Case law

Kirwan v. Lincolnshire-Riverwoods Fire Protection District

Appellate Court of Illinois · Jun 24, 2004

On March 7, 2001, decedent experienced an allergic reaction to walnuts while at Bar Louie, an establishment in Riverwoods. At 9:26 p.m. a 9-1-1 call was placed. … Taking plaintiff's well-pleaded facts as true, we cannot say that it clearly appears that plaintiff would not be entitled to relief under any set of facts.

People ex rel. Henderson v. Onahan

170 Ill. 449 · Illinois Supreme Court · Dec 22, 1897

It is, of course, true, that the construction of this section might be affected by other provisions of the constitution where statutes are enacted under them, such as section 20 of article 6, providing for the establishment … Unless, therefore, it clearly appears that the act in question is a local or special law in the sense those terms are used in the constitution, it is not in conflict with said section 22.

Doe v. Bobbitt

682 F. Supp. 388 · District Court, N.D. Illinois · Mar 23, 1988

In order to establish jurisdiction over pendent parties, it must be the case that (1) there is a federal claim of sufficient substance; (2) the federal and state claims are derived from a common nucleus of operative fact; … A federal claim of sufficient substance is one that is more than frivolous or clearly meritless. Goosby v.

Rezin v. Barr (In Re Barr)

194 B.R. 1009 · United States Bankruptcy Court, N.D. Illinois · Apr 3, 1996

Most significant, the evidence did not establish the assertion that Mr. … of the false impression created by Bozzano that he was qualified to build the house and was doing so competently.”

Friendship Medical Center, Ltd. v. Chicago Board of Health

367 F. Supp. 594 · District Court, N.D. Illinois · Nov 16, 1973

Clearly, they are not those of the individual plaintiff. Rather, they are the rights of his patients who are not parties to this suit. … (b) The Abortion Service shall be supervised by a physician in charge who shall be a qualified obstetrician or, in a service which does not have a qualified obstetrician, by a qualified surgeon.

Federal Trade Commission v. American Tax Relief LLC

751 F. Supp. 2d 972 · District Court, N.D. Illinois · Nov 24, 2010

“In order to establish that an act or practice is deceptive, the FTC must establish that the representations, omissions, or practices likely would mislead consumers, acting reasonably, to their detriment.” FTC v. … not qualify under IRS standard.”

Ferrari

District Court, S.D. Illinois · Jun 2, 2026

.1 Separately, the Madison County Defendants move to dismiss all counts against them on grounds of quasi-judicial immunity, qualified immunity, and failure to state a claim. … Under thesestandards, Judge Smith’s October 11, 2025 administrative order was clearly a judicial act.

Justice v. TOWN OF CICERO, ILL.

827 F. Supp. 2d 835 · District Court, N.D. Illinois · Oct 25, 2011

immunity shields Dominick from liability for damages; and (6) the Illinois Local Governmental and Governmental Employees Tort Immunity Act bars all claims for monetary relief. … City of Chicago, 651 F.3d 684 (7th Cir.2011), clearly implicates important constitutional rights. The Seventh Circuit, however, issued its decision in Justice’s previously case after the Supreme Court decided Heller.

The PEOPLE v. Nelson

40 Ill. 2d 146 · Illinois Supreme Court · Jun 21, 1968

The defendant’s argument flies in the face of the record which clearly shows that the defendant was identified as the purchaser independently of and uninfluenced by any viewing at the attempted lineup. … It is plain that the identification of the defendant could be said to have been established apart from and independent of the attempted lineup.

Traharne v. Wayne Scott Fetzer Co.

156 F. Supp. 2d 717 · District Court, N.D. Illinois · Jun 11, 2001

Pretrial motions are considered non-dispositive of litigation and are reviewed by the district court under the more lenient clearly erroneous standard. United States v. … Morse has qualified and testified as an expert witness in several federal and state courts.

Amos v. American Trust & Savings Bank

221 Ill. 100 · Illinois Supreme Court · Apr 17, 1906

We think the evidence clearly establishes that John E. Amos, Jr., and Rosalie G. Amos had notice of the mental incapacity of Joseph J. Miller at the time he executed said note and trust deed. … Miller when he left the State Bank of Chicago, and the record does not establish that the taxes and insurance for which John E.

People v. Curtis

7 Ill. App. 3d 520 · Appellate Court of Illinois · Sep 27, 1972

The height of the shorter man does not clearly appear from the record, but it appears that it was in the area of five feet seven inches to five feet nine inches. … We further pointed out that to hold otherwise would permit two or more persons to gain immunity from possession of marijuana by proving joint possession.

Gassman v. The Clerk of the Circuit Court of Cook County

71 N.E.3d 783 · Appellate Court of Illinois · Jan 17, 2017

Accordingly, statutory tort immunity does not apply. … -9-  No. 1-15-1738 immunity.

Charles v. Neigelsen

15 Ill. App. 17 · Appellate Court of Illinois · May 20, 1884

Certainly, before a construction involving such consequences should be adopted, it should so clearly appear from the language of the statute as to be unavoidable. … In these cases it is held that the principle of ea/veat emptor applies to the establishment of liens of this character.

People v. Washington

Appellate Court of Illinois · Aug 24, 2007

Ingram testified at trial only after receiving use immunity from the State. … Barnes was subsequently granted immunity from prosecution in exchange for his agreement to testify.

Hoth v. American States Insurance

753 F. Supp. 703 · District Court, N.D. Illinois · Oct 22, 1990

In order to claim a qualified privilege, the defendant must establish five elements. … Once the qualified privilege is established, it is the plaintiff’s burden to find malice. Myers, 11 Ill.App.3d at 569 , 297 N.E.2d 183 .

Citizens Party v. Illinois State Board of Elections

546 F. Supp. 1050 · District Court, N.D. Illinois · Aug 6, 1982

Specifically, a non-“established” organization that wishes to field candidates in some, but not all, of the races to be held in an election 3 must submit for each contest a petition “signed by qualified voters equaling in … Such entities must follow the nominating procedures governing established parties when selecting the candidates they wish to run in their “established” areas. 3 .

Gadlin v. Auditor of Public Accounts

414 Ill. 89 · Illinois Supreme Court · Jan 22, 1953

On the other hand, we have said that it is a question for legislative determination whether an evil exists and what means should be adopted to prevent it, and its acts will not be interfered with -unless they are clearly … plaintiff that section 4.1, in so far as it protects existing currency exchanges against new entrants into the community, violates the constitutional prohibition against laws which grant any special or exclusive privilege, immunity

Ritchie v. People

29 L.R.A. 79 · Illinois Supreme Court · Mar 14, 1895

What are the subjects of its exercise is clearly a judicial question.” The reasoning of the opinion in the Massachusetts case cited does not seem to us to be sound. … Where there is doubt as to whether the subject is clearly expressed in the title, the doubt should be resolved in favor of the validity of the Act.

Williams v. Athletico, Ltd

2017 IL App (1st) 161902 · Appellate Court of Illinois · May 26, 2017

This allegation clearly implicates a medical judgment. … The proof required to establish defendants’ liability is better left to the circuit court.