Case law

People v. Parker

98 Ill. App. 2d 146 · Appellate Court of Illinois · Jun 27, 1968

It is within the trial court’s discretion to reopen a case and a court of review will not interfere with the exercise of this discretion unless it is clearly shown to have been abused. People v. … Immediately upon the close of the defense testimony he sought permission to call a more qualified witness.

People v. McKee

2014 IL App (3d) 130696 · Appellate Court of Illinois · Feb 9, 2015

*** clear that if the source of the information to the reporter is an attorney or a member of the staff of any of the attorneys involved in this matter, that the Supreme Court rules relative to discovery have clearly … In cases other than libel and slander cases in which an individual claims the qualified privilege, the party seeking the information can apply to the circuit court for a divestiture of the qualified privilege

Hartman v. City of Chicago

343 Ill. App. 103 · Appellate Court of Illinois · Mar 13, 1951

We have heretofore stated the established and definite meaning of the word “Patrolman.” … Plaintiffs ’ interpretation of the meaning and intent of the appropriation ordinance of 1948, is, in our judgment, clearly untenable.

Wenger v. Finley

185 Ill. App. 3d 907 · Appellate Court of Illinois · Jun 27, 1989

The party challenging the constitutionality of legislation bears the burden of “clearly establishing the constitutional violation.” Bernier, 113 Ill. 2d at 227 . … As discussed previously, the chief judge, and not the county treasurer, administers the fund, makes yearly disbursements to qualified DRCs, and establishes rules and standards pertaining to the operation of DRCs within the

MSA Realty Corp. v. State of Ill.

794 F. Supp. 267 · District Court, N.D. Illinois · Jul 7, 1992

It sought to accomplish this goal through enabling Illinois municipalities to create tax increment financing districts (“TIF districts”) in statutorily qualified areas within their boundaries. … By contrast, a plaintiff may bring an injunctive or declaratory action grounded on federal law against state officials as defendants and overcome the immunity of the Eleventh Amendment.

Duvall v. La Salle National Bank

177 Ill. App. 3d 770 · Appellate Court of Illinois · Dec 29, 1988

(a) Any of my farms in Illinois to be rented to my nephew, Leonard Duvall, if he survives me, or to a qualified tenant, if he does not survive me.” … Duvall’s will clearly reveals that her primary dispositive intention was the preservation of her residuary estate for the benefit of her husband, not the continuance of her nephew’s tenancy.

Kenny v. Interim General Superintendent of Schools

112 Ill. App. 3d 342 · Appellate Court of Illinois · Jan 4, 1983

The circuit court in the instant case made a finding that the establishment of branch schools does not violate the Code. … Stat. 1979, ch. 122, pars. 34 — 8.1, 34 — 8.2, 34 — 18, 34 — 84), the acts of the Board are not immune from judicial review when the actions are palpably arbitrary, unreasonable or capricious. (Richards v.

Stephens-Adamson Manufacturing Co. v. Fireman's Fund Insurance

257 Ill. App. 443 · Appellate Court of Illinois · May 14, 1930

App. 134 , it is said: “The witnesses were before the trial judge, who had the benefit of observing the witnesses and their demeanor while testifying, and was, other things being equal, better qualified to pass upon their … Kemper, 304 Ill. 303 , in which it was inter alia said: “Under the law and established rules of practice the conclusions of the trial judge should not be disturbed unless it clearly appears from the record that such conclusions

People v. Petitt

245 Ill. App. 3d 132 · Appellate Court of Illinois · May 20, 1993

Section 115 — 10(a)(2) “clearly mandates that the testifying witness hear the child’s remark personally.” (People v. Mitchell (1992), 228 Ill. App. 3d 917, 932 .) … Defense counsel attempted to qualify O’Riordan as an expert to render opinions on sexual abuse syndrome. His motion to qualify O’Riordan was refused by the court.

Paszkowski v. METRO. WATER RECLAMATION

213 Ill. 2d 1 · Illinois Supreme Court · Nov 18, 2004

Act (Tort Immunity Act) (745 ILCS 10/8-101 (West 1998)). … This term clearly includes defendant.

Rogers v. Provident Hospital

241 F. Supp. 633 · District Court, N.D. Illinois · May 13, 1965

Air Terminal Services, Inc., 85 F.Supp. 545 (E.D.Va.1949); clearly no violation of the Fourteenth Amendment is presented here. … It is elementary that in order to establish a violation of the Fourteenth Amendment, there must be “state action” which results in a deprivation of a right, *637 privilege or immunity protected by that Amendment.

People Ex Rel. Sherman v. Cryns

203 Ill. 2d 264 · Illinois Supreme Court · Feb 21, 2003

Statutes are presumed to be constitutional, and the party challenging the validity of the statute has the burden to clearly establish the constitutional invalidity. Arangold Corp. v. … We conclude that defendant has failed to satisfy her burden of clearly establishing that the provisions of the Act are unconstitutionally vague as applied to her.

Village of Chatham v. Springfield Airport Authority

2025 IL App (4th) 241112 · Appellate Court of Illinois · May 12, 2025

At issue, therefore, is how to define a qualifying municipality under section 3.1(3). ¶ 14 A. … But this merely demonstrates that if the legislature wanted to include the same language within section 3.1, it clearly knew how to say as much.

Lockport Area Special Education Cooperative v. Lockport Area Special Education Cooperative Ass'n

33 Ill. App. 3d 789 · Appellate Court of Illinois · Nov 28, 1975

These cases clearly establish that a school board, authorized by statute to dismiss and retain probationary teachers entirely in its discretion, may not delegate this power by agreeing to dismiss teachers only for just cause … It is an essential part of the Board’s public duty to use only the most qualified teachers for the education of the district children.

Kogucki v. Metropolitan Water Reclamation District

698 F. Supp. 2d 1026 · District Court, N.D. Illinois · Mar 17, 2010

That placed her in the “qualified” category with regard to the interviews; the lowest of three categories, below “exceptionally well qualified” and “well qualified.” (Def. St., ¶ 34; PL Res., ¶ 34). … Kogucki was really not as qualified as her competitors, they are hearsay.

Valfer v. Evanston Northwestern Healthcare

402 Ill. Dec. 398 · Illinois Supreme Court · May 19, 2016

On the other hand, if a physician could satisfy the statute’s exception to immunity simply by establishing a bylaws violation, the immunity would never apply because, according to plaintiff, the breach … itself would establish wilful and wanton misconduct.

Zebra Technologies Corp. v. Topinka

344 Ill. App. 3d 474 · Appellate Court of Illinois · Oct 27, 2003

This was established by a lease executed in 1995 and the purchase of a computer in 1995 which was paid by Domestic [ZDI] and International [ZII]. … The evidence established that Domestic and International had no payroll in 1994. The employment agreement did not commence until January 1, 1995. Mr.

White v. Harris

504 F. Supp. 153 · District Court, C.D. Illinois · Oct 9, 1980

The Secretary determined that plaintiff failed to establish entitlement to benefits under any of the applicable eligibility tests. … The statute clearly is unconstitutional.

Rock Finance Co. v. Central National Bank

339 Ill. App. 319 · Appellate Court of Illinois · Jan 10, 1950

Plaintiff argues that the term “business” qualifies the word ‘ ‘ day, ’ ’ and limits the number of hours therein to those during which the bank is open for the transaction of business with the public. … The term “business day” therein clearly refers to a non-holiday, and consists of a twenty-four hour period up to midnight.

Armstrong v. Mudd

655 F. Supp. 853 · District Court, C.D. Illinois · Feb 26, 1987

Nevertheless, where the public employer is insured for the misconduct of its employees, the issuing company waives the right to deny liability based upon any defense or immunity established by the legislature. … Apparently, the defendant municipalities had not procurred insurance and hence the immunity and defense waiver of K 9-103(c) was inapplicable. Nevertheless, the Court cited Stanton with approval.