Case law

Bond v. Aguinaldo

256 F. Supp. 2d 810 · District Court, N.D. Illinois · Apr 17, 2003

Bond seeks injunctive relief ordering that he be “schedule[d] to see medical personnel with qualified expertise for his serious medical problems and conditions.” Dr. Doughty and Dr. … Bond clearly alleges an ongoing violation of his Eighth Amendment rights, (Comply 3), Dr. Doughty and Dr. Gonzalez base their argument on the fact that there is no ongoing violation with respect to them; Mr.

Elk Grove Rural Fire Protection District v. City of Des Plaines

148 Ill. App. 3d 921 · Appellate Court of Illinois · Jul 18, 1986

The trial testimony established that the District did not employ firefighters. … Specifically, Des Plaines argues that the District could raise additional revenue pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev.

Norris v. National Union Fire Insurance

Appellate Court of Illinois · Oct 17, 2006

While the majority recognized Jones had clearly marked an X in the space for rejecting uninsured motorist coverage, it concluded Jones could not make an informed choice to accept or reject since the offer was not made … It happened in Stallman where the court decided to reconsider the parent-child tort immunity rule. Stallman, 152 Ill. App. 3d at 689.

Lelewer & Son v. Industrial Commission

33 Ill. 2d 118 · Illinois Supreme Court · Sep 28, 1965

He said he considered the electrocardiogram taken on July 8 to be within normal limits without any other qualifying conditions, that the electrocardiogram taken on July 11 shows some change and that the cardiogram taken on … The record shows a conflict of medical opinion as to whether the employment of July 1 was a causative factor of the heart attack which was clearly manifested for the first time by the electrocardiogram taken on July 15.

Johnson v. Loyola University Medical Center

Appellate Court of Illinois · Jun 26, 2008

App. 3d 901, 910-11 (1996). “ ‘This is clearly a very difficult standard to meet, limiting the power of the circuit court to reverse a jury verdict to extreme situations only.’ ” Jones v. … This court upheld the entry of a judgment n.o.v. on the basis that the experts’ opinions failed to establish proximate cause.

Snitzler-Warner Co. v. Stein

234 Ill. App. 392 · Appellate Court of Illinois · Oct 7, 1924

If that be so, then Stein by the issuance of said certificate was a legally qualified stockholder of the company, and as such was entitled to purchase increased capital stock of the corporation by the note in question, provided … It is unnecessary to discuss the point, for wherever the burden of proof lay we think the evidence clearly establishes that the securities in question fell in Class “B,” and, therefore, were not subject to the provisions

Rankin v. Rankin

36 Ill. 293 · Illinois Supreme Court · Jan 15, 1865

He appointed, as his executors, his son and son-in-law, William Rankin and Joseph Beans, who duly qualified, and, in 1853, as such executors, sold said land at public auction, after advertising the sale by posting notices … Had it been, in terms, such bequest, it would have been the duty of the executors to distribute the fund to the legatees, and it clearly follows, from the principles above laid down, that they took by implication a power

Darling v. Charleston Community Memorial Hospital

50 Ill. App. 2d 253 · Appellate Court of Illinois · Jun 30, 1964

Compere is highly qualified. Colonna is authoritative. … Tbe trust funds of a charitable corporation are immune from liability for tbe torts of tbe corporation; except as to its trust funds, though, it is liable: Moore v. Moyle et al. (1950), 405 Ill 555, 92 NE2d 81 .

Holman v. Carey

District Court, N.D. Illinois · Sep 26, 2022

Alternatively, Carey submits he should be awarded summary judgment because he is protected by qualified immunity. … Qualified immunity protects public officials from being monetarily liable unless the evidence shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at

Town of Libertyville v. Bank of Waukegan

152 Ill. App. 3d 1066 · Appellate Court of Illinois · Feb 23, 1987

Section 4.02 of the Act permits townships which have been authorized by the voters to establish an open space program: “[t]o acquire by gift, legacy, purchase, condemnation in the manner provided for the exercise of the right … The statute clearly exempts real estate used for farming or agricultural purposes from condemnation.

Carrell v. Francona

12 Ill. App. 3d 180 · Appellate Court of Illinois · May 16, 1973

Kasky to be qualified as an expert in determining the causes of fires. Since the determination of whether an alleged expert is qualified is largely within the discretion of the trial judge (Garrett v. S. N. … The uncontradicted testimony of both the plaintiff and the defendant clearly establish these allegations to be fact.

Messino v. City of Elmhurst

District Court, N.D. Illinois · Sep 23, 2021

The factual disputes here also preclude qualified immunity, a defense that Krueger raises. [48] at 7–9. … In determining whether qualified immunity applies, courts ask: (1) whether an official’s conduct violated a constitutional right; and if so, (2) whether that right was clearly established at the time of the

Arellano v. Department of Human Services

402 Ill. App. 3d 665 · Appellate Court of Illinois · Jun 16, 2010

or whether as applied to the facts the rule of law is violated — will not be overturned on review unless clearly erroneous. … The question remains whether plaintiffs condition otherwise qualified as an “emergency medical condition.”

Church of the Little Flower v. US Bank

979 N.E.2d 106 · Appellate Court of Illinois · Nov 5, 2012

If the trust instrument’s language clearly expresses that intent, then we will adhere to that language unless contrary to law or public policy. Id. … Clearly, as US Bank contests this action aimed at terminating the trust, the cited provision of the Charitable Trust Act does not apply.

Napleton v. Ray Buick, Inc.

302 Ill. App. 3d 191 · Appellate Court of Illinois · Dec 11, 1998

as in Section 2 of Article IV provided with respect to determination of the adjusted Basic Rent, or by a sole appraiser likewise selected and qualified as in Section 2 of Article IV provided. … While the affidavits may establish that the parties intended something other than what the language in the contract suggests, the statements of these individuals do not establish a latent ambiguity allowing the court to rely

The People v. McCracken

30 Ill. 2d 425 · Illinois Supreme Court · Mar 18, 1964

However, neither the constitution of the United States nor that of the Sate of Illinois forbids all searches and seizures, but the prohibition is only against unreasonable searches and does not extend to immunity from search … as laid in order to safeguard the accused against double jeopardy. • Although the rule stated in Mosby applies in every burglary case, our action there in reversing and remanding does not control here, because Mosby is clearly

Gibrick v. Skolnik

254 Ill. App. 3d 970 · Appellate Court of Illinois · Sep 17, 1993

It is an opinion which we, being judges and not doctors, are not qualified to enunciate. … The trial court proceedings had in this case clearly indicated his incompetency to testify because he did not fulfill the second requirement of the Northern Trust case. The testimony established that Dr.

Blacke v. Industrial Commission

268 Ill. App. 3d 26 · Appellate Court of Illinois · Nov 28, 1994

A written document qualifies as "other evidence of indebtedness” when one need not resort to parol evidence to establish the vital elements of the agreement and when the document is of the same nature as those written instruments … But, the decision of the Commission here clearly evidences indebtedness on the part of employer and certainly does not need parol evidence to establish its elements.

Tapia v. City of Chicago

District Court, N.D. Illinois · Aug 7, 2019

d) Qualified Immunity Defendants contend that they are entitled to qualified immunity even if Tapia plausibly stated a claim against them. … “Qualified immunity shields government officials from liability under Section 1983 ‘for actions taken while performing discretionary functions, unless their conduct violates clearly established statutory or constitutional

People v. Valdez

2015 IL App (3d) 120892 · Appellate Court of Illinois · Sep 29, 2015

Thus, even if federal case law clearly establishes that theft and residential burglary are “crimes of moral turpitude” (as the majority asserts), it is not clear that the particular offense charged in this case … Because the removal statute at issue in this case does not clearly establish that the crime to which the defendant pled guilty was a deportable offense, I dissent from the majority’s judgment.