Case law

The PEOPLE EX REL. BYRNES v. Stanard

9 Ill. 2d 372 · Illinois Supreme Court · Sep 25, 1956

Such a course would clearly be violative of the statutory provisions pertaining to this aspect of our appellate practice and procedure. … Having duly qualified for their positions by civil service examination, they had civil service status.

The Raymond W. Pontarelli Trust v. Pontarelli

2015 IL App (1st) 133138 · Appellate Court of Illinois · May 7, 2015

The first two orders do not qualify as injunctions and, therefore, are not appealable. The third order does not purport to finally resolve any issue and is likewise not ripe for appeal. … BDO Seidman, LLP, 2012 IL App (4th) 120359, ¶ 48. ¶ 22 “A person establishing a trust may specify in the instrument the rights, powers, duties, limitations and immunities applicable to the trustee, beneficiary

Reed v. Kusper

154 Ill. 2d 77 · Illinois Supreme Court · Dec 4, 1992

Stat. 1989, ch. 46, par. 10 — 1 et seq.), even though the Washington Party was already an established party in the City of Chicago. … This provision defines State office as one voted for by qualified electors of the entire State, and defines county office as one voted for by the qualified electors of the entire county.

Preuter v. State Officers Electoral Board

334 Ill. App. 3d 979 · Appellate Court of Illinois · Oct 25, 2002

A mixed question of fact and law is reviewed under the clearly erroneous standard. See City of Belvidere, 181 Ill. 2d at 205 , 692 N.E.2d at 302 . … As noted above, in this case, the statute at issue is subject to several interpretations; competent legal counsel would have had no way of determining that the Guide was clearly wrong on this point.

Porter v. Porter

162 Ill. 398 · Illinois Supreme Court · Mar 28, 1896

It was, at most, a qualified notice that she might return, accompanied with the information that he did not desire her to do so. The only question remaining is, is the allowance to the complainant excessive? … He appears to be an economical business man, and with an unencumbered capital of $40,000 he is clearly able to pay the allowance fixed by the Superior Court.

JB4 Air, LLC. v. Department of Revenue

388 Ill. App. 3d 970 · Appellate Court of Illinois · Mar 10, 2009

In April 2001, Bell established his primary residence in Illinois, and the airplane was relocated to Du Page Airport. Since then, the airplane has been hangared and flown in and out of Du Page Airport. … We review the agency’s ultimate conclusion (applying section 3 — 70 to the facts), that JB4 did not qualify for the section 3 — 70 exemption for individuals, using the clearly-erroneous standard of review.

Schumann v. Fleming

261 Ill. App. 3d 1062 · Appellate Court of Illinois · May 11, 1994

The Board argues that if a person may become a candidate, at a point when he is not even a resident, then that person could conceivably file for office in several different townships simultaneously, establishing residency … Thus, substituting the word "qualified” into the statute, it provides that to be qualified for town office the person must have been a resident for one year.

Rudd v. The Lake County Electoral Board

2016 IL App (2d) 160649 · Appellate Court of Illinois · Oct 21, 2016

The relevant portion of the statute makes this plain enough: “A person *** who filed a statement of candidacy for a partisan office as a qualified primary voter of an established political … All statutes carry a strong presumption of constitutionality, and to overcome the presumption, the party challenging the statute must clearly establish that it violates the constitution. Bridges v.

In Re Marriage of Norfleet

243 Ill. App. 3d 925 · Appellate Court of Illinois · Apr 22, 1993

is a “qualified” one as defined in the 1984 REA. … We emphasize not all retirement plans are “qualified.” Jim’s 401(k) was qualified.

Yocum v. Dixon

729 F. Supp. 616 · District Court, C.D. Illinois · Jan 26, 1990

“Few doctrines were more solubly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction----” Pierson v. … Judges Baker, Mihm, Ackerman, and Lessen are therefore clearly immune from liability under section 1983 for any action within the sphere of their offices.

McFatridge v. Madigan

962 N.E.2d 1113 · Appellate Court of Illinois · Dec 14, 2011

Sovereign Immunity ¶ 45 The Attorney General also argues McFatridge's mandamus complaint is barred by sovereign immunity to the extent it seeks to control the Attorney General's exercise of discretion. … Here, McFatridge is clearly being sued for actions he took in prosecuting Steidl and Whitlock while the elected State's Attorney of Edgar County.

People v. Hicks

101 Ill. 2d 366 · Illinois Supreme Court · Apr 4, 1984

The defendant argues that boiling water bums by thermal as opposed to chemical action, and thus does not qualify as a caustic substance under the terms of the statute. … Here, the record clearly indicates that the sentencing judge was convinced in light of all of the facts and circumstances before him that a consecutive term was necessary for the protection of the public.

People v. Shaw-Sodaro

238 N.E.3d 1202 · Appellate Court of Illinois · Nov 22, 2023

The ages of both defendant and A.R. were clearly established, leaving the question of whether an act of sexual conduct was committed as the central issue in the case. … ¶ 34 We find that defendant has failed to establish second-prong plain error.

Tasner v. U. S. Industries, Inc.

379 F. Supp. 803 · District Court, N.D. Illinois · May 29, 1974

Defendant U.S.I. is a diversified company with major operations in Cook County and elsewhere in the state of Illinois, and is duly licensed and qualified to do business in the state of .Illinois. … It is clear to this Court that the defendants have failed in their burden of establishing their right to removal and the instant action should be remanded to the Illinois state courts.

Kranzler v. Saltzman

Appellate Court of Illinois · Jan 18, 2011

Second, it clearly establishes the nature of the transaction. Plaintiff loaned money to defendant. Third, the amount in question is readily apparent: $100,000 plus interest. … Evanston Hospital, 199 Ill. 2d 483, 493 (2002) (“ ‘A court of review is entitled to have the issues clearly defined and to be cited pertinent authority.

Kadlec v. Department of Public Aid

155 Ill. App. 3d 384 · Appellate Court of Illinois · Apr 28, 1987

Until recently, the doctrine of sovereign immunity had absolutely barred our courts from awarding costs against the State. … Clearly, these two acts are similar exceptions to the clause “any law of the State of Illinois, or upon any regulation thereunder.”

Villarreal v. Village of Schaumburg

325 Ill. App. 3d 1157 · Appellate Court of Illinois · Oct 19, 2001

It is well established that in order to qualify for the issuance of a writ of mandamus, the following requirements must be met: a plaintiff must show a clear, affirmative right to the requested relief, a clear duty of the … In the context of the Act, the mere fact that plaintiff currently cannot perform the duties of a police officer does not qualify his injury as “catastrophic.” B.

Brown v. Hurd

41 Ill. 121 · Illinois Supreme Court · Apr 15, 1866

Thompson, he was held qualified because his evidence would not have that effect. These two cases recognize the same rule, and it is clear and of easy application. … This is the rule established by the current of authorities. Brown v. Brown, 4 Taunt. 752; Ripley v. Thompson, 12 Moore, 55; Marshall v. Thrakill, 12 Ohio, 275; Marquand v. Webb, 16 Johns. 89 ; Purviance v.

Ash v. Garden

District Court, S.D. Illinois · Mar 27, 2024

The qualified immunity test has two prongs: (1) whether the defendant violated a constitutional right, and (2) whether the right at issue was clearly established at the time of the alleged misconduct. … invoked qualified immunity.

Lalvani v. ILLINOIS HUMAN RIGHTS COM'N

324 Ill. App. 3d 774 · Appellate Court of Illinois · Jul 31, 2001

Barbano is clearly distinguishable from the case at bar. … Here, the evidence clearly supports the existence of legitimate, nondiscriminatory reasons for the hospital’s decision, including the hospital’s stated reason that Lalvani was less qualified than Simms.