Case law

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

Vickers v. Abbott Laboratories

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.

Morris v. Department of Professional Regulation

356 Ill. App. 3d 83 · Appellate Court of Illinois · Feb 18, 2005

impression whose resolution was not clearly foreshadowed. … The Cryns decision did not establish a new principle of law, as it neither overruled any clear past precedent, nor did it decide an issue of first impression whose resolution was not clearly foreshadowed.

City of Monmouth v. Galesburg Printing & Publishing Co.

144 Ill. App. 3d 224 · Appellate Court of Illinois · Jun 17, 1986

Defendants, on the other hand, argue that paragraph (b) contains a general requirement that information entitled to exemption must be a clearly unwarranted invasion of personal privacy and that this general requirement qualifies … For example, where an informant’s life could be endangered by revealing his or her identity, the city would be able to establish a justifiable right to privacy.

Alicio Medical Center v. Illinois Dept. of Revenue

Appellate Court of Illinois · Sep 30, 1998

Alivio has an established policy for billing. All new patients are referred to the financial evaluator for assessment of their capabilities to pay. … Clearly, there was profit from this enterprise, and according to the standard set in German Hospital , a charitable hospital does not make a profit. Thus, Alivio does not meet this standard.

Gage v. City of Chicago

2 Ill. App. 332 · Appellate Court of Illinois · Oct 15, 1878

Metamora, 78 Ill. 394 , has clearly settled the law the same way in this State. … and qualify to the bond.”

In re Petition to Disconnect Certain Territory From the Village of Campton Hills, Kane County, Illinois

Appellate Court of Illinois · Oct 15, 2008

Clearly, section 7--3--1 is not limited to single parcels. … We will not disturb the trial court's finding that petitioners established the statutory requirements for disconnection unless the finding is clearly -18- Nos. 2--08-

Long v. Retirement Board of Firemen's Annuity & Benefit Fund

391 Ill. App. 3d 681 · Appellate Court of Illinois · May 15, 2009

Questions of law are reviewed de novo, and mixed questions of law and fact are reviewed under the clearly erroneous standard. Marconi, 225 Ill. 2d at 532 . A. … impression the resolution of which was not clearly foreshadowed.

Rosales v. Verson Allsteel Press Co.

41 Ill. App. 3d 787 · Appellate Court of Illinois · Aug 16, 1976

The Act established a system of liability without fault and abrogated the common law defenses of contributory negligence, assumption of risk and fellow servant. … The inapplicability of Duprey to the case at bar is clearly shown by Williams v. State Compensation Ins. Fund (1975), 50 Cal. App. 3d 116 , 123 Cal. Rptr. 812 , hearing denied.

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.

People v. Algarin

200 Ill. App. 3d 740 · Appellate Court of Illinois · Jun 29, 1990

If the term were to be given this meaning, defendant would qualify as a parent. … The circumstances in this case clearly support an aggravated unlawful restraint conviction.

City of Springfield v. Allphin

50 Ill. App. 3d 44 · Appellate Court of Illinois · Jul 5, 1977

We do not believe the decision in Klinger established such a broad rule. … Instead, the issue concerns sovereign immunity. Article XIII, section 4, of the Illinois Constitution of 1970 abolished sovereign immunity except as provided by the General Assembly.

Alarm Detection Systems, Inc. v. Village of Hinsdale

Appellate Court of Illinois · Dec 12, 2001

The Village is clearly a unit of local government within the meaning of sections 5(15) and 11. … Giving effect to that plain language, we conclude that the Village was immune from any liability under the Antitrust Act.

White Sewing Machine Co. v. Harris

161 Ill. App. 122 · Appellate Court of Illinois · Aug 15, 1910

The phrases “or to continue business, if already established,” and “now or hereafter doing business within this state,” found in the beginning parts of paragraphs 67b and 67c of the act of 1897, not having been carried into … and paid its fees under the old law, should not be held to again qualify and pay fees before it can legally continue to do business in this state.

Bell v. Retirement Board of the Firemen's Annuity and Benefit

Appellate Court of Illinois · Feb 19, 2010

This court has clearly held that Bertucci did not state that it was to be applied prospectively only, nor did it establish a new principle of law. See Coleman, 392 Ill. App. 3d at 388, 911 N.E.2d at 500. … Tonkovic, Bertucci, Hooker, and Coleman all clearly relied on the plain language of section 6- 140.

People v. Grayer

Appellate Court of Illinois · Aug 24, 2010

again upon a new qualifying conviction or disposition. … App. 3d 127, 130 (2009)), the "possibility of an unjust or absurd result is generally not enough to avoid the application of a clearly worded statute." Petersen v. Wallach, 198 Ill. 2d 439, 447 (2002).

Harraz v. Snyder

283 Ill. App. 3d 254 · Appellate Court of Illinois · Jun 19, 1996

At this juncture, it clearly appears to us that the new legislative enactment effected a substantive change in the law. … The Chemrex court concluded that the tank owner had established a vested right to reimbursement from the fund prior to the change in the law.

People v. Spicer

61 Ill. App. 3d 748 · Appellate Court of Illinois · May 11, 1978

A chain of custody of the tape was also then established. … In response, the State promised Phillips immunity from the use of any testimony he might give at trial.

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.

Lasalle Bank, N. A. v. C/HCA Development

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 in Illinois is well established that, to preserve any alleged error for appeal, a party must object specifically both at trial and in a posttrial motion. People v.