Case law

Sobczak v. General Motors Corp.

373 Ill. App. 3d 910 · Appellate Court of Illinois · May 23, 2007

Parameters are established for the operation of the muffler, which is a pass-through vessel. … Further, Sobczak urges, Colver would have established the proximate cause of the fire.

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.

In re Estate of Muldrow

343 Ill. App. 3d 1148 · Appellate Court of Illinois · Oct 10, 2003

Ronald further alleged that Charles was not qualified to act as executor because he was a felon. … When construing a statute, we must begin with the presumption that the statute is constitutional, and the party challenging a statute has the burden of clearly establishing any constitutional invalidity.

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.

State Farm Fire & Casualty Co. v. Kiszkan

346 Ill. App. 3d 292 · Appellate Court of Illinois · Feb 17, 2004

on her own initiative qualified Matricard for the multicar discount. … the PLUí^ and the question of the source of the misrepresentation of the relation between Kiszkan and Matricard is immaterial to the coverage provided by the PLUP Although the responsibility for the misrepresentation is clearly

Blank v. Swan

487 F. Supp. 452 · District Court, N.D. Illinois · Mar 25, 1980

First, he claims that he is absolutely immune from liability arising out of any defamatory statements made by him. … While Swan’s position would seem to entitle him to invoke the immunity defense established by Blair v. Walker, 64 Ill.2d 1 , 349 N.E.2d 385 (1976), and its progeny, see, e. g., Ware v.

Dynak v. Board of Education of Wood Dale School District 7

2020 IL 125062 · Illinois Supreme Court · Apr 7, 2021

The lead opinion has also adequately set forth our long-established principles of statutory construction. To a large extent, I agree with the lead opinion. … Clearly, the legislature could not have intended this.

Teague v. Armstead

82 F. Supp. 3d 817 · District Court, N.D. Illinois · Mar 10, 2015

Defendants also maintain that Officer Armstead is entitled to qualified immunity because the undisputed facts show no constitutional violation occurred. … Teague also argues that qualified immunity is unavailable to Officer Armstead, that the negligent spoliation claim should be allowed to proceed, and that the destruction of evidence creates an adverse inference against Defendants

Davis v. Retirement Board of Policemen's Annuity Fund

30 Ill. App. 3d 318 · Appellate Court of Illinois · Jun 24, 1975

A statute is presumed to be valid and the burden is upon the party challenging the statute to establish its constitutional invalidity. (Jaris v. … Judicial interference in the legislative function of establishing classifications is warranted only where the legislative action is clearly unreasonable.

National Fire Insurance Company of Hartford v. Kilfoy

Appellate Court of Illinois · Aug 13, 2007

Weller were not clearly defined and that, as a result, Weller evaluated and advised patients who should have been evaluated and advised by Sondheimer. … properly advised by Weller; (6) scheduling surgeries in such a manner to discourage patients from seeking additional preoperative advice from Sondheimer; (7) failing to require written consent by patients; and (8) failing to establish

Galindo v. Riddell, Inc.

107 Ill. App. 3d 139 · Appellate Court of Illinois · Jun 17, 1982

Torg’s conclusions were clearly based on hearsay statements. … Clearly, the plaintiff’s physical condition was at issue and the defendant should have been allowed to question the plaintiff’s treating physicians without any privilege limitation.

Dashney v. Hayes

267 Ill. App. 420 · Appellate Court of Illinois · Jun 24, 1932

Louis, in 1919, adopted the commission form of government; that a city court was established in 1875 for said city; that in 1930, Silas Cook and William F. … This clearly excludes any suggestion that they may be elected by the city council.

Schimandle v. DeKalb County Sheriff's Office

District Court, N.D. Illinois · May 16, 2023

Qualified Immunity Det. Duehning is also entitled to qualified immunity. Pearson v. Callahan, 555 U.S. 223, 231 (2009). … A court not only can address qualified immunity based on the pleadings, but sometimes must grant qualified immunity at this stage. Doe v. Vill. Arlington Heights, 782 F.2d 911, 916 (7th Cir. 2015).

Silverstein v. Brander

317 Ill. App. 3d 1000 · Appellate Court of Illinois · Dec 11, 2000

The judge read into the record the portion of the deposition that he took to establish the lack of familiarity: “Q. … The Cook County Circuit Court Rules of Practice clearly provide for adequate notice to be given to a party before that party is called upon to defend against a motion for summary judgment.

In re Marriage of Hendry

Appellate Court of Illinois · May 12, 2011

Loree sought a qualified domestic relations order (QDRO) to enforce the MSA. … However, nothing on page 16 of the document at issue established that Michael was vested and nothing established that Michael knew that he was vested.

Bartholome v. Phillips

311 Ill. 600 · Illinois Supreme Court · Apr 14, 1924

In a qualified sense that is correct, but, especially in a will contest, the bare statement of the rule without any qualification is misleading. … All the law governing the issue tried could be stated much more clearly in a few instructions than in a large number.

People v. Crawford

23 Ill. App. 3d 398 · Appellate Court of Illinois · Nov 6, 1974

We agree and hold that the testimony heard on the motion to suppress clearly supports the trial judge’s finding of probable cause, and that the officers clearly had reasonable grounds to believe that an offense was being … Defendant’s argument in this regard is clearly without merit.

Claudy v. Commonwealth Edison Co.

255 Ill. App. 3d 714 · Appellate Court of Illinois · Nov 18, 1993

Clearly, the court has jurisdiction on this issue.” … The court held that the Minnesota rule, which was established in Lambertson v.

Evergreen Real Estate Services, LLC v. Hanover Insurance Co.

2019 IL App (1st) 181867 · Appellate Court of Illinois · Nov 4, 2019

Hanover Insurance argues that the RLTO qualifies as a “local consumer protection law.” … Here, there is room for reasonable disagreement about whether the RLTO qualifies as a “consumer protection law.” ¶ 26 To say that the RLTO is clearly and unequivocally a consumer protection law, we would

People v. Starks

2020 IL App (3d) 180147-U · Appellate Court of Illinois · Oct 22, 2020

¶ 20 Additionally, King’s actions do not qualify as intercepting the videos in question. … “Waiver of a constitutional right is valid only if it is clearly established that there was ‘an intentional relinquishment or abandonment of a known right ***.’ ” People v.