Case law

Sun Electric Corp. v. Village of Prairie Grove

59 Ill. App. 3d 608 · Appellate Court of Illinois · Apr 26, 1978

The village was incorporated in 1973 and is substantially undeveloped, having few residences or commercial establishments within the corporate limits. … While we will not disturb the trial court’s finding as to whether the statutory requirements for disconnection were established by the evidence unless such determination is clearly contrary to the manifest weight of the evidence

People v. Pingelton

448 Ill. Dec. 818 · Appellate Court of Illinois · Aug 3, 2021

In addition, trial counsel’s clearly preferred trial strategy was to use the testimony of the physicians to attempt to undermine the testimony of both A.H. and K.S. … Clearly, if defense counsel was using the doctors in a similar manner as the State, defense counsel made a decision that was trial strategy to allow both physicians to give those opinions.

Jane Doe v. McHenry County College

District Court, N.D. Illinois · Aug 9, 2019

First, the individual Defendants argue that they are entitled to qualified immunity. “The qualified immunity doctrine provides defendants immunity from suit, not just a defense to liability.” Sebesta v. … Specifically, Defendants contend that “there is no clearly established right to continued education at a public community college, nor is there a clearly established right to follow a particular career.” [Id.]

Maxwell

District Court, C.D. Illinois · Sep 1, 2026

Therefore, the claims against the Missouri Defendants are hereby dismissed as Plaintiff has not met her burden to establish their minimum contacts with Illinois. … Qualified immunity is applied when the claims against the prosecutors arise from administrative or investigative conduct. Buckley v. Fitzsimmons, 509 U.S. 259, 272-74 (1993).

Carroll v. Community Health Care Clinic, Inc.

2017 IL App (4th) 150847 · Appellate Court of Illinois · Jun 22, 2017

¶ 18 Additionally, we note this court may affirm the circuit court’s granting of a motion to dismiss on any basis or ground established by the record, regardless of the circuit court's reasoning. Guinn v. … ¶ 32 Clearly, Dr. Pedersen and McGinnes were employees of OSF and not the Clinic, as OSF paid their salary, wages, insurance, benefits, and payroll related taxes.

Rulison v. Post

79 Ill. 567 · Illinois Supreme Court · Sep 15, 1875

Nor can we hold that this license to have other and higher branches taught empowers the directors to establish and main-, tain high schools, as they are denominated. … We are, therefore, clearly of opinion the General Assembly have invested school directors with the power to compel the teaching of other and higher branches than those enumerated, to those willing to receive instruction therein

Strader v. Snyder

67 Ill. 404 · Illinois Supreme Court · Jan 15, 1873

Hall, 1 Strange, 416, the principle is clearly recognized. … This was a departure from well established rules.

Mattuck v. DaimlerChrysler Corp.

366 Ill. App. 3d 1026 · Appellate Court of Illinois · Jun 30, 2006

A verdict is against the manifest weight of the evidence where the opposite conclusion is clearly evident or where the findings of the jury are unreasonable, arbitrary and not based upon the evidence. Redmond v. … The testimony established that plaintiff had the vehicle serviced no less than six times and that the steering wheel shook violently when he applied the brakes.

People v. Cortez

Appellate Court of Illinois · Mar 31, 2003

Thus, the record clearly shows that the State filed its motion to dismiss beyond the time limit set forth in section 122-5. … Hendrix , 54 Ill. 2d 165, 169 (1973), where it specifically stated that "section 7 does not provide a grant of immunity from prosecution as a sanction for its violation."

Mong v. McKenzie

District Court, N.D. Illinois · Nov 14, 2023

Finally, the defendants argue that they are entitled to qualified immunity. … Although it is prudent to address qualified immunity promptly, dismissing on such grounds at the motion to dismiss stage is inappropriate where ‘the existence of qualified immunity . . . depend[s] on the particular

Fennerty v. Board of Education

949 F. Supp. 2d 826 · District Court, N.D. Illinois · Jun 10, 2013

In addition, established due-process principles undermine Fennerty’s argument. … First, she says that the Shegog plaintiffs were just too greedy in arguing that they were completely immune from *834 layoffs, whereas she only wants a hearing in which to argue she is qualified and able to fill another vacant

Sterigenics U.S., LLC v. Kim

385 F. Supp. 3d 600 · District Court, E.D. Illinois · May 3, 2019

Courts have construed this language broadly to confer sovereign immunity upon the states, which "guarantees that an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens … Accordingly, both sovereign immunity and the lack of any federal question mandate dismissal of this action.

Shaw v. Miller

64 Ill. App. 3d 743 · Appellate Court of Illinois · Oct 10, 1978

Our review of this record conclusively establishes that Donald W. … This judicial award of damages was clearly not against the manifest weight of the evidence considering the scope and magnitude of that evidence. Donald W.

Sears, Roebuck & Co. v. Charwil Associates, Ltd. Partnership

371 Ill. App. 3d 1071 · Appellate Court of Illinois · Mar 8, 2007

Landlord will obtain and maintain in a reputable insurance company or companies qualified to do business in the City of St. … It further provided: “Landlord will obtain and maintain in a reputable insurance company or companies qualified to do business in the City of St.

Smith v. Allstate Ins. Corp.

24 F. Supp. 2d 870 · District Court, N.D. Illinois · Oct 23, 1998

Smith was not qualified to be promoted to the position of CCM because she lacked leadership skills. (Id. ¶ 91). Ms. … Smith has not alleged nor has she presented any evidence that Allstate had an explicit, clearly conveyed policy of discriminating against African Americans or *875 older persons in promotion decisions.

Trustees of Schools v. Cowden

146 Ill. App. 20 · Appellate Court of Illinois · Nov 24, 1908

are clearly distinguishable from the case at bar. … The amount of McIntyre’s defalcation and shortage as determined by the trial court is abundantly established by competent evidence in the record consisting of the several official reports made by him as township treasurer

In Re Chicago South Shore & South Bend Railroad

101 B.R. 10 · United States Bankruptcy Court, N.D. Illinois · Jun 16, 1989

It is the court’s opinion that they clearly had such interests while representing the CM & W. … This court is not inclined to measure a degree of disinterestedness or interestedness to see whether it is sufficient to qualify or disqualify.

Russo v. Boland

103 Ill. App. 3d 905 · Appellate Court of Illinois · Jan 8, 1982

paid out of plan assets to eligible employees and dependents; that the plan does not purchase a group insurance contract from an insurance company, nor does it offer insurance contracts to participants; that the trust fund qualifies … Clearly, the thrust of plaintiff’s complaint is to have the State court construe the Illinois Insurance Code so as to bring the Trust within its scope and regulation.

Waugh v. Morgan Stanley & Co., Inc.

2012 IL App (1st) 102653 · Appellate Court of Illinois · Mar 1, 2012

Levinson testified at deposition that Turek was a qualified pilot with many hours of flying experience in a Cessna 421B. … The answer to this question clearly requires an analysis of the educator’s conduct in providing educational services.

Board of Supervisors of Fulton County v. Mississippi & Wabash Railroad

21 Ill. 338 · Illinois Supreme Court · Jan 15, 1859

This strictness, perhaps, would not be required in our practice, yet we will require that the answer shall clearly indicate to what bill it is an answer. … We are clearly of opinion, the central division of the road is .■not entitled to the bonds, and accordingly reverse the decree ■entered in the cause.