Case law

Muldrow v. Barron

2021 IL App (1st) 210248 · Appellate Court of Illinois · May 10, 2021

“It is well established under Illinois law that the conclusion of an election cycle normally moots an election contest.” … A mixed question of fact and law is subject to the clearly erroneous standard of review and is one in which “the historical facts are admitted or established, the controlling rule of law is undisputed, and the

People v. Guppy

30 Ill. App. 3d 489 · Appellate Court of Illinois · Sep 2, 1975

She was granted immunity from prosecution, her requests for advice of counsel were refused, and she was directed to answer all questions. … The elements of proof required to establish guilt are different for each charge since the falsity of each answer and the materiality of each statement must be established by the evidence. People v.

O'DELL v. Dowd

102 Ill. App. 3d 189 · Appellate Court of Illinois · Dec 1, 1981

App. 2d 807 , 263 N.E.2d 708 , but that case is clearly distinguishable. … Clearly, the trial court did not abuse its discretion in finding Siegel sufficiently qualified to testify as an expert in this trial. Nowakowski v. Hoppe Tire Co. (1976), 39 Ill. App. 3d 155 , 349 N.E.2d 578 .

Dorman v. Madison County

Appellate Court of Illinois · Aug 7, 2026

Thus, even if the defendants’ actions qualified as a continuing series of torts, the last event in the course of conduct would be the plaintiffs’ firing. … First, the plaintiffs contend that William Mudge’s claimed “statement to law enforcement” privilege is a qualified immunity, and that therefore it presents questions of fact that must go to the jury.

People v. Pirrello

166 Ill. App. 3d 614 · Appellate Court of Illinois · Feb 19, 1988

When Ring asked what the extent of the immunity would be, the State refused to extend immunity beyond any drug transactions on July 23, 1985, and then withdrew its request for immunity entirely. … The hearsay use of Bouma’s testimony was thus clearly not harmless.

In re Estate of Darlene Allen

Appellate Court of Illinois · May 2, 2006

As such, another qualified physician's concurrence in Dr. … Section 10 also defines qualifying condition: -17- No. 2--04--1205 " 'Qualifying condition' means the existence of one or more of the following

Muldrow v. Barron

2021 IL App (1st) 210248 · Appellate Court of Illinois · May 10, 2021

“It is well established under Illinois law that the conclusion of an election cycle normally moots an election contest.” Id. ¶ 36. … A mixed question of fact and law is subject to the clearly erroneous standard of review and is one in which “the historical facts are admitted or established, the controlling rule of law is undisputed, and

Rayford v. Chester Mental Health Center

District Court, S.D. Illinois · Mar 3, 2025

Qualified Immunity The Defendants also argue that they are protected by qualified immunity because “the record in this case demonstrates that Defendants did not violate … “To overcome qualified immunity, the facts viewed in the light most favorable to [the plaintiff] must ‘show that the defendant[s] violated a constitutional right’ and that ‘the right was clearly established at [that] time

Phillips v. Abbott

52 Ill. App. 328 · Appellate Court of Illinois · Oct 28, 1893

language that the persons present could clearly understand that the offense of larceny was not charged or imputed. … We have, however, examined the evidence preserved in the bill of exceptions and find that it was established by the testimony of a number of witnesses that the appellant spoke of the appellee the slanderous words charged,

Buda Co. v. Industrial Commission

377 Ill. 215 · Illinois Supreme Court · Jun 17, 1941

There is evidence which shows sand dust in the room where he was employed in such quantities that exposure in his employment to the hazard of silicosis is clearly established. … The four who qualified as physicians and medical experts each made a personal examination of Kut.

Haynes v. United States

237 F. Supp. 3d 816 · District Court, C.D. Illinois · Feb 16, 2017

A case the Government cites in its opposition brief makes this point clearly. … Although the evidence need not establish with certainty the exact date of the alleged offense, it must establish that the offense was committed on a date reasonably near the date charged.

White v. City of Aurora

323 Ill. App. 3d 733 · Appellate Court of Illinois · Jul 30, 2001

Conversely, the Board contends that the issue presented is a mixed question of fact and law and that its decision must be upheld unless it is clearly erroneous. … Because these are purely issues of statutory interpretation, we will apply a de nova standard of review. •3 Section 3—114.1 of the Illinois Pension Code establishes, inter alla, the right of a police officer to receive a

Hardin v. Harshbarger

814 F. Supp. 703 · District Court, N.D. Illinois · Jan 14, 1993

Class Certification Rule 23 of the Federal Rules of Civil Procedure establishes a two-step procedure to determine if a class action is appropriate. … Additionally, a class action that satisfies all four of the Rule 23(a) requirements must also qualify under one of the three subsections of Rule 23(b).

Heying v. Simonaitis

126 Ill. App. 3d 157 · Appellate Court of Illinois · Jun 29, 1984

Initially, we note that a complaint for defamation must clearly identify the specific defamatory statement complained of. … Clearly the conduct complained of is not so outrageous in degree as to extend beyond all possible bounds of human decency.

Grissette v. City Of Aurora

District Court, N.D. Illinois · Apr 11, 2024

whether Webster is entitled to qualified immunity. … Qualified immunity “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

In Re Bruce

80 B.R. 927 · United States Bankruptcy Court, C.D. Illinois · Feb 24, 1987

The SIP was established as a payroll-based employee stock ownership plan under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. Sec. 1001 et seq. … The plan administrator also states the SIP was established “as a payroll-based” plan that “results in a deferral of income by the employee.”

Brisco v. Stinar

District Court, N.D. Illinois · Nov 30, 2020

However, if the rights were not clearly established, “then the official is immune from suit and the claim is dismissed.” Id. … Officers Stinar and Pierri are not entitled to qualified immunity. II.

Nowakowski v. Hoppe Tire Co.

39 Ill. App. 3d 155 · Appellate Court of Illinois · Jun 3, 1976

Defendant further maintains that in view of its business records impeaching plaintiffs testimony, the verdict lacks evidentiary support and is clearly erroneous. … A verdict is against the manifest weight of the evidence when an opposite conclusion is clearly apparent (Purdom v. Swanson (1970), 130 Ill.

Eads v. Heritage Enterprises, Inc.

325 Ill. App. 3d 129 · Appellate Court of Illinois · Sep 26, 2001

Moreover, plaintiff must attach “[a] copy of the written report, clearly identifying the plaintiff and the reasons for the reviewing health professional’s determination that a reasonable and meritorious cause for the filing … Specifically, section 3 — 609 provides: “Any person, institution or agency, under this [a]ct, participating in good faith in the making of a report, or in the investigation of such a report[,] *** shall have immunity from

Yuretich v. Sole

259 Ill. App. 3d 311 · Appellate Court of Illinois · Mar 10, 1994

In other cases such as this one, where there is no liability for negligence, such allegations are required simply to establish liability. … Burke noted that in the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev.