Case law

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.

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.

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.

Oleszczak v. DCFS

District Court, N.D. Illinois · Jul 16, 2018

“The doctrine of qualified immunity protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … and Folga’s decision to remove C.O. from Oleszczak’s care—are presently unclear, making it impossible to say whether a reasonable person in their shoes would have known that their conduct violated clearly established

Maxey

District Court, S.D. Illinois · Mar 27, 2026

“Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. … ) whether the right at issue was clearly established at the time of the alleged misconduct.

Forsberg v. Edward Hospital & Health Services

389 Ill. App. 3d 434 · Appellate Court of Illinois · Apr 8, 2009

Even if the section 2 — 622 report qualified as an affidavit under Rule 191(a), it did not meet all the requirements of the rule. The report referred to the medical records that Dr. … The section 2 — 622 report was pertinent to deciding whether the complaint alleged conduct that was within the tort immunity statute.

St. Vincent Memorial Hospital Corp. v. Shalala

827 F. Supp. 517 · District Court, C.D. Illinois · Jun 30, 1993

Vincent to MIL qualify as “capital-related” costs, the hospital may be separately reimbursed for such payments. … A qualifying license is one 'permitting a hospital to use a piece of depreciable equipment.

Yost v. Chicago Park District

17 F. Supp. 3d 803 · District Court, N.D. Illinois · Feb 19, 2014

Second, Human Resources arranges interviews with all qualifying candidates. (Id.) … those differ- *813 enees are so favorable to the plaintiff that there can be no dispute among reasonable persons of impartial judgment that the plaintiff was clearly better qualified for the position at issue.”

Doe v. Dilling

228 Ill. 2d 324 · Illinois Supreme Court · Apr 3, 2008

Kirk denied that he knew by 1997 that it was used to treat the immune system. … One treatment that Kirk felt “qualified” to recommend to Albert was chelation therapy. 10 Kirk and Betty had paid thousands of dollars for Albert’s medical treatment.

People v. Terry

177 Ill. App. 3d 185 · Appellate Court of Illinois · Dec 28, 1988

In the case at bar, defendant never clearly and unequivocally expressed a desire to proceed pro se. … Even if we adopt defendant’s analysis, the 1971 conviction would qualify as a Class X felony. A review of that conviction establishes that defendant used a knife while committing the rape.

Ghini v. Highwood-Highland Park Elementary School District No. 111

129 Ill. App. 3d 671 · Appellate Court of Illinois · Dec 28, 1984

The statute recites further that any military establishment situated within the boundaries of Illinois is “in this State,” even though the Federal government may exercise exclusive jurisdiction over the installation. … More importantly, an examination of the statutory enactments to which we have referred above establishes clearly (1) that the legislature has extended the voting franchise to persons residing on a military reservation located