 8, 2004

of law as applied to the established facts is or is not violated. … We believe that plaintiff qualifies as an “employee” under the Fee Act.

People v. M.N.

309 Ill. App. 3d 996 · Appellate Court of Illinois · Dec 10, 1999

Regarding the children’s immunizations, Dr. Nielsen testified that the children had not received them “according to schedule.” … Nielsen told them that she was not a specialist and was not qualified to make any judgments about I.’s need for follow-up care.

A.B.A.T.E. of Illinois, Inc. v. Giannoulias

Appellate Court of Illinois · May 3, 2010

Kentucky's supreme court found the legislature did not have this power because the funds were "clearly private funds." (Emphasis omitted.) Thompson, 710 S.W.2d at 857. … (They also add that sovereign immunity might prevent a beneficiary from enforcing the trust. Sovereign immunity does not prevent us, however, from assessing the consti- tutionality of a statute.) 2 A. Scott, M.