Case law

People v. Quinn

332 Ill. App. 3d 40 · Appellate Court of Illinois · Jun 24, 2002

An offer of proof “is not required where it is apparent that the trial court clearly understood the nature and character of the evidence sought to be introduced, or where the question itself and the circumstances surrounding … Most notably for purposes of the present appeal, the Knight court did not establish an absolute rule but, rather, recognized that a qualified privilege does exist at trial for the disclosure of a surveillance location.

Brush v. Fowler

36 Ill. 53 · Illinois Supreme Court · Apr 15, 1864

The action was- for- forcible entry, and the plaintiff, it is admitted, made out a prima facie case, one which entitled him-to recover,.unless the defendant could establish a legal defense by the evidence he proposed to offer … As to the verdict for one'cent damages, though damages cannot be allowed in such action, we will not reverse the judgment for that cause, the merits being so clearly with the appellee. The judgment must be affirmed.

Board of Education of the City of Chicago v. Cady

369 Ill. App. 3d 486 · Appellate Court of Illinois · Dec 13, 2006

A decision of an administrative agency is contrary to the manifest weight of the evidence if the opposite conclusion is clearly evident from the record. City of Belvidere v. … Consequently, even if Cady had established a discriminatory motive in recruiting for the music position, the Board established by a preponderance of the evidence that it would not have hired Cady in the absence of any

Spear v. Board of Education of North Shore School District No. 112

291 Ill. App. 3d 117 · Appellate Court of Illinois · Jul 31, 1997

Act (Immunity Act) (745 ILCS 10/8—101 (West 1994)). … Assuming arguendo (without deciding) that the successor district ordinarily ought to assume all the assets and liabilities of the defunct district, this plaintiff’s claim would still not qualify as a liability or obligation

People v. Spargo

103 Ill. App. 3d 280 · Appellate Court of Illinois · Jan 19, 1982

The court held that whatever the scope of the “right to receive” referred to in Stanley, it was not so broad as to immunize dealings in obscenity. … Ct. 958 , shows clearly that this is not the statute’s aim.

Brown v. State Officers Electoral Board

2026 IL App (1st) 260169 · Appellate Court of Illinois · Mar 6, 2026

We review a mixed question of fact and law under the clearly erroneous standard. Cinkus, 228 Ill. 2d at 211. … Souders maintains that the appeal raises a mixed question of fact and law and the clearly erroneous standard should be employed.

Curtis v. Chicago Transit Authority

341 Ill. App. 3d 573 · Appellate Court of Illinois · Jun 23, 2003

ANALYSIS A section 2-619 motion to dismiss admits the legal sufficiency of a plaintiff's complaint while raising a defect, *86 defense or other affirmative matter that appears on the face of the complaint or is established … Plaintiff here was represented by counsel, who was clearly aware of the requirements of section 41, but failed to comply with those requirements.

Sass v. State

36 Ill. Ct. Cl. 111 · Court of Claims of Illinois · Feb 27, 1984

Defendant then filed an answer and affirmative defense again raising the issue of sovereign immunity. … Finally, while the evidence in the trial court record establishes nonuse of the easement by the preponderance of the evidence, in the opinion of the undersigned the record does not necessarily establish by the preponderance

Kopolovic v. Shah

967 N.E.2d 368 · Appellate Court of Illinois · Mar 12, 2012

Shah qualifies as an author of statements covered by the Act. … Accordingly, he cannot establish the substantial truth of the charge that Dr.

Simpson v. Tri Valley Community Unit School District No. 3 an Illinois Local Governmental Entity

District Court, C.D. Illinois · Jul 6, 2020

Since there was no constitutional violation and no clearly established right was violated, Defendants conclude they are entitled to summary judgment on the basis of qualified immunity. … right was clearly established at the time of the search.

Golden v. Cox

District Court, S.D. Illinois · May 10, 2023

Qualified immunity (Doc. 84) In their Motion for Summary Judgment (Doc. 39), Defendants argued that they were entitled to qualified immunity, which “protects government officials … from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Nolan v. Hillard

309 Ill. App. 3d 129 · Appellate Court of Illinois · Dec 8, 1999

Joyce’s affidavit establishes that, although the Department received Jaconetti’s application for the 1998 sergeants examination, he did not take the written qualifying test. … Jaconetti, who seeks promotion but does not and will not possess the requisite level of college education when promotions are conducted, is clearly injured by this requirement.

Jumper v. Yellow Corp.

176 F.R.D. 282 · District Court, N.D. Illinois · Oct 24, 1997

Even if litigation is imminent, there is no work product immunity for documents prepared in the ordinary course of business rather than for litigation purposes. See Binks Mfg. Co. v. … adversarial process, the issue then becomes whether Defendants may apply the work product protection granted to the documents prepared in anticipation of the grievance proceeding to this federal lawsuit — a different, though clearly

Lutheran Church of the Good Shepherd v. Department of Revenue

Appellate Court of Illinois · Oct 13, 2000

"We have often held that property must be in actual use for the exempting purpose, to qualify for exemption. … The Department's decision denying the Church's application was clearly erroneous.

Tremper v. Board of Education School District No. 89

3 Ill. App. 3d 264 · Appellate Court of Illinois · Dec 27, 1971

Stat. 1969, ch. 122, pars. 9 — 3 and 9 — 9) the legislature clearly indicated that a voter may vote anywhere in the school district and cannot be directed by a notice of election to vote in the precinct where he resides. … For the purposes of this act a person qualified to vote in a school election shall be known as a legal voter or voter.

Davit v. Davit

366 F. Supp. 2d 641 · District Court, N.D. Illinois · Nov 22, 2004

Davit, therefore, cannot rely on Section 1503 to establish an underlying predicate act for his RICO claims. Pettiford, 2004 WL 626151 , at *11; Albarran v. … The Defendant-Judges are clearly and con-cededly members of the Circuit Court of DuPage County, Illinois. {See, e.g., D.E. 1, Ex.

Hacker v. Halley

458 Ill. Dec. 149 · Appellate Court of Illinois · Nov 15, 2021

qualified voters of an established political party nominates candidates for municipal office in a municipality with a population under 5000. … Regardless of whether this purported justification for disparately treating established political parties holds any water, the simple fact remains that the legislature has clearly stated its intent to treat

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

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. Slip op at 9.

Tate v. City of Chicago

District Court, N.D. Illinois · Nov 16, 2020

security sweep, so they are entitled to qualified immunity. … Qualified immunity is not appropriate for the same reason.

Northwestern Fertilizing Co. v. Village of Hyde Park

70 Ill. 634 · Illinois Supreme Court · Sep 15, 1873

into an agricultural fertilizer, to be established at a designated point about fifteen miles south of the city. … It contains no language which purports to grant such an immunity.