Case law

People v. Daniels

2025 IL App (1st) 230823 · Appellate Court of Illinois · Feb 7, 2025

¶ 27 A person raising a constitutional challenge to a statute carries the heavy burden of rebutting the strong judicial presumption that statutes are constitutional and must clearly establish that the statute violates … Because defendant’s age at the time of his qualifying convictions is already established in the record, his as-applied challenge is reviewable on appeal. People v. Martin, 2018 IL App (1st) 152249, ¶¶ 12-13.

United States v. One 1985 Plymouth Colt Vista Vin JP3BG49D2FZ708241

644 F. Supp. 1546 · District Court, N.D. Illinois · Oct 7, 1986

Positions of the Parties According to the government, it has established probable cause for forfeiture 3 by establishing both Taylor’s involvement in *1548 drug trafficking and his lack of any source of money for the Plymouth … Taylor is clearly wrong in saying the government’s case is based entirely on the assertion he has no known source of money other than drug sales.

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

398 Ill. App. 3d 758 · 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. Thurber

13 Ill. 554 · Illinois Supreme Court · Jun 15, 1852

This legislative intention and understanding are clearly manifested in all the legislation referring to the subject, since the adoption of the new Constitution. … and qualified, who would then take his place and succeed to all those functions and duties.

Wernikoff v. Health Care Service Corp.

Appellate Court of Illinois · Sep 28, 2007

When an applicant applies for a policy, defendant's underwriters consider the application and determine whether the applicant qualifies for a policy. … Most significantly, plaintiff cannot establish that he relied on defendant's representations.

Johnson v. Retirement Board of Policemen's Annuity and Benefit Fund

137 Ill. App. 3d 546 · Appellate Court of Illinois · Oct 24, 1985

At the very least, Johnson’s uncontradicted testimony established that he was crossing the street fulfilling his duties directing traffic when the injury occurred. … Such activity was clearly not incident to a citizen in the ordinary walks of life. Rather, he was engaged in activities related to his duty as a police officer to protect and serve the public.

Northwest Disposal Co. v. Village of Fox Lake

119 Ill. App. 3d 546 · Appellate Court of Illinois · Nov 10, 1983

Northwest alleged in its amended complaint that although qualified and the lowest bidder, it was denied a contract for garbage disposal. … We recognize the very limited due process right for unsuccessful bidders as established under the rationale of Three Rivers.

Schiessle v. Stephens

525 F. Supp. 763 · District Court, N.D. Illinois · Oct 30, 1981

It will suffice if the challenged activity was clearly within the legislative intent. … The court went on to note, however, that an official’s ultra vires or bad faith actions may vitiate the immunity defense.

Manning v. Hazekamp

211 Ill. App. 3d 119 · Appellate Court of Illinois · Mar 28, 1991

Thus, we stated this precluded the City of Urbana from tort liability immunity under the Act. … The evidence established that the “no parking” sign itself was 30.7 feet from the intersection while the first car was parked 36 feet from the intersection.

Board of Education of Indian Prairie School District No. 204 v. Du Page County Election Comm'n.

Appellate Court of Illinois · Jul 15, 2003

Defendants do not, however, attempt to establish the elements of judicial estoppel (see People v. Coffin , 305 Ill. … Moreover, since the abolition of sovereign immunity in this state (see Walker v.

McArdle v. Rodriguez

213 Ill. Dec. 709 · Appellate Court of Illinois · Dec 22, 1995

The defendants did introduce some testimony and sought to introduce other testimony to establish that the promotions based on merit were made because some qualifying candidates may do poorly on written examinations, to assure … The commissioner may substitute rankings such as excellent, well-qualified and qualified for numerical ratings and establish eligible lists accordingly.” (Emphasis added.) Chicago Municipal Code § 2 — 74—050(4) (1995).

McMahon v. Dunlap Community Unit School District No. 323

274 F. Supp. 3d 836 · District Court, C.D. Illinois · Apr 6, 2017

(ii) Whether McMahon applied for and was qualified for the position Next, Plaintiff must establish that he applied for and was qualified for the *846 position' sought. … Here, McMahon has not shown that he was clearly better qualified than Rieke-na or Skinner.

Montano v. City of Chicago

Appellate Court of Illinois · Oct 26, 1999

Immunity Act) (745 ILCS 10/3-104 (West 1994)) and struck paragraph 7(d) from the complaint. … On January 16, 1998, the City filed a motion for summary judgment, asserting that the City was immune from liability pursuant to section 3-102(a) of the Tort Immunity Act (745 ILCS 10/3-102(a) (West 1994)).

Bello v. Village of Skokie

151 F. Supp. 3d 849 · District Court, N.D. Illinois · Dec 31, 2015

Because immunity is an affirmative defense,"the burden is on *866 the defendants to establish that the TIA bars liability, and the Act is “strictly construed Against the public entities involved.” Van Meter v. … Third, they argue that the Tort Immunity Act immunizes the Village from liability undér IMLOAA.

Warning v. City of Joliet

974 N.E.2d 954 · Appellate Court of Illinois · Aug 22, 2012

A decision is against the manifest weight of the evidence if the opposite conclusion is clearly apparent. Id. ¶ 34. … The uncontested evidence established that the City’s initial crosswalk installation met the recommended guidelines.

Illinois State Treasurer v. Illinois Workers' Compensation Commission

2013 IL App (1st) 120549WC · Appellate Court of Illinois · Jan 22, 2014

In the alternative, the 1 Ken Schechtel owned and operated the employment agency that placed the claimant with Meuse. 2 The Fund was established to provide workers’ compensation … The claimant noted that one of the purposes of the doctrine of sovereign immunity is “to preserve and protect state funds.”

Kavanagh v. KLM Royal Dutch Airlines

566 F. Supp. 242 · District Court, N.D. Illinois · Jun 20, 1983

Consequently, Count I of plaintiff’s complaint invokes this court’s jurisdiction pursuant to the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. §§ 1602-11 , and 28 U.S.C. § 1330 . … The issue before this court, therefore, is narrow: can plaintiff, based on these pleadings, prove some set of facts establishing that his discharge was in violation of a clearly mandated public policy?

Rudolf Express Co. v. Bibb

15 Ill. 2d 76 · Illinois Supreme Court · Sep 18, 1958

It provides that the Department “may” promulgate rules and regulations establishing specifications or designs for other types of splash guards. … The exemption provisions of the 1957 amendment are clearly separable from those provisions of the amendment which relate to the design of the required guard.

Makowski v. United States

27 F. Supp. 3d 901 · District Court, N.D. Illinois · Mar 18, 2014

Makowski argues that he has established a threat of imminent injury. … Makowski might be able to establish standing to seek an injunction against future immigration detainers or to require DHS to correct his records. See, e.g., Morales v. Chadbourne, C.A.

Sass v. Kramer

72 Ill. 2d 485 · Illinois Supreme Court · Oct 6, 1978

Although the suit is nominally against an officer of the State, John Kramer, *492 Secretary of Transportation, it clearly affects property of the State. … I cannot accept this premise in light of the evidence that established the State's abandonment of the *494 easement before plaintiff instituted the instant suit.