Case law

Bridgestone/Firestone, Inc. v. Doherty

284 Ill. App. 3d 360 · Appellate Court of Illinois · Nov 1, 1996

"An individual shall be ineligible for benefits for any week with respect to which it is found that his total or partial unemployment is due to a stoppage of work which exists because of a labor dispute at the factory, establishment … Where the same or substantially the same words or phrases appear in different parts of a statute, they should be given a consistent meaning unless a contrary legislative intent is clearly expressed. People v.

In Re Estate of Brooks

32 Ill. 2d 361 · Illinois Supreme Court · Mar 18, 1965

It seems to be" clearly established that the First Amendment of the United States Constitution as extended to the individual States by the Fourteenth Amendment to that constitution, protects the absolute right of every individual … The decisions which have held the conduct complained of immune from proscription involve no such public injury and no danger thereof.

Beelman Truck Co. v. Cosentino

253 Ill. App. 3d 420 · Appellate Court of Illinois · Dec 14, 1993

App. 3d at 426 , 584 N.E.2d at 164 ) clearly applies in this case. Thus, Beelman is entitled to a tax exemption under section 2a for the escort trucks. … In the instant case, the well-pleaded facts before the trial court established that the primary purpose of the plastic liner and the escort trucks was the prevention and reduction of pollution.

The People v. Brown

30 Ill. 2d 297 · Illinois Supreme Court · Jan 22, 1964

While the sentence imposed was severe, the jurors had been qualified to impose the death penalty and were reminded of this fact by the prosecution in closing argument. … The proof established a wanton, vicious killing, and defendant’s guilt was clearly demonstrated. For the reasons given, the judgment of the criminal court of Cook County is affirmed. Judgment affirmed.

Hunter v. Egolf Motor Co.

268 Ill. App. 1 · Appellate Court of Illinois · Jul 22, 1932

In holding an infant liable for his torts the law is solicitous not to impair the immunity given him against liability upon his contracts. … In the case at bar the evidence clearly establishes the fact that the automobile sold to appellee was not obtained by fraud but on the contrary was obtained as a result of a contract between the parties.

Prowell v. Twin Mills Lumber Corp.

79 Ill. App. 2d 401 · Appellate Court of Illinois · Feb 14, 1967

Gordon’s Transport is so clearly distinguishable on the facts as to require no further comment. “. . . reasonable inferences may be drawn by a jury from established facts, and a verdict may not be set aside merely because … Nor does the fact that plaintiff qualified his testimony as to the identity of the vehicle in the manner above set out preclude the jury’s finding that this was, in fact, the truck involved in the occurrence.

Leone v. United States

District Court, S.D. Illinois · May 9, 2025

Pursuant to § 1915(e)(2)(B), the Court may dismiss a case or deny an otherwise qualified plaintiff leave to proceed IFP, if the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages … against an immune defendant.

Dayan v. McDonald's Corp.

125 Ill. App. 3d 972 · Appellate Court of Illinois · Apr 16, 1984

Clearly, Maycock satisfied Dayan’s request for a French-speaking operations man to run his training program. … To suggest, as plaintiff does, that an opposite conclusion is clearly evident is totally without merit.

Legal Process Service, Inc. v. Ward

165 Ill. App. 3d 83 · Appellate Court of Illinois · Jan 14, 1988

To qualify as a process server, an individual must be of legal age and not a party to the suit for which he is serving process. In addition, a process server must be court-appointed. … Similarly, in the present case we need not discuss the first requirement of the Act, namely, the issue of LPS’s control over the individual process servers, as it is our opinion that the evidence clearly demonstrates that

Holten v. Syncreon North America, Inc.

432 Ill. Dec. 510 · Appellate Court of Illinois · May 31, 2019

Moreover, plaintiff contends, Android failed to establish the existence of a borrowed-employee relationship and thus was not entitled to immunity under the Act. ¶ 31 A. … ¶ 45 In reversing, we rejected Exelon’s argument that it was entitled to immunity as the agent of ENS, because Exelon failed to establish that ENS had any right to control Exelon. Id. ¶ 9.

Zeitz v. Village of Glenview

304 Ill. App. 3d 586 · Appellate Court of Illinois · Apr 5, 1999

Our review of the record shows that the trial court was not clearly erroneous in finding that plaintiffs failed to establish by clear and convincing evidence that the R-E zoning classification was arbitrary and capricious … As the trial court stated, “the mistakes of the past do not justify destruction of the remainder of the historic Grove.” 2 The trial court was not clearly erroneous in finding that plaintiffs failed to establish by clear

Bart v. Department of Law Enforcement

52 Ill. App. 3d 487 · Appellate Court of Illinois · Sep 19, 1977

Bart struck Kresse and told him he would have the bar closed in 15 minutes and that the establishment would be harassed every night and then left. … The content of Bart’s argument clearly shows that he is challenging the standards as overboard rather than vague.

Kenley v. Bryan

110 Ill. 652 · Illinois Supreme Court · Sep 27, 1884

John Kenley, a brother of the widow, at the February term, 1878, of the county court, was appointed administrator of the estate, and qualified, and entered upon the duties of the office. … This is clearly broad enough to embrace the remainder after the termination of a life estate of a dowress.

Burrows v. Palmer

5 Ill. 2d 434 · Illinois Supreme Court · Mar 24, 1955

Palmer do not constitute the corpus of the trust estate established by Mary F. … a trust in his favor, but also in a proper case by establishing an implied trust. * * * Equity will not compel a trustee to take upon himself the burdens of a trust; but where the trust has been declared or established or

Evison-Brown v. The City of Harvey

District Court, N.D. Illinois · Nov 20, 2018

Defendants next argue that, even if excessive force were used, they are entitled to qualified immunity. … 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 person would have

Stimac v. DEPT. OF TREASURY, BUR. OF ALCOHOL

586 F. Supp. 34 · District Court, N.D. Illinois · Apr 16, 1984

. § 552a(j)(2), qualifies as a withholding statute within the meaning of Exemption 3 of FOIA. … The record thus indicates that the system of records containing the ATF files sought by Stimac clearly meet the first two requirements necessary to qualify under Privacy Exemption (j)(2).

Martino v. Family Service Agency

112 Ill. App. 3d 593 · Appellate Court of Illinois · Dec 9, 1982

“Psychiatrists, psychologists, and other mental health professions are required to exercise due skill and care in conformity with that ordinarily exercised by qualified professionals in their respective fields.” 20 Proof … Leir and those other cases were decided on the issue of whether social workers employed by governmental units had sovereign immunity.

People v. Cortez

402 Ill. App. 3d 468 · Appellate Court of Illinois · Jun 22, 2010

Clearly counsel had a strategy and having Martinez testify, for whatever reason, did not coincide with that strategy. … Furthermore, the autopsy report was not admitted to establish or prove some fact at trial and did not lend itself to establishing defendant’s guilt or innocence.

Bricklayers Union Local 21 v. Edgar

922 F. Supp. 100 · District Court, N.D. Illinois · Mar 29, 1996

Thus, the unions rely on a statute to establish a right, but a statute is presumed not to create contractual rights. Pittman v. … The fundamental principle of sovereign immunity limits the grant of judicial authority in Art. III. Id. at 98 , 104 S.Ct. at 906-07 .

Johnsen v. Board of Trustees of Southern Illinois University

47 Ill. Ct. Cl. 261 · Court of Claims of Illinois · Jan 13, 1995

While Claimant was not told to seek work elsewhere after his meeting with Dean Jacobitti, her memorandum clearly established that Claimant knew or should have known of the uncertainty of his position as early as May of 1983 … She clearly indicated that no positions would be created.