Case law

McKibben v. Pioneer Trust & Savings Bank

365 Ill. 369 · Illinois Supreme Court · Feb 12, 1937

Mc-Kibben was duly admitted to probate and record and the bank therein named as executor qualified and entered upon its duties as trustee. … An estate will vest at the earliest possible time, and will be held to vest at the death of the testator unless some later time is clearly expressed in the will or appears by necessary implication. (Stevens v.

Oswald v. Hamer

73 N.E.3d 536 · Appellate Court of Illinois · Dec 22, 2016

lacked the ability to pay, and had qualified for the hospital’s charity program. … “To overcome this 10 No. 1-15-2691 presumption, the party challenging the statute must clearly establish the statute’s invalidity.” Id.

Scott Stainless Steel, Inc. v. NBD Chicago Bank

253 Ill. App. 3d 256 · Appellate Court of Illinois · Sep 7, 1993

customers to immunize itself from responsibility for its own lack of good faith or failure to exercise ordinary care. … Plaintiff argues that even if Natco had clearly established a legitimate claim unrelated to the current transaction, this would not evidence loss under section 4-403(3) of the UCC.

Coleman v. Retirement Board of the Firemen's Annuity

392 Ill. App. 3d 380 · Appellate Court of Illinois · Jun 19, 2009

The Board argues that Bertucci must be applied prospectively because it established a new principle of law. … impression the resolution of which was not clearly foreshadowed.

Fox v. Adams & Associates, Inc.

2020 IL App (1st) 182470 · Appellate Court of Illinois · Apr 22, 2021

Causation is not established if the basis for the discharge is valid and nonpretextual. … Moreover, several intervening events establish that retaliation was not a plausible motive for discharging her.

Chicago Title & Trust Co. v. Wheeler

119 Ill. App. 508 · Appellate Court of Illinois · Apr 5, 1905

These authorities would seem to indicate clearly that the author of Horner’s Probate Law is correct, when he says in section 171: “The powers of an executor before probate, at common law, were numerous. … Speaking of the person nominated as executrix, the court said: “The will had not been established, and it had not been decided that she had any right or claim to act as executrix of the estate.

Arts Club of Chicago v. Dept. of Revenue

334 Ill. App. 3d 235 · Appellate Court of Illinois · Sep 27, 2002

The Department contends, however, that review of the evidence related to the remaining Korzen factors establishes that the Club did not qualify as an institution of public charity. … clearly and convincingly that it was entitled to an exemption.

Studt v. Sherman Health Systems

351 Ill. Dec. 467 · Illinois Supreme Court · Jun 16, 2011

Specifically, the Hospital argued: "In exchanging `possess and apply the knowledge and use the skill and care ordinarily used by a reasonably well qualified' professional for `reasonably careful,' the I.P.I. … The record clearly shows, however, that professional negligence was not the only theory under which plaintiffs sought recovery from Sherman Hospital.

Pullman Construction Industries, Inc. v. United States (In Re Pullman Construction Industries, Inc.)

186 B.R. 88 · United States Bankruptcy Court, N.D. Illinois · Aug 30, 1995

N.D.Ill.1993) (Marovich, J.), appeal dismissed, 23 F.3d 1166 (7th Cir.1994), and pursuant to the subsequent enactment of 11 U.S.C. § 106 (effective Oct. 22, 1994), the United States cannot raise the defense of sovereign immunity … With regard to the fifth contested payment of $119,716.00, Pullman clearly designated that the payment was applicable to trust fund liabilities alone.

Citizens State Bank v. Johnson

130 Ill. App. 3d 925 · Appellate Court of Illinois · Jan 23, 1985

Plaintiff concedes that Illinois case law has clearly established the rule that estoppel does not apply to the State in the exercise of its taxing power “except under extraordinary circumstances.” Mobil Oil Corp. v. … This principle, while clearly important in some situations, does not render the statute vague in the instant case.

In Re Alschuler

388 Ill. 492 · Illinois Supreme Court · Nov 22, 1944

He refused to answer the questions propounded to him until he was granted immunity from prosecution under the Securities and Exchange Act. … After he was granted such immunity by the general counsel of the Securities and Exchange Commission, he testified.

Commonwealth Edison Co. v. Illinois Commerce Comm'n

2014 IL App (1st) 130544 · Appellate Court of Illinois · Jul 22, 2014

Instead, the party must show that the opposite conclusion was clearly evident. Abbott Laboratories, Inc. v. Illinois Commerce Comm’n, 289 Ill. … Furthermore, ComEd does not show that the opposite conclusion is clearly evident.

Murphy v. Siddiqui

District Court, S.D. Illinois · Mar 22, 2024

Qualified Immunity Crain claims that she is also entitled to summary judgment under a theory of qualified immunity, even if she was deliberately indifferent. … A state official such as Crain is protected by qualified immunity unless Murphy shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of

Leja v. Community Unit School District 300

979 N.E.2d 573 · Appellate Court of Illinois · Nov 6, 2012

for negligence under section 3-106 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/3-106 (West 2008)). … Additionally, in her brief, plaintiff argues that “the clearly worded warning on the crank itself, as well as the instruction manuals that accompanied the equipment,” were sufficient to put defendant on notice

Bickel v. City of Chicago

25 Ill. App. 3d 684 · Appellate Court of Illinois · Jan 23, 1975

public entity, the Reynolds decision outmodes cases decided before the 1965 enactment of the Tort Immunity Act. … Defendant here challenges the sufficiency of the evidence to establish the need for future medical care for plaintiff and his future employment disability.

Vanko v. Sheahan

278 Ill. App. 3d 302 · Appellate Court of Illinois · Feb 21, 1996

Section 3 — 7008 provides that appointments to the position of deputy sheriff shall be made from the ranks of those applicants "who have been certified by the Board as being qualified for appointment.” (55 ILCS 5/3 — 7008 … This clearly presents a factual issue which in turn begs the question, by whom is it to be resolved?

Navarro v. Fuji Heavy Industries, Ltd.

925 F. Supp. 1323 · District Court, N.D. Illinois · Apr 22, 1996

[the car] ..., Fuji ... failed to apply the knowledge and skill that was ordinarily used by reasonably well qualified engineers.” (Hales Aff. at 3.) … Fuji was not required to design and manufacture a car that was wholly immune to corrosion. Korando v. Uniroyal Goodrich Tire Co., 159 Ill.2d 335 , 202 Ill.Dec. 284 , 637 N.E.2d 1020 (1994).

Horsell Graphic Industries, Ltd. v. Valuation Counselors, Inc.

639 F. Supp. 1117 · District Court, N.D. Illinois · Jul 15, 1986

uphold immunity for arbitrators. … Therefore, the court cannot give defendants arbitral immunity. II.

Hamlyn v. ROCK ISLAND COUNTY METROPOLITAN

960 F. Supp. 160 · District Court, C.D. Illinois · Mar 21, 1997

The application form explicitly states: "WHO DOES NOT QUALIFY: [] Applicants whose sole disability is [] AIDS." … Cuomo, 743 F.Supp. 977, 996-97 (N.D.N.Y.1990), monetary compensation would most likely not have been available because of the defendants' claims of qualified immunity.

Ludlow v. Northwestern University

79 F. Supp. 3d 824 · District Court, N.D. Illinois · Feb 5, 2015

Because the Complaint does not clearly warrant a finding of preemption, the Court *835 will not dismiss with prejudice at this stage. B. … Qualified privilege is an affirmative defense that a plaintiff need not anticipate in his pleading; however, once qualified immunity has been identified, a plaintiff may overcome this challenge at the pleading stage by alleging