Case law

Johnson v. Rauland-Borg Corp.

961 F. Supp. 208 · District Court, N.D. Illinois · Apr 11, 1997

The Court will presume that Rauland-Borg satisfied its burden of establishing that the legal advice qualifies for protection under the attorney-client privilege, assuming the privilege has not been waived. … Jan. 26, 1995) (“[T]he advice that counsel gave during the course of the investigation relating to the investigation is clearly relevant and cannot be considered privileged.

Waterford v. Halloway

142 Ill. App. 3d 668 · Appellate Court of Illinois · Mar 25, 1986

Halloway’s performance never deviated from the standard of care expected of a reasonably well-qualified gynecologist. Rather, Dr. Bouer concluded that Dr. … Clearly, it was proper to permit defendant to explore Dr. Ashley’s assessment of the utility of the cultures.

Giegoldt v. Condell Medical Center

Appellate Court of Illinois · Apr 4, 2002

Generally, however, a hospital's failure to provide adequate restraints, including bed rails, can only be established by expert medical testimony. Therefore, these cases are treated as medical malpractice cases. … It appears at one point that the trial judge read section 2--622 aloud to clearly show what the statute required.

People v. Beil

76 Ill. App. 3d 924 · Appellate Court of Illinois · Sep 26, 1979

Accuracy of Radar The defendant next argues that the State failed to establish the accuracy of the radar device used by Trooper Hemann. … A review of the defendant’s offer of proof clearly shows that his knowledge of radar and radar devices is beyond that of the average person.

Holmes v. Curren

District Court, N.D. Illinois · Jun 12, 2018

Qualified Immunity Defense (Counts I and II) The Defendants also argue Counts I and II should be dismissed on qualified immunity grounds. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged

Morandi v. Heiman

23 Ill. 2d 365 · Illinois Supreme Court · Nov 30, 1961

Rausa, 2 Ill.2d 421 , have applied the principle of Laird to clearly preclude the counting of uninitialled absentee ballots. … he represents himself to be a qualified elector on such election day, they shall open the envelope containing the absent voter’s ballot in such manner as not to deface or destroy the affidavit thereon, or mark or tear the

United States v. Two Plastic Drums

761 F. Supp. 70 · District Court, C.D. Illinois · Apr 10, 1991

Summary judgment cannot be granted in favor of a party “who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof … Indeed, the court cited a Second Circuit case which held, “We do not believe a substance gains immunity from being a food additive merely because it also qualifies as a food.” Id.

Harco Holdings, Inc. v. United States

754 F. Supp. 130 · District Court, N.D. Illinois · Dec 21, 1990

(“Association Life”) qualified as a life insurance company for federal tax purposes for the 1978 taxable year. … CONCLUSION For the reasons discussed above, Harco has not established that it is entitled to judgment as a matter of law. Therefore, Harco’s motion for summary judgment is denied.

Brzowski v. Sigler

District Court, N.D. Illinois · Jun 26, 2020

"The doctrine of 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 … Thus, the availability of the qualified immunity defense turns on whether the relevant constitutional standard was "clearly established at the time of the alleged violation," from November 2015 through February 2017.

Stalzer v. Village of Matteson

14 Ill. App. 3d 891 · Appellate Court of Illinois · Oct 1, 1973

Curtis, Jr., a duly qualified real estate appraiser and consultant. … Defendant called Herman Tieri, a licensed broker and realtor, also qualified as an appraiser.

Department of Revenue v. Prestige Casualty Co.

68 Ill. App. 3d 988 · Appellate Court of Illinois · Jan 16, 1979

Clearly the distinction between Stubblefield and Stelle is the nature of the bonds in each case. … Revenue (1972), 51 Ill. 2d 1 , 280 N.E.2d 437 ), and the pleadings in these cases provide no basis for inferring the existence of such extraordinary circumstances of fraud or injustice as might call for removal of State immunity

Gray v. Agnew

95 Ill. 315 · Illinois Supreme Court · Mar 29, 1880

The rule is clearly stated by Chancellor Kent in the case of Rodriguez v. Hefferman, 5 J. Ch. … It should have been qualified by informing them that their consigning the goods to them for sale on commission would not have such an effect.

People v. Griffin

178 Ill. 2d 65 · Illinois Supreme Court · Sep 11, 1997

This information, read in a commonsense and realistic fashion, clearly established probable cause. Thus, defendant was not entitled to a Franks hearing. … In the present case, counsel’s performance was clearly a strategic decision.

The People v. Bowen

376 Ill. 317 · Illinois Supreme Court · Apr 15, 1941

These analyses of drinking water are made by chemists or bacteriologists and not by doctors nor by any one qualified to express any medical opinion. … On the other hand, we think the evidence clearly and satisfactorily establishes that the infection did come from that person and that the record, fully considered and properly construed, shows nothing at all to indicate any

Brems v. Trinity Medical Center

295 Ill. App. 3d 358 · Appellate Court of Illinois · Apr 3, 1998

The report must clearly identify “the reasons for the reviewing health professional’s determination that a reasonable and meritorious cause for the filing of the action exists.” 735 ILCS 5/2 — 622(a)(1) (West 1994). … The report indicates that the reviewing physician was a qualified health professional meeting the requirements of section 2 — 622 and that he had reviewed the medical records and other relevant matters pertaining to this

Picco v. Simon

80 Ill. App. 2d 277 · Appellate Court of Illinois · Feb 20, 1967

Plaintiff further contends that the intention of the legislature is clearly stated in the wording of the Act, and the “proviso” at the end of the Act, which states, “provided, however, that in the exercise of any of the powers … Doubler, 412 Ill 597, 107 NE2d 789 (1952), where it is said (p 600): “Provisos in a statute, being designed to qualify or limit what is affirmed in the body of an act, should be strictly construed.”

Ritz v. Neddermeyer

2024 IL App (1st) 231866-U · Appellate Court of Illinois · Jul 22, 2024

They additionally argued that they were immune from liability under the Tort Immunity Act. … ¶ 20 However, “[a]n indefinite statement will not qualify to support an action for fraud.” Marriage of Bower, 87 Ill.

Peterson v. Board of Trustees of the Firemen's Pension Fund

54 Ill. 2d 260 · Illinois Supreme Court · May 21, 1973

The position which the Board found to be available in the fire-prevention bureau is clearly service in the fire department. … He will remain a fireman as defined in the Code and as a fireman will be qualified to enjoy the benefits of the pension fund.

Greinke v. Chicago City Railway Co.

234 Ill. 564 · Illinois Supreme Court · Jun 18, 1908

Bundy, 210 id. 39;) but the declarations of the injured party made to a physician who has made an examination of such party with a view to qualify himself to testify as a witness, only, are not admissible. … Cox was therefore corroborative and cumulative of facts and conditions which had been clearly established by other competent evidence. In West Chicago Street Railroad Co. v.

Forbes v. Hubbard

348 Ill. 166 · Illinois Supreme Court · Apr 23, 1932

This not only clearly appears from the undisputed testimony of all of appellee’s witnesses but from the physical facts and the history of this property. … As has been more than once announced by this and other courts, the judgment of the legislative department will not be disturbed merely because the court, if it were establishing zoning districts, would not have established