Case law

Falls v. Silver Cross Hospital and Medical Centers

2016 IL App (3d) 150319 · Appellate Court of Illinois · Feb 15, 2017

Defendant asserts the trial court properly allowed defendant’s motion to dismiss all counts of the second amended complaint. ¶ 26 A section 2-615 motion to dismiss “should not be granted unless it clearly appears … Based on the pleadings, we conclude United Healthcare does not qualify as a health care plan as defined by the HMO Act.

Taylor v. State Universities Retirement System

203 Ill. App. 3d 513 · Appellate Court of Illinois · Jul 12, 1990

SURS contended Taylor was seeking a money judgment against the State, in violation of the doctrine of sovereign immunity. … SUES maintains a circuit court money judgment against SUES, in the amount of the fees which Taylor claims, would violate the doctrine of sovereign immunity.

Drager v. McIntosh

316 Ill. 460 · Illinois Supreme Court · Apr 24, 1925

Becker, 206 Ill. 53 , this court held it is the settled policy to adopt the construction of a will giving an estate of inheritance to the first devisee unless limiting or qualifying clauses show clearly and unequivocally … that it was the intention of the testator to limit or qualify the estate granted.

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.

Ryan v. DuPage County Jury Commission

837 F. Supp. 898 · District Court, N.D. Illinois · Oct 28, 1993

The case is set for a status hearing on November 30,1993, at 9:45 a.m. to establish a discovery schedule. . Primm was apparently tried for driving while under the influence of alcohol. … If the jury commissioners indeed exercised the necessary discretion, quasi-judicial immunity would be appropriate because selecting those who will serve as triers of fact is clearly a function necessary for "resolving disputes

People v. Kirkpatrick

70 Ill. App. 3d 166 · Appellate Court of Illinois · Mar 26, 1979

(Jurow, New Data on the Effect of a “Death-Qualified” Jury on the Guilt Determination Process, 84 Harv. L. Rev. 567 (1971).) … Cole (1973), 54 Ill. 2d 401 , 298 N.E.2d 705 ), the record clearly shows that the relationship between the juror and the victim was remote.

In Re Marriage of Hendry

409 Ill. App. 3d 1012 · Appellate Court of Illinois · May 12, 2011

Loree sought a qualified domestic relations order (QDRO) to enforce the MSA. … However, nothing on page 16 of the document at issue established that Michael was vested and nothing established that Michael knew that he was vested.

City of Champaign v. Madigan

992 N.E.2d 629 · Appellate Court of Illinois · Jul 16, 2013

question of fact and law for which the standard of review is “ ‘clearly erroneous.’ ” Goodman v. … That kind of decision would be subject to the clearly erroneous standard of review, with deference given to the administrative decision.

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

Jenkins

District Court, S.D. Illinois · Feb 24, 2026

Jenkins then details a series of events that he claims, “qualify as predicates for a racketeering enterprise.” (Id.). … Jenkins concludes that Judge Wilkerson issued the search warrant for his truck knowing that Agent Cook had fabricated evidence and used perjured testimony from Officer Ward, violating clearly established law.

People v. Kastman

335 Ill. App. 3d 87 · Appellate Court of Illinois · Oct 28, 2002

To this end, “ ‘ “ [w]here the spirit and intent of the General Assembly in adopting an act are clearly expressed and its objects and purposes are clearly set forth, courts are not bound by the literal language of a particular … Inasmuch as respondent is the party challenging the constitutionality of a statute, he bears the burden of clearly establishing the constitutional violation. See People v.

Schuring v. Cottrell, Inc.

244 F. Supp. 3d 721 · District Court, N.D. Illinois · Mar 27, 2017

Gernon does not so clearly state, as Cottrell’s argument suggests, that he failed to conduct any risk-utility analysis. … Rathér, that responsibility remains with the plaintiff, who must establish sufficient risk-utility evidence in the record.

Volk v. Coler

638 F. Supp. 1540 · District Court, C.D. Illinois · Jul 8, 1986

Even under a lenient standard of causation, and more clearly under a strict “but for” test, Plaintiff’s proof does not establish the critical elements of causation and personal involvement with respect to Coler. … Clearly women are such as class; the mere fact that the Plaintiff is a woman does not, however, establish class-based animus.

Mertes v. Village of Mt. Prospect

2024 IL App (1st) 221787 · Appellate Court of Illinois · Mar 27, 2024

The issues in the Village’s appeal are whether the hearing officer clearly erred in concluding that (1) Mertes’s disability was the result of injuries sustained while responding to emergencies, therefore qualifying him … ¶ 27 Often, whether the injury satisfies section 10(b) is not in dispute, and eligibility is established simultaneously with the determination that the injury was catastrophic.

Park Avenue Lumber & Supply Co. v. Nils A. Hofverberg, Inc.

76 Ill. App. 2d 334 · Appellate Court of Illinois · Oct 27, 1966

While the language of some of the cases cited by defendants-appellants affords a semblance of authority for their position, it clearly cannot be literally applied. … Evanston Bus Co., 27 Ill2d 609, 190 NE2d 348 , and the policy enunciated by the court there clearly establishes that the courts are not strictly bound by precedent in affording post-judgment relief, but rather may exercise

Ballog v. City of Chicago

980 N.E.2d 690 · Appellate Court of Illinois · Oct 26, 2012

The City contended the photographs and the plaintiff’s testimony showed the gap was “clearly visible and any pedestrian walking along that portion of the crosswalk can see that part of the crosswalk was taken … According to the plaintiff, the photographs of record “clearly show that there simply was no -8-  other safe way for Plaintiff to cross the intersection other than by using

Anderson v. Vanden Dorpel

206 Ill. Dec. 245 · Appellate Court of Illinois · Jan 18, 1995

Thus, plaintiff stresses that any question regarding her ability to follow up on assignments clearly imputes her inability to do her job. … Furthermore, plaintiff maintains that the university’s fundraising results clearly show that she did follow up on assignments.

Nance

District Court, N.D. Illinois · Aug 8, 2026

Qualified immunity protects public 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 … at issue was clearly established at the time of the alleged violation.”

Lykowski v. Bergman

Appellate Court of Illinois · Sep 18, 1998

These allegations are vague and conclusory and fall short of the “clearly and with particularity” standard. … Therefore, a qualified privilege of a special kind was recognized under which a newspaper or anyone else might make such a report to the public.

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,