Case law

Oswald v. Hamer

73 N.E.3d 536 · Appellate Court of Illinois · Dec 22, 2016

lacked the ability to pay, and had qualified for the hospital’s charity program. … “To overcome this 10 No. 1-15-2691 presumption, the party challenging the statute must clearly establish the statute’s invalidity.” Id.

Scott Stainless Steel, Inc. v. NBD Chicago Bank

253 Ill. App. 3d 256 · Appellate Court of Illinois · Sep 7, 1993

customers to immunize itself from responsibility for its own lack of good faith or failure to exercise ordinary care. … Plaintiff argues that even if Natco had clearly established a legitimate claim unrelated to the current transaction, this would not evidence loss under section 4-403(3) of the UCC.

Coleman v. Retirement Board of the Firemen's Annuity

392 Ill. App. 3d 380 · Appellate Court of Illinois · Jun 19, 2009

The Board argues that Bertucci must be applied prospectively because it established a new principle of law. … impression the resolution of which was not clearly foreshadowed.

Fox v. Adams & Associates, Inc.

2020 IL App (1st) 182470 · Appellate Court of Illinois · Apr 22, 2021

Causation is not established if the basis for the discharge is valid and nonpretextual. … Moreover, several intervening events establish that retaliation was not a plausible motive for discharging her.

Bruss v. Przybylo

385 Ill. App. 3d 399 · Appellate Court of Illinois · Sep 26, 2008

The law knows no heresy, and is committed to the support of no dogma, the establishment of no sect. … The court refused, holding that the abstention doctrine “presupposes that the religious organization itself has acted before immunizing the decision from judicial review.” Vann, 452 F. Supp. 2d at 655 .

Chicago Title & Trust Co. v. Wheeler

119 Ill. App. 508 · Appellate Court of Illinois · Apr 5, 1905

These authorities would seem to indicate clearly that the author of Horner’s Probate Law is correct, when he says in section 171: “The powers of an executor before probate, at common law, were numerous. … Speaking of the person nominated as executrix, the court said: “The will had not been established, and it had not been decided that she had any right or claim to act as executrix of the estate.

Commerce Bank v. Youth Services of Mid-Illinois, Inc.

333 Ill. App. 3d 150 · Appellate Court of Illinois · Aug 23, 2002

immunity. … Clearly, the majority's finding that "every interaction defendant had with the Augsburgers was dictated by DCFS regulations" is erroneous. Op. 266 Ill.Dec. at 740 , 775 N.E.2d at 302 .

Citizens State Bank v. Johnson

130 Ill. App. 3d 925 · Appellate Court of Illinois · Jan 23, 1985

Plaintiff concedes that Illinois case law has clearly established the rule that estoppel does not apply to the State in the exercise of its taxing power “except under extraordinary circumstances.” Mobil Oil Corp. v. … This principle, while clearly important in some situations, does not render the statute vague in the instant case.

Commonwealth Edison Co. v. Illinois Commerce Comm'n

2014 IL App (1st) 130544 · Appellate Court of Illinois · Jul 22, 2014

Instead, the party must show that the opposite conclusion was clearly evident. Abbott Laboratories, Inc. v. Illinois Commerce Comm’n, 289 Ill. … Furthermore, ComEd does not show that the opposite conclusion is clearly evident.

Leja v. Community Unit School District 300

979 N.E.2d 573 · Appellate Court of Illinois · Nov 6, 2012

for negligence under section 3-106 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/3-106 (West 2008)). … Additionally, in her brief, plaintiff argues that “the clearly worded warning on the crank itself, as well as the instruction manuals that accompanied the equipment,” were sufficient to put defendant on notice

Bickel v. City of Chicago

25 Ill. App. 3d 684 · Appellate Court of Illinois · Jan 23, 1975

public entity, the Reynolds decision outmodes cases decided before the 1965 enactment of the Tort Immunity Act. … Defendant here challenges the sufficiency of the evidence to establish the need for future medical care for plaintiff and his future employment disability.

Vanko v. Sheahan

278 Ill. App. 3d 302 · Appellate Court of Illinois · Feb 21, 1996

Section 3 — 7008 provides that appointments to the position of deputy sheriff shall be made from the ranks of those applicants "who have been certified by the Board as being qualified for appointment.” (55 ILCS 5/3 — 7008 … This clearly presents a factual issue which in turn begs the question, by whom is it to be resolved?

Village of Maryville v. Illinois Labor Relations Board

Appellate Court of Illinois · Jun 29, 2010

In light of the existing law on this topic, the Board's decision was not clearly erroneous. … If the Village of Maryville is not able to establish facts supporting its claim that its sergeants qualify as supervisors under the Act, the employees at issue should not be found to be supervisors.

King v. Levin

184 Ill. App. 3d 557 · Appellate Court of Illinois · Jun 5, 1989

We reject plaintiff’s argument that the above cases are distinguishable from the instant case because they involve complaints clearly placing the privilege in issue either because the person was in a privileged position as … We hold that plaintiff has failed to present sufficient evidence to prima facie defeat defendant’s qualified privilege under any of these tests.

Bialek v. Moraine Valley Community College School District 524

267 Ill. App. 3d 857 · Appellate Court of Illinois · Oct 31, 1994

Under section 3-106 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. … This is clearly evident from the fact that football goalposts are padded in anticipation of just such an occurrence.

People v. Farrokhi

91 Ill. App. 3d 421 · Appellate Court of Illinois · Dec 24, 1980

Stat. 1977, ch. 38, par. 4-9) provides that absolute liability obtains only if the crime is a misdemeanor which is not punishable by incarceration or by a fine exceeding $500, or where the statute defining the offense clearly … Tuteur, qualified psychiatrists, testified, that the victim was so mentally retarded that she could not give effective consent to the act of sexual intercourse.

Commonwealth Edison Co. v. Illinois Commerce Comm'n

2014 IL App (1st) 130544 · Appellate Court of Illinois · Sep 26, 2014

Instead, the party must show that the opposite conclusion was clearly evident. Abbott Laboratories, Inc. v. Illinois Commerce Comm’n, 289 Ill. … Furthermore, ComEd does not show that the opposite conclusion is clearly evident.

In re Fatima A.

2015 IL App (1st) 133258 · Appellate Court of Illinois · Mar 26, 2015

Knox that Fatima did not qualify for specialization. … Cinkus, 228 Ill. 2d at 210. ¶ 60 And finally, mixed questions of law and fact are questions in which the historical facts are admitted or established, the rule of law is undisputed, and the issue is whether

Wells v. Travis

Appellate Court of Illinois · Oct 16, 1996

The court reasoned: "Holding that the limitation period is not triggered until a prospective malpractice plaintiff secures an expert witness qualified to testify to the described necessary elements for a prima facie case … would clearly extend the limitation period unduly and leave the four-year period of section 13--212, after which a defendant has absolute repose, as the only substantial protection that such a defendant would have against

Minor v. Comstock

78 Ill. App. 3d 933 · Appellate Court of Illinois · Dec 7, 1979

Farrell indicated that neither 18 — 10 nor 18 — 14 established any legislative intent as to the ultimate impact of the Federal estate tax burden. … When the doctrine of equitable apportionment is applied in the instant case, it clearly calls for computation of the surviving spouse’s elective share of the entire estate before any deduction is made for payment or computation