Case law

Board of Trustees of the City of Harvey Firefighters' Pension Fund v. City of Harvey

2017 IL App (1st) 153074 · Appellate Court of Illinois · Apr 30, 2018

However, the trial court found that the Tort Immunity Act applies only to civil tort actions, and was, therefore, not applicable in this case. … However, the evidence of several relevant factors clearly established that the benefit rights have been impaired such that the fund is on the verge of default or imminent bankruptcy.

In re Detention of Tittlebach

Appellate Court of Illinois · Aug 17, 2001

Here, the record establishes that Dr. Jonas had been involved in the treatment and evaluation of juvenile sex offenders from 1985 until 1990. … Here, the trial court clearly indicated that it had sufficient information to make its decision.

Bruss v. Przybylo

Appellate Court of Illinois · Sep 26, 2008

Illinois has its own constitutional protection of free exercise and prohibition of establishment. See Ill. … 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.

Kearns v. Board of Education

73 Ill. App. 3d 907 · Appellate Court of Illinois · Jun 19, 1979

Contractual continued service status shall not restrict the power of the board to transfer a teacher to a position which the teacher is qualified to fill or to make such salary adjustments as it deems desirable, but unless … Both sections, by their plain meaning, clearly contemplate permanent termination of employment. What is at stake in the instant case is not dismissal or removal.

1541 North Bosworth Condominium Ass'n v. Hanna Architects

196 N.E.3d 1108 · Appellate Court of Illinois · Dec 29, 2021

Clearly, plaintiff is a group the ordinance was designed to protect. *** The remedy of simply requiring a defendant to correct the plans if brought … to his attention by the building department clearly is not itself going to guarantee compliance.

Thompson v. Illinois Department of Human Services

2024 IL App (1st) 221002 · Appellate Court of Illinois · Sep 27, 2024

On her voicemail, he left a message indicating that the case did not qualify for a reopen request and that a new application would have to be filed. … A finding is against the manifest weight only if the opposite conclusion is clearly evident. Parikh, 2014 IL App (1st) 123319, ¶ 28.

Payne v. The City of Chicago

16 N.E.3d 110 · Appellate Court of Illinois · Jul 16, 2014

Section 4-102 of the Act immunizes local public entities and public employees for failure to: (1) establish a police department; (2) otherwise provide police protection; or, if police protection is provided, (3) failure … The court specifically held that: "The statute, by its terms, immunizes local public entities and public employees from liability for failure to (1) establish a police department or (2) otherwise provide police protection

Hoem v. Zia

239 Ill. App. 3d 601 · Appellate Court of Illinois · Dec 31, 1992

We hold that the legislature clearly intended this latter interpretation. … Sullivan had not administered a stress test thus seems irrelevant to their ability to read the test results that — plaintiff claims — clearly showed signs to any qualified internist or pulmonologist that Hoem suffered from

Kraft, Inc. v. Edgar

188 Ill. App. 3d 46 · Appellate Court of Illinois · Aug 31, 1989

The record clearly shows the application required DKI to estimate its property and business transactions in its first year. … Section 113 of the 1933 BCA required that a merger qualify as a statutory merger in the State of incorporation before it may file a report of merger with the Secretary.

Brody v. Finch University of Health Sciences/the Chicago Medical School

298 Ill. App. 3d 146 · Appellate Court of Illinois · Jul 31, 1998

Generally, to establish a violation of the Consumer Fraud Act, plaintiffs must establish that (1) defendant committed a deceptive act, such as the misrepresentation or concealment of a material fact; (2) defendant intended … To sufficiently establish an implication of consumer protection concerns, plaintiffs must plead and otherwise prove (1) that their actions were akin to a consumer’s actions to establish a link between them and consumers;

Harris v. Montag

247 Ill. App. 89 · Appellate Court of Illinois · Dec 27, 1927

Assuming the burden of establishing a debt that was garnishable, as it was required to do (Manowsky v. Conroy, 33 Ill. … The unequivocal language of the amendment clearly discloses such intent, and throughout the entire section points clearly to only “such employe” as is mentioned in the first paragraph thereof, namely, one who is the head

Black v. Iovino

219 Ill. App. 3d 378 · Appellate Court of Illinois · Feb 15, 1991

App. 3d 237 , 511 N.E.2d 1330 , in support of his argument, the trial court in that case found that the witness did not qualify as an expert, as opposed to this case, where the witness was found to be qualified. … The evidence also established that defendant had purchased the vehicle from the dealership after it had been rebuilt.

Wuerttemberger v. Continental Casualty Co.

32 Ill. App. 2d 430 · Appellate Court of Illinois · Oct 24, 1961

BURKE, J., dissenting: The rule is well established that where provisions of an insurance policy are inconsistent or ambiguous, they are to be construed liberally in favor of the insured. … The language in the policy clearly informs the insured of the benefits he can expect and defines the risk undertaken by the insurer.

McNamee v. Federated Equipment & Supply Co.

286 Ill. App. 3d 806 · Appellate Court of Illinois · Feb 13, 1997

Again, the Court decided employers were not immune from liability for contribution. … Kotecki struck a balance between competing interests of the employer, as a participant in a no-fault system of recovery, and the third-party plaintiff, who seeks to pay no more than its established fault.

Skolnick v. Nudelman

95 Ill. App. 2d 293 · Appellate Court of Illinois · Apr 23, 1968

The complaint fails to set forth the ultimate facts necessary to establish a relationship between the alleged severance of the plaintiffs’ attorney-client relationship and the actions of the defendant which allegedly took … It clearly appears that neither of these situations is applicable to the case at bar.

People v. Villareal

448 Ill. Dec. 807 · Appellate Court of Illinois · May 3, 2021

¶ 12 “All statutes are presumed to be constitutional” and “[t]he party challenging the constitutionality of a statute bears the burden of rebutting this presumption and clearly establishing a constitutional … In addition, proof that the group qualifies as a street gang does not entail proof connecting the possession of the firearm to any of the criminal acts that qualify the group for street gang status.

Ruiz v. The City of Chicago

Appellate Court of Illinois · Jun 29, 2006

Ligouri was qualified as an American Heart Association pediatric advanced life support provider. … However, as discussed below, we do not find this to be the case and review the trial court=s decision to exclude Ligouri under an abuse of discretion standard as clearly outlined in Gill and Sullivan.

Better Government Assocation v. Illinois High School District 230

56 N.E.3d 497 · Appellate Court of Illinois · Jun 24, 2016

App. 3d 1065 (2005), in which IHSA had sought protection under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … Instead, the challenged statements were legal arguments asserted by IHSA in an effort to establish immunity under the Tort Immunity Act.

Senese v. Village of Buffalo Grove

Appellate Court of Illinois · Jun 5, 2008

If the term is given its full breadth, it clearly encompasses the conduct of the motorist whose vehicle struck plaintiff's and caused plaintiff's disabling injuries. … Presumably, however, a report of a crime in progress would generally qualify as an emergency.

Doe v. Sanchez

52 N.E.3d 618 · Appellate Court of Illinois · Mar 31, 2016

Only after a court determines that a duty exists does it address whether the Tort Immunity Act provides immunity for a breach of that duty. Id. … We have already established that a private transporter of students owes the same duty of care as a common carrier.