Case law

Gordon v. County of Jackson

231 Ill. App. 3d 1017 · Appellate Court of Illinois · Aug 4, 1992

an order of the circuit court of Jackson County dismissing two counts of negligence against defendant, the County of Jackson, based on the special-duty exception to the Local Governmental and Governmental Employees Tort Immunity … It is well settled that a cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved which will entitle plaintiffs to recover. (Ogle v.

Daugherty v. Carnine

261 Ill. 366 · Illinois Supreme Court · Dec 17, 1913

Carnine was declared duly elected to the office of commissioner of highways, and he thereafter qualified and entered upon the duties of his office. On April 10 George A. Daugherty, W. I. Martin and J. B. … An unsworn answer filed where one under oath is required may be stricken from the files on motion, and this is well established chancery practice. (Daniell’s Ch. Pl. — 5th Am. ed. — 784; 1 Ency. of Pl. & Pr. 892.)

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.

Democratic Nat'l Comm. v. Russian Fed'n

392 F. Supp. 3d 410 · District Court, S.D. Illinois · Jul 30, 2019

Therefore, the DNC has not established closed-ended continuity. 30 2. … Hacking a computer network may qualify as trespass to chattels. Id. A "computer network" may qualify as a chattel because "computers ... are tangible personal property." Id.

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.

People v. Rodriguez

249 N.E.3d 564 · Appellate Court of Illinois · Apr 30, 2024

The defense argued that, if the ongoing investigation established probable cause to bring murder charges, pretrial detention could be reconsidered, but the current charges did not support such detention. … The defendant here was clearly charged with a qualifying offense under section 110-6.1(a)(6)(O)(ii) of the Code, and we reject his argument that the first time weapon offense program changed the nonprobationable nature

Andruss v. City of Evanston

68 Ill. 2d 215 · Illinois Supreme Court · Oct 5, 1977

Here the General Assembly clearly determined that the State had the exclusive power to regulate the licensing of real estate brokers and salesmen. … or limited the first one, but the intermediate act will be deemed to remain in force and to qualify or modify the new act in the same manner as it did the first.” 17 Ill. 2d 550, 555-56 .

In Re Marriage of Morreale

351 Ill. App. 3d 238 · Appellate Court of Illinois · Jul 16, 2004

In such event, any balance due and owing will be paid into a trust to be established by MARY ELLEN for the benefit of the parties’ children. … Mary Ellen argues that the agreement clearly shows that the payments are a property settlement and, therefore, are not income for tax purposes.

Lipman v. Board of Review

123 Ill. App. 3d 176 · Appellate Court of Illinois · Mar 30, 1984

We believe that the Board’s interpretation of Regulation 17F is clearly erroneous. … Even apart from the fact that virtually no one could qualify under the Board’s interpretation since, as counsel for the Board admitted at oral argument, most people are aware of the Act, the Board’s interpretation is too

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.”

Crittenden v. Illinois Workers' Compensation Comm'n

2017 IL App (1st) 160002WC · Appellate Court of Illinois · May 12, 2017

Suitable employment is employment in which the claimant is both able and qualified to perform. … As such, he was not qualified for the occupation of school bus driver.

Walczak v. General Motors Corp.

34 Ill. App. 3d 773 · Appellate Court of Illinois · Jan 8, 1976

In his comments, the author remarks that they are not admitted “unless they qualify as res gestae declarations.’’ … In this case, as in Tweedy, the evidence establishes that the injury resulted from a condition of the product, that the condition was unreasonably dangerous, and the evidence clearly supports the jury’s conclusion that the

Anderson v. Schneider

67 Ill. 2d 165 · Illinois Supreme Court · Jun 1, 1977

It does not appear unreasonable that a group purporting to form a new political party be required to determine that its candidates are qualified to run for the offices they seek. … To thus flout the legislative intent so clearly demonstrated by the explicit statutory provisions is violative of the established rules for the construction of statutes.

Robinson v. Greeley & Hansen

114 Ill. App. 3d 720 · Appellate Court of Illinois · May 11, 1983

In the instant case, defendant was not seeking to establish the financial interest of plaintiff’s witnesses. … These investments are clearly unrelated to plaintiff’s earning capacity after his injury.

Taylor v. Cox

153 Ill. 220 · Illinois Supreme Court · Oct 30, 1894

It is suggested that this instruction should have been so qualified as to hold that the power of a testator to dispose of his estate by will is subject to the payment of his debts. … This instruction was clearly erroneous, and was properly refused.

Carter v. Azaran

Appellate Court of Illinois · Jul 22, 2002

Defendant argues that the questions posed, in conjunction with the stipulated medical records, clearly demonstrate that the purpose of the questioning was to establish that, even after receiving adequate treatment of his … Because defendant failed to lay a foundation establishing either that Dr.

Bettis v. Marsaglia

2014 IL 117050 · Illinois Supreme Court · Jan 26, 2015

However, the court found that the case qualified for review under the public interest exception to the mootness doctrine. 2013 IL App (4th) 130145, ¶¶ 10-11. … . ¶ 10 We hold that petitioner’s issue and one of the two cross-appeal issues qualify for resolution under the public interest exception.

Christopoulos v. Trout

343 F. Supp. 3d 812 · District Court, E.D. Illinois · Sep 24, 2018

The party seeking summary judgment has the burden of establishing that there is no genuine dispute as to any material fact. See Celotex Corp. v. … The rule requires the party seeking to delay consideration of a summary judgment motion to establish that "it cannot present facts essential to justify its opposition." Fed. R. Civ. P. 56(d).

Martin v. Discount Smoke Shop, Inc.

443 F. Supp. 2d 981 · District Court, C.D. Illinois · Jul 5, 2006

Therefore, this court concludes that an assessment of Plaintiffs level of academic functioning clearly constitutes an “expert opinion.” … Plaintiff has not shown that either Ellington or Lewiekyj was qualified to make this assessment.

Chaney v. Yetter Manufacturing Co.

Appellate Court of Illinois · Aug 16, 2000

Clearly, Genie qualifies as a "loaning employer" under the Act. The issue in this case is whether Chaney's status as a loaned employee was properly decided as a matter of law. … By designating temporary employment agencies as "loaning employ ers," the Act merely establishes another party from whom the employee can seek workers' compensation recovery. 820 ILCS 305/1(a)(4) (West 1996) (establishing