Case law

People v. Lewis

105 Ill. 2d 226 · Illinois Supreme Court · Nov 30, 1984

The record does not clearly establish whether Kinser received the laboratory report in question. … However, he received immunity in exchange for his testimony at the Lewises’ trial and at Willie T. Sangster’s trial.

People v. Parker

2019 IL App (3d) 160455 · Appellate Court of Illinois · Aug 12, 2019

The rules of evidence clearly show that this is not the case. ¶ 46 Foundation “is ‘evidence or testimony that establishes the admissibility of other evidence.’ ” People v. … There is no rule or statute mandating that such a foundation be established prior to trial, or that a witness be ruled qualified in a pretrial order.

In Re Marriage of Kehoe and Farkas

359 Ill. Dec. 477 · Appellate Court of Illinois · Mar 16, 2012

The parties clearly agreed upon a formula for calculating the pension apportionment during the time of dissolution. … These differences clearly demonstrate that the judgment in the case at bar was not "silent" in regard to the method of pension apportionment.

Toftoy v. Rosenwinkel

356 Ill. Dec. 267 · Appellate Court of Illinois · Nov 17, 2011

We conclude that they did not and that, therefore, the Act's immunity provision is not triggered. … If the legislature intended to condition the Act's qualified immunity on alterations in the "character" of the surrounding area, and not on "any" changed conditions in the surrounding area, it could have expressed such an

Meeters v. Windmill City Entertainment, Inc.

2025 IL App (2d) 240137-U · Appellate Court of Illinois · Mar 12, 2025

Because the plaintiff failed to establish such notice, the court upheld the grant of summary judgment for the rink operator. Tomczak, 315 Ill. App. 3d at 1041. … The issue was not whether that designated floor supervisor was qualified for that role or performed competently.

Parker v. House O'Lite Corp.

324 Ill. App. 3d 1014 · Appellate Court of Illinois · Aug 22, 2001

. •14 Once a defendant has established a qualified privilege, a communication is actionable only if the plaintiff can show the defendant abused the privilege. Vickers, 308 Ill. App. 3d at 404 . … Additional evidence established that only the legal department was consulted on this particular matter.

Goral v. Kulys

21 N.E.3d 64 · Appellate Court of Illinois · Oct 30, 2014

Whether Defendant's Acts Were in Furtherance of His Political Rights ¶ 36 The parties agree that the first prong is established in this case. … We conclude that defendant has met his burden with respect to the second prong of immunity under the Act.

Mason v. Peabody Coal Co.

320 Ill. App. 350 · Appellate Court of Illinois · Oct 25, 1943

It is also equally established that the owner of the surface may, either in the deed conveying the mineral rights or by separate contract, agree to waive and release all damages caused by the loss of subjacent support. … Instead of specifying particular damages and injuries, it purports to give a general release of “all” claims, and the general character of the language used is not in any way qualified or' restricted by any other language

Pogodzinski v. Village of Skokie IL

District Court, N.D. Illinois · Sep 30, 2019

Twanski further intimates that the claims against him should be dismissed because he is entitled to qualified immunity. … “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.”

Newberry v. Bowen

26 Ill. App. 645 · Appellate Court of Illinois · May 31, 1888

and have the same jurisdiction as other justices of the peace, and hold his office for four years, and until his successor is elected and qualified.” … This clearly was the view taken by the Legislature in passing the statute above quoted in relation to the election of police magistrates in villages organized under the general law, where is provided that such magistrates

The People v. Robinson

14 Ill. 2d 325 · Illinois Supreme Court · Sep 18, 1958

Baker, 8 Ill.2d 522, 524 , that a defendant may tender a limiting, qualifying or cautionary instruction as to the status of a court’s witness, it is our opinion that the instruction tendered in this case was properly refused … Instructions 7, 8 and 9, all in the same language but each specifically naming a different witness called by the court, stated that if the jury found such witnesses were induced to testify by promises of immunity from punishment

People ex rel. Nelson v. Citizens Trust & Savings Bank

272 Ill. App. 444 · Appellate Court of Illinois · Nov 21, 1933

its constitutionality.’ ” The reply brief indicates clearly that appellant now realizes the importance of the Trust Companies Act in the determination of this appeal. … The words “or deposit as hereinbefore provided,” and also the words “such deposit,” used in section 8, clearly relate to the term “deposit” in section 2.

Henderson County Retirement Center, Inc. v. Department of Revenue

237 Ill. App. 3d 522 · Appellate Court of Illinois · Nov 17, 1992

The Revenue Act clearly provides for such proration: “The purchaser of real property on January 1 shall be considered as the owner on that day. … Obviously not every lease qua lease will qualify for exemption. [Citations.]

Anderson v. Bowen

647 F. Supp. 1453 · District Court, N.D. Illinois · Nov 18, 1986

However, § 4.04 clearly states that the results of an acceptable treadmill test are to be given priority in ascertaining the severity of a cardiac disorder. … As established earlier, such a treadmill test was taken by the plaintiff and showed her impairments were not severe enough to qualify under the listing.

Grimes v. County Of Cook

District Court, N.D. Illinois · May 24, 2022

Qualified Immunity “Qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory … Judkins’s reply brief suggests that only Supreme Court decisions can clearly establish the law for purposes of qualified immunity. Doc. 142 at 4 n.1.

People v. Tuson

49 N.E.3d 961 · Appellate Court of Illinois · Feb 22, 2016

However, any belief that defendant may have had that the federal use immunity agreement protected him against state murder charges was unreasonable because his conduct clearly violated the terms of the federal … Murder and attempted murder qualify as prohibited criminal activities, and the record does not show that any federal agent or United States Attorney authorized defendant’s participation in those illegal activities

Muni v. Immigration & Naturalization Service

891 F. Supp. 440 · District Court, N.D. Illinois · May 19, 1995

Under the INS’ view, membership on a major league team does not by itself qualify an athlete as one having extraordinary ability, though it may help to establish that the athlete meets several of the criteria listed. … Yet the INS did not explain why the articles did not qualify as proof of Muni’s ability.

METRO. WATER RECLAMATION v. Civil Serv. Bd.

358 Ill. App. 3d 347 · Appellate Court of Illinois · Mar 1, 2005

The list comprised three categories: category A (exceptionally well qualified), category B (well qualified), and category C (qualified). Wysocki placed in category "C." … An employee's ranking on a certified eligible list created from the results of a competitive promotional examination establishes the employee's ability to perform the job. IV.

Lumpkin v. Brown

898 F. Supp. 1263 · District Court, N.D. Illinois · Sep 13, 1995

Within that framework plaintiffs have the initial burden of establishing a prima facie case of age discrimination. … Lehman, 453 U.S. at 168-69 , 101 S.Ct. at 2705 -2706 has confirmed that "Congress did not depart from its normal practice of not providing a right to trial by jury when it waived the sover *1272 eign immunity of the United

Church v. State

251 Ill. App. 3d 942 · Appellate Court of Illinois · Nov 15, 1993

Church demonstrates an acceptable level of expertise to qualify to sit for the examination.” … Clearly, the legislature intended the Department to consider such factors. Second, the agency did not fail to consider an important aspect of the problem. The Department considered all of the experience presented to it.