Case law

Dubin v. Michael Reese Hospital and Medical Center

74 Ill. App. 3d 932 · Appellate Court of Illinois · Jul 17, 1979

In Cunningham, the court stated: “Further, that providing blood for patients is not a hospital’s principal function clearly cannot determine, as maintained by defendant, whether it is engaged in the business of selling a … That there is no such immunity is supported by the following statement of the Cunningham court: “We have heretofore abolished charitable immunity insofar as that doctrine insulated not-for-profit hospitals from the consequences

Cwiertnia v. Zaborowski

192 Ill. App. 3d 841 · Appellate Court of Illinois · Dec 20, 1989

He was not qualified to do anything independently. … Cugell’s testimony established a question of fact as to whether Dr.

People v. Webber

2014 IL App (2d) 130101 · Appellate Court of Illinois · Jul 21, 2014

The court added, however, that “ ‘[a] literal interpretation is not controlling where the spirit and intent of the General Assembly in enacting a statute are clearly expressed, its objects and purposes are clearly … The Secretary is not required to issue a license to everyone who applies; the Secretary shall issue a license “to every qualifying applicant.” (Emphasis added.) 625 ILCS 5/6-110(a) (West 2012).

Pooler v. Cristman

145 Ill. 405 · Illinois Supreme Court · May 9, 1893

The will by Henry Pooler had been probated in the County Court, and his estate had been settled, and the reports of the executor and the receipts executed by the testatrix would show fully and clearly the amount the testatrix … We think the second clause of the instruction, considered alone, erroneous; but the- objectionable part of the instruction seems to be qualified by the last clause.

US BANK, NA v. Dzis

957 N.E.2d 1183 · Appellate Court of Illinois · Aug 3, 2011

Dzis does not have a fundamental right to have a sheriff, rather than a properly qualified private person, serve process on him, nor does he have a right to have the qualified person who serves him with process chosen by … Our supreme court delineated the principles applicable for statutory interpretation: *1193 "[W]hen the spirit and intent of the legislature are clearly expressed and the objects and purposes of a statute are clearly set forth

People v. Knox

121 Ill. App. 3d 579 · Appellate Court of Illinois · Jan 26, 1984

The defendant also states that Ganda was not qualified as an expert in this field. … Next, the defendant states that Officer Ganda was not qualified to testify as an expert in the field of bloodstain evidence.

Walradt v. Brown

6 Ill. 397 · Illinois Supreme Court · Dec 15, 1844

But these statutes may be considered as rather declaratory of what the common law was, than as establishing a new principle. … I do not think that the third instruction, which was given at the request of the defendant, and which seems to be contradictory to the second, so qualified it as not to mislead the jury.

Brettman v. Breaker Press Co.

2020 IL App (2d) 190817-U · Appellate Court of Illinois · Jul 15, 2020

They also asserted that the statements did not qualify as defamation per se. … See Northwestern Memorial Hospital, 2014 IL App (1st) 133008, ¶ 20 (“It is well established that ‘[r]eviewing courts are entitled to have the issues clearly defined, to be cited pertinent authorities and are not a depository

Penzin v. Stratton

26 Ill. App. 3d 475 · Appellate Court of Illinois · Feb 3, 1975

The evidence clearly establishes, and the plaintiff apparently concedes, that at the time of the accident Moduthagam was traveling with the green light-and Stratton went through a red light. … Moduthagam was a research physicist, but his attorney never sought to qualify him to give an opinion translating the skidmark length into miles per hour.

People ex rel. Miller v. Otis

74 Ill. 384 · Illinois Supreme Court · Sep 15, 1874

That qualifying phrase only occurs in the clause investing the county court with jurisdiction to hear the application, and directs that it shall proceed “ as near as may be, as upon application for judgment for State and … In addition to this, however, it is evident, if there were'no authority to collect, the affidavit would be wholly useless, sinde its sole office is to establish, prima facie, the delinquency of the" tax payer, and this requires

Nelson v. Quarles and Brady, LLP

997 N.E.2d 872 · Appellate Court of Illinois · Sep 30, 2013

This result, plaintiff contends, would have made Curia a majority owner and was “clearly contrary to the terms of the option.” … ¶ 42 The court also was clearly disturbed by the fact that Goldstein had engaged in fraud and felt compelled to point this out in its section 2-619 analysis: “The courts of Illinois have a long-established

Yates v. Chicago National League Ball Club, Inc.

230 Ill. App. 3d 472 · Appellate Court of Illinois · Jun 29, 1992

Defendant suggests that Caskey was not qualified to comment on the adequacy of the screen. The Cubs also assert that plaintiff repeatedly failed to establish a foundation for Caskey’s opinions. … Based on this record, the trial court could determine that Caskey was qualified to testify as an expert in this case.

Brauer Machine & Supply Co. ex rel. Bituminous Casualty Corp. v. Parkhill Truck Co.

318 Ill. App. 56 · Appellate Court of Illinois · Mar 2, 1943

Liability thereunder was established in the amount of $2,252.39. Settlement therefor was made through the machine shop’s carrier, the Bituminous Casualty Company. … The privileges and immunities clause of the Constitution, Sec. 2, Art.

Simovits v. Chanticleer Condominium Ass'n

933 F. Supp. 1394 · District Court, N.D. Illinois · Jul 26, 1996

Clearly, only the provisions relating to the “significant facilities and services requirement” were deleted. … In order to establish the requisite intent, the Association’s age verification procedures must be reliable.

Roche v. County of Lake

205 Ill. App. 3d 102 · Appellate Court of Illinois · Nov 6, 1990

This is a procedure clearly stated under the Sheriff’s Merit System Act (Sheriff’s Act) (Ill. Rev. Stat. 1981, ch. 125, par. 160). … Clearly, process servers, warrant officers and bailiffs do not occupy typical law enforcement positions.

Swearengin v. Board of Education of the City of Chicago

District Court, N.D. Illinois · Feb 24, 2025

Qualified Immunity The defendants also argue that Principal Barlow is entitled to qualified immunity because her conduct did not violate a clearly established constitutional right. … In the context of school bullying and a mother’s concerns for her child, that certainly qualifies as outrageous and would clearly cause any mother emotional distress.

Bordelon v. Chicago School Reform Board of Trustees

8 F. Supp. 2d 779 · District Court, N.D. Illinois · Jun 3, 1998

To succeed in a Section 1983 action, Plaintiff must establish that the conduct complained of was earned out under color of state law and that this conduct deprived him of rights, privileges or immunities guaranteed by the … Plaintiff's employment contract clearly created a contractual right of employment for the term of the contract.

North Chicago St. R. Co. v. Fitzgibbons

79 Ill. App. 632 · Appellate Court of Illinois · Jan 9, 1899

The only objection urged to this instruction is, that it omits the word credible as qualifying the corroborating evidence. … The application of the knowledge, observation and experience of the jury is clearly limited to the facts and circumstances in proof.

Virginia Surety Co. v. Northern Insurance

224 Ill. 2d 550 · Illinois Supreme Court · Jan 19, 2007

Stevens, 70 Ill. 2d at 46 (noting, “Although stated in terms of partial indemnity rather than contribution, the prayer for relief clearly seeks contribution based on the relative degree to which the employer’s misuse of the … This idea is bolstered by our statement in Braye that “an employer’s potential for tort liability exists unless and until the defense of the Workers’ Compensation Act is established.”

Illinois Industrial Home for the Blind v. Dreyer

150 Ill. App. 574 · Appellate Court of Illinois · Oct 25, 1909

Demarest, 7 Gray, 1 , the statute, after directing that the clerk and treasurer should be chosen annually, added that they should hold their offices until others should be chosen and qualified in their stead. … The office of treasurer of the plaintiff is clearly an office, not an employment. The property of the plaintiff is held in trust as the property of the state.