Case law

Goral v. Kulys

21 N.E.3d 64 · Appellate Court of Illinois · Oct 30, 2014

Whether Defendant's Acts Were in Furtherance of His Political Rights ¶ 36 The parties agree that the first prong is established in this case. … We conclude that defendant has met his burden with respect to the second prong of immunity under the Act.

In Re Marriage of Kehoe and Farkas

359 Ill. Dec. 477 · Appellate Court of Illinois · Mar 16, 2012

The parties clearly agreed upon a formula for calculating the pension apportionment during the time of dissolution. … These differences clearly demonstrate that the judgment in the case at bar was not "silent" in regard to the method of pension apportionment.

Maun v. Department of Professional Regulation

299 Ill. App. 3d 388 · Appellate Court of Illinois · Nov 6, 1998

The party challenging the statute bears the burden of “clearly establishing that the statute is unconstitutional.” Rehg v. … On this evidence, an opposite conclusion is not “clearly evident.”

Disabato v. Board of Trustees of the State Employees' Retirement System

285 Ill. App. 3d 827 · Appellate Court of Illinois · Dec 4, 1996

The legislature clearly made a decision to reward the service of those officers who remain on the force. … Thompson, 108 Ill. 2d 357, 371, 483 N.E.2d 1245 (1985)), in this instance the recruitment and retention of qualified and experienced State police officers.

Cress v. Recreation Services, Inc. Replaces opinion filed 1/28/03

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.

Commonwealth Edison Co. v. Pollution Control Board

127 Ill. App. 3d 446 · Appellate Court of Illinois · Sep 6, 1984

The petitioners assert that only the IPCB can establish environmental control standards. We cannot agree that the rules enumerated delegate to the IEPA the authority to establish such standards. … Clearly, by referring to the Federal appendices, those provisions become a part of the Illinois regulatory structure.

Toftoy v. Rosenwinkel

356 Ill. Dec. 267 · Appellate Court of Illinois · Nov 17, 2011

We conclude that they did not and that, therefore, the Act's immunity provision is not triggered. … If the legislature intended to condition the Act's qualified immunity on alterations in the "character" of the surrounding area, and not on "any" changed conditions in the surrounding area, it could have expressed such an

People v. Parker

2019 IL App (3d) 160455 · Appellate Court of Illinois · Aug 12, 2019

The rules of evidence clearly show that this is not the case. ¶ 46 Foundation “is ‘evidence or testimony that establishes the admissibility of other evidence.’ ” People v. … There is no rule or statute mandating that such a foundation be established prior to trial, or that a witness be ruled qualified in a pretrial order.

People ex rel. Nelson v. Citizens Trust & Savings Bank

272 Ill. App. 444 · Appellate Court of Illinois · Nov 21, 1933

its constitutionality.’ ” The reply brief indicates clearly that appellant now realizes the importance of the Trust Companies Act in the determination of this appeal. … The words “or deposit as hereinbefore provided,” and also the words “such deposit,” used in section 8, clearly relate to the term “deposit” in section 2.

Corwin v. Abbott Laboratories

Appellate Court of Illinois · Dec 6, 2004

Abbott received immunity for its cooperation in the federal investigation. TAP pleaded guilty to the federal charge of conspiracy and paid $875 million in fines and penalties. … The record does not indicate that an opposite conclusion is clearly evident. Thus, we cannot say that the trial court's finding of a proper purpose is against the manifest weight of the evidence.

Mason v. Peabody Coal Co.

320 Ill. App. 350 · Appellate Court of Illinois · Oct 25, 1943

It is also equally established that the owner of the surface may, either in the deed conveying the mineral rights or by separate contract, agree to waive and release all damages caused by the loss of subjacent support. … Instead of specifying particular damages and injuries, it purports to give a general release of “all” claims, and the general character of the language used is not in any way qualified or' restricted by any other language

Brooks v. Daley

390 Ill. Dec. 838 · Appellate Court of Illinois · Mar 18, 2015

¶ 23 Brooks’ final argument on this point is that our interpretation of the statute turns the qualified immunity provided under section 2-201 into sovereign immunity, creating a state where “the … ¶ 26 Defendants argue that such conduct is immunized because cases establish that hiring and firing decisions are considered both determinations of policy and exercises of discretion.

Bier v. Leanna Lakeside Property Ass'n

305 Ill. App. 3d 45 · Appellate Court of Illinois · May 19, 1999

The court found that a violation of that statute was not clearly established and that the alleged violation was not the proximate cause of the plaintiffs injury. … Thus, the immunity afforded by the Act does not apply.

Newberry v. Bowen

26 Ill. App. 645 · Appellate Court of Illinois · May 31, 1888

and have the same jurisdiction as other justices of the peace, and hold his office for four years, and until his successor is elected and qualified.” … This clearly was the view taken by the Legislature in passing the statute above quoted in relation to the election of police magistrates in villages organized under the general law, where is provided that such magistrates

Ward v. Illiopolis Food Lockers, Inc.

9 Ill. App. 2d 129 · Appellate Court of Illinois · Mar 12, 1956

And the court, in that case further said: “The principle to be derived from these authorities is that the unlimited and undisturbed enjoyment which one is entitled to have of his own property must be qualified to this extent … Nelson, it was “better than average” as to such establishments in Illinois.

Church v. State

251 Ill. App. 3d 942 · Appellate Court of Illinois · Nov 15, 1993

Church demonstrates an acceptable level of expertise to qualify to sit for the examination.” … Clearly, the legislature intended the Department to consider such factors. Second, the agency did not fail to consider an important aspect of the problem. The Department considered all of the experience presented to it.

Duvall v. Laidlaw

141 Ill. App. 3d 717 · Appellate Court of Illinois · Mar 13, 1986

Laidlaw’s own deposition testimony satisfactorily establishes a material issue of fact regarding his treatment of the plaintiff. … This factual dispute is peculiarly suited for determination at trial, and summary judgment was clearly inappropriate.

METRO. WATER RECLAMATION v. Civil Serv. Bd.

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. IV.

Leone v. Division of Professional Regulation of the Department of Financial & Professional Regulation

2024 IL App (4th) 220753 · Appellate Court of Illinois · Dec 10, 2024

To qualify for payment under this code, direct one-on-one contact between the provider and patient was required. … Our review of the record establishes that the findings of fact - 22 - are supported by the evidence and that the ultimate decision was not clearly erroneous.

Christman v. Board of Education

347 Ill. App. 324 · Appellate Court of Illinois · Jun 10, 1952

The complaint substantially charges that plaintiffs are residents of defendant district and are parents of a son, Thomas, who has been deaf since his birth, August 29,1942, and who qualifies as a physically-handicapped child … first two years no arrangements of any kind were made with the school officials who had no opportunity of obtaining state aid nor of making adequate provision in the school budget and tax levy by reason of which plaintiffs clearly