Case law

Bosco v. Janowitz

388 Ill. App. 3d 450 · Appellate Court of Illinois · Feb 10, 2009

Orbeta complied with the standard of care for a reasonably well-qualified gastroenterologist. Doctors Orbeta and Barrett presented testimony that Dr. … Orbeta did not breach the standard of care for a reasonably well-qualified gastroenterologist. Therefore, the plaintiff has not established the necessary threshold to warrant a judgment notwithstanding the verdict.

Leibovitch v. Islamic Republic Iran

297 F. Supp. 3d 816 · District Court, E.D. Illinois · Feb 27, 2018

To be sure, that request is bound to turn up information about property that Argentina regards as immune. But NML may think the same property not immune. … Boeing offers a rather circular argument that Plaintiffs have "failed to provide any basis for doubting the accuracy or completeness of Boeing's extensive submissions establishing that this transaction will not result in

Brooke Inns, Inc. v. S & R HI-FI AND TV

249 Ill. App. 3d 1064 · Appellate Court of Illinois · Jun 21, 1993

Defendant claimed that the time and/or date the photographs were taken were never established. … Where a fire incident report clearly contains an opinion as to the cause of the fire, it is not admissible under the public records exception to the hearsay rule unless the author of the report is qualified as an expert.

People v. Gonzalez

151 Ill. 2d 79 · Illinois Supreme Court · Sep 24, 1992

The evidence adduced at trial in this case clearly established each of these elements. … Thus Hobbs is clearly distinguishable from the instant case.

Gunn v. Sobucki

352 Ill. App. 3d 785 · Appellate Court of Illinois · Oct 22, 2004

The appellate court concluded that the “decedent’s failure to give the Harans money does not qualify as an ‘event’ under the Act.” Smith, 273 Ill. App. 3d at 876 . … The event at issue in this case — the transfer of possession of the coin collection from Gunn to Robert — was already established and uncontested.

Feulner v. Gillam

211 Ill. App. 348 · Appellate Court of Illinois · May 15, 1918

But it will be clearly seen that where the debtor does have a good defense as against the beneficiary, a judgment in favor of the legal holder will afford him no protection. … That testimony was on the question as to whether another than the plaintiff was the beneficial owner, and was clearly hearsay as to the plaintiff.

People ex rel. Murphy v. Lippincott

67 Ill. 333 · Illinois Supreme Court · Jan 15, 1873

Under this act, relator was elected and qualified as judge of said Common Pleas court, held the office and performed the duties thereof until April 6, 1871, when, by act of the general assembly, the above mentioned act creating … They are both mere creatures of the legislature, under the proviso to section 1 art. 5, authorizing that body to establish inferior local courts of civil and criminal jurisdiction in the cities of this State.

South v. Federal Bureau of Investigation

508 F. Supp. 1104 · District Court, N.D. Illinois · Mar 10, 1981

It views the former as a general grant of a right of action for remedial relief and the latter as a special waiver of sovereign immunity raising additional jurisdictional requirements when damages are sought. … Under the plaintiff’s view, jurisdiction is appropriate once a violation has been established and the plaintiff is aggrieved by it.

United States v. Chicago Title and Trust Company

242 F. Supp. 56 · District Court, N.D. Illinois · Jun 10, 1965

Goodrich, president of Chicago Title, stated Chicago Title was qualified to transact business only in the State of Illinois, and not in the State of Missouri. … Chicago Title is not qualified under the Revised Statutes of Missouri §§ 381.010 to 381.200, and has not made the deposits with the Missouri Superintendent of Insurance as required by § 381.030.

Riggs v. United States

575 F. Supp. 738 · District Court, N.D. Illinois · Dec 19, 1983

statutory provisions as to “suffieien[cy]” and “last known address” would be both unnecessary and meaningless. 8 This ruling is all of a piece with the strict construction given to other statutes that waive the sovereign immunity … In short, Section 7609(b)(2) establishes a jurisdictional requirement, for it imposes a limit on suing the sovereign.

Haag v. Board of Education of Streator Elementary School District 44

2017 IL App (3d) 150643 · Appellate Court of Illinois · Jul 28, 2017

Relevant case law clearly establishes a legislative intent under the Code to distinguish between certified teachers and ESPs and to provide greater protections from lay-offs or reduction of hours to teachers … Absent such express statutory authority, we are not convinced that the Board in the instant matter is precluded from recalling the plaintiffs to any category of positions for which they are qualified, without

Huber v. Williams

338 Ill. 313 · Illinois Supreme Court · Feb 21, 1930

Appellant seeks to establish the delivery of the deed and asks its reformation so that the description will include lots 14 and 15. … The evidence not only fails to establish the delivery of the deed, but it also fails to show its acceptance by the grantee.

Illinois Beta House Fund Corp. v. Department of Revenue

382 Ill. App. 3d 426 · Appellate Court of Illinois · Apr 25, 2008

The clearly erroneous standard requires us to give some deference to the agency’s expertise and experience with the statute it is charged with administering. Rogy’s, 318 Ill. App. 3d at 770 . … In an attempt to establish that the fraternity is “assisting] the university’s mission,” it argues “the University actively pursues links with and supervises the fraternities on campus, including the [Illinois Beta Chapter

Highcrest Management Co. v. Village of Woodridge

60 Ill. App. 3d 763 · Appellate Court of Illinois · Jun 1, 1978

the *4.75 figure as applicable to an individual unit within the structure but which does not qualify or describe the latter phrase. … structures as collections of individual units expressed in article III with reference to water service fees was intended to be carried over into the section of the ordinance providing for fees for sewer service even though not clearly

City of Beardstown v. City of Virginia

76 Ill. 34 · Illinois Supreme Court · Jan 15, 1875

exposition of constitutions, statutes, and instruments in writing above declared, we do not feel at liberty to enter into the field of speculation, and essay whether we may not construe away the plain and obvious meaning of the clearly … a distinction made by the constitution between “ electors ” and “ qualified electors.”

People v. Plank

2018 IL 122202 · Illinois Supreme Court · Sep 11, 2018

Statutes are presumed to be constitutional, and “[t]o overcome this presumption, the party challenging the statute must clearly establish that it violates the constitution.” … However, “[i]f the plain language of the statute sets forth clearly perceived boundaries, the vagueness challenge fails, and our inquiry ends.” Bartlow, 2014 IL 115152, ¶ 42.

Mittelman v. Witous

135 Ill. 2d 220 · Illinois Supreme Court · Apr 9, 1990

App. 3d at 584 ), a plaintiff can always seek to establish a per quod action in an attempt to avoid the innocent construction rule by utilization of extrinsic facts to establish the defamatory nature of a statement not otherwise … There is no question that, with the exception of the term “fault,” Witous’ statement was clearly a statement of fact.

People v. Bourlet

52 Ill. App. 2d 437 · Appellate Court of Illinois · Nov 2, 1964

Defendant’s brief is primarily addressed to the contention that the state failed to establish that the defendant was sane at the time of the alleged crime. … In answer to this contention it appears to us that the trial court gave People’s instruction #14 and Defendant’s instruction #38 which adequately and clearly instructed the jury that upon presentation of an affirmative defense

Western Foundry Co. v. Industrial Commission

298 Ill. 593 · Illinois Supreme Court · Jun 22, 1921

Board at the request of either the employer or the employee, on the ground that the disability of the employee has subsequently recurred, increased, diminished or ended; and on such review, compensation payments may be re-established … The evidence taken on the petition for rehearing before the Industrial Commission indicates clearly that he was suffering at least as much,—if not more severely,—as he was at the time of the hearing before the arbitrator;

Potter v. Potter

306 Ill. 37 · Illinois Supreme Court · Dec 19, 1922

The estate so devised to the children was manifestly a contingent remainder under the well established rule that a gift to survivors which is preceded by a particular estate, at the expiration of which the gift is to take … An examination of those cases will show clearly by their context that it was not possible to otherwise construe the words “living heirs.”