Case law

People Ex Rel. Kenny v. Fornof

343 Ill. App. 73 · Appellate Court of Illinois · Apr 6, 1951

In fact plaintiff admitted on the trial that she did not consider herself qualified to participate in a teaching program. … We think the foregoing decisions clearly point out the error of this view of the law.

Spaulding v. Illinois Community College Board

64 Ill. 2d 449 · Illinois Supreme Court · Sep 20, 1976

It did not confer the right to vote on some otherwise qualified voters and deny it to others. All qualified voters who resided in the territory annexed to an existing district had a right to vote at a referendum. … When considering the validity of legislative classification there exists the presumption that the legislature acted conscientiously, and we will not interfere with the judgment “except where the classification is clearly

Holzrichter v. Yorath

987 N.E.2d 1 · Appellate Court of Illinois · Mar 4, 2013

Plaintiff “was required to disclose a medical expert to establish liability and proximate cause. … On September 30, 2005, the circuit court dismissed count V with prejudice pursuant to Code section 2-619, finding the IDPR had sovereign immunity as defined by section 1 of the State Lawsuit Immunities Act (745

Joseph Triner Corp. v. McNeil

363 Ill. 559 · Illinois Supreme Court · Jun 10, 1936

The statute clearly does not even tend to legalize trusts or monopolies. It does tend to prohibit trusts and monopolies. (Ingersoll & Bro. v. Hahne & Co. supra; Fisher Flouring Mills Co. v. … The Anti-Trust act was never intended to interfere with the protection given to the good will established around the use of a trade-mark, brand or name.

Chicago Telephone Co. v. Illinois Manufacturers' Ass'n

106 Ill. App. 54 · Appellate Court of Illinois · Feb 9, 1903

Appellant’s counsel say that the words “ now established ” qualify the words “ telephone service,” and appellees’ counsel contend that these words qualify the word “ rates.” … And for appellant it is said that if the words “ now established ” qualify the word “ rates,” they also qualify the words “ telephone service” as well, and that the clause should therefore be read as if it said, “ the rates

Hulton v. Bayerische Staatsgemaldesammlungen

346 F. Supp. 3d 546 · District Court, S.D. Illinois · Sep 28, 2018

Simultaneously, Vömel sold much of Flechtheim's collection through Christopher Bernoulli, "a Swiss art dealer ... [, thereby] converting for his own profit what clearly belonged to" Flechtheim. ( Id. ¶ 88 .) … It is Plaintiffs' burden to establish that the takings exception is met. Chettri , 834 F.3d at 55 .

Moore v. Watson

738 F. Supp. 2d 817 · District Court, N.D. Illinois · Sep 7, 2010

Whiting, 477 F.2d 456, 460 (4th Cir.1973) (“It may well be that a college need not establish a campus newspaper, or, if a paper has been established, the college may permanently discontinue publication for reasons wholly … First, the state may waive its immunity by consenting to be sued. Second, Congress may abrogate the state’s immunity through a valid exercise of its constitutionally-authorized powers.

People Ex Rel. Carey v. Bentivenga

83 Ill. 2d 537 · Illinois Supreme Court · Jan 20, 1981

The State pointed out that the defendant was, therefore, not qualified to receive probation. … Courts will not interfere with such legislation unless the challenged penalty is clearly in excess of the very broad and general constitutional limitations applicable. People v.

Ono v. Chicago Park District

235 Ill. App. 3d 383 · Appellate Court of Illinois · Sep 18, 1992

App. 3d 903 , 407 N.E.2d 671 , and the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. Stat. 1989, ch. 85, par. 1 — 101 et seq.). … This court concluded that the other instructions given on the whole clearly advised the jury as to the applicable legal principles, and no other instructions were necessary.

Fry v. Morrison

159 Ill. 244 · Illinois Supreme Court · Jan 17, 1896

, establishes the will without further proof. … In this case it was said (p. 308): “When the codicil is written on the same paper, or clearly refers to and identifies the will, no reason is perceived why the proof of the codicil should not establish the will.

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

District Court, C.D. Illinois · Sep 24, 2020

rights were violated by the search, Plaintiff had not established that the constitutional right was clearly established at the time of the search. … immunity analysis.

Curtis v. Wilks

704 F. Supp. 2d 771 · District Court, N.D. Illinois · Mar 29, 2010

Plaintiffs have simply failed to connect the dots, i.e., establish that Rotolo’s private sector experience qualifies him as an expert on suburban, and in particular the Village of Mount Prospect’s, downtown redevelopment … However, a plaintiff must establish that there was a scheme to defraud, which requires a plaintiff to “establish[] that the defendants had the intent to implement such a scheme.” Id.

Biundo v. Bolton

2020 IL App (1st) 191970 · Appellate Court of Illinois · Mar 12, 2021

Saltzberg was not qualified to establish the requirements for a psychiatrist and thus could not impugn any alleged failure by the psychiatrist on the defendants. ¶ 30 Even assuming arguendo that Dr. … Saltzberg, to establish the standard of care. During the trial, Dr.

Wood v. Illinois Liquor Control Commission

55 Ill. App. 3d 228 · Appellate Court of Illinois · Dec 14, 1977

to allow the sale of liquor, but that a different city ordinance prohibited sale of liquor in this area because the ordinance deemed the area “residential” although it was zoned business; that in the same area four other establishments … State Commission specifically found only that there was a license available, that the applicant was equally qualified with other applicants, and that the local commissioner should have allowed the transfer.

Cleaves v. Herbert

61 Ill. 126 · Illinois Supreme Court · Sep 15, 1871

support of the averment of property in the plaintiff below, under the issue formed on the plea of property, It is said the plea of property imports an absolute right to the subject of the suit, while the mortgage shows only a qualified … The evidence seems to establish the fact that the wines which were taken were still in their original casks or packages, and it tends to show they had not been drawn from.

In Re Armentrout

99 Ill. 2d 242 · Illinois Supreme Court · Dec 16, 1983

Respondent Weir was granted immunity from prosecution and testified before the grand jury. … Respondent Grodner also testified under an immunity grant, but he later waived immunity when faced with possible perjury charges.

People ex rel. Hall v. Pearson

314 Ill. 392 · Illinois Supreme Court · Dec 16, 1924

All these things were clearly matters falling within the words of the title. … The provisions of section 24 were therefore a valid part of the act and effective to establish the beginning of the assessor’s term of office on the first day of January following his election.

Talandis Construction Corp. v. Illinois Building Authority

60 Ill. App. 3d 715 · Appellate Court of Illinois · May 23, 1978

The 1970 Illinois Constitution provides that “[e]xcept as the General Assembly may provide by law, sovereign immunity in this State is abolished.” (Ill. Const. 1970, art. XIII, §4.) … Unlike those cases where a statue clearly grants jurisdiction and a later statute repeals the earlier one or another statute clearly divests the court of jurisdiction (Remington v.

CE Design Ltd. v. Speedway Crane, LLC

2015 IL App (1st) 132572 · Appellate Court of Illinois · Aug 19, 2015

The pleadings and deposition testimony establish the following relevant facts. ¶6 The Blue Book is a regional commercial construction directory of “qualified” businesses in commercial construction. … The FCC has “ma[de] clear that the existence of an established business relationship establishes consent to receive telephone facsimile advertisement transmissions.”

Kipnis v. Baram

949 F. Supp. 618 · District Court, N.D. Illinois · Dec 3, 1996

However, since the investigators were federal officers, they had the defense of qualified immunity, and the right to substitute the United States as party defendant under the applicable federal statute, the Federal Tort Claims … Under McDonnell, she is therefore immune from liability under Title VII as well.