Case law

Courtney v. Board of Education

6 Ill. App. 3d 424 · Appellate Court of Illinois · Jun 28, 1972

The standards which must be applied in testing the sufficiency of a complaint are weU established. Section 33(1) of the Civil Practice Act (Ill. Rev. … While the certificates were still effective the Board gave another principal’s examination and issued another list of acceptable and qualified candidates.

DeVore v. McCombie

District Court, N.D. Illinois · Sep 22, 2025

Id. 4 Defendant argues in the alternative that qualified immunity shields her from suit for damages under Section 1983. … “Qualified immunity is an individual defense available to each individual defendant in his individual capacity.” Bakalis v. Golembeski, 35 F.3d 318, 326-27 (7th Cir. 1994).

Lynch v. City of N.Y.

335 F. Supp. 3d 645 · District Court, S.D. Illinois · Sep 28, 2018

Cox 's reasoning that the purpose of weeding out frivolous claims is served even if the individual is not detained when the action is filed would effectively excise the qualifying language "confined to a jail, prison, or … of arrest will, as a general matter," be immune from systemic constitutional challenges.

Scott Stainless Steel, Inc. v. N B D Chicago Bank

253 Ill. App. 3d 256 · Appellate Court of Illinois · Sep 7, 1993

its customers, to immunize itself from responsibility for its own lack of good faith or failure to exercise ordinary care. … Plaintiff argues that even if Natco had clearly established a legitimate claim unrelated to the current transaction, this would not evidence loss under section 4 — 403(3) of the UCC.

People v. Meadows

92 Ill. App. 3d 1028 · Appellate Court of Illinois · Jan 30, 1981

Although the accomplice remained 25 to 30 feet from Eubanks, he was clearly visible to her because the station service area was well lighted. … and convincingly established that the object could have been used as a bludgeon.

Colella v. JMS Trucking Co. of Illinois, Inc.

403 Ill. App. 3d 82 · Appellate Court of Illinois · Jul 22, 2010

The trial court denied that motion, finding that Brennan’s proffered experience qualified him as an expert. … They do not address the evidence that, even at the age of 61, the evidence established that Colella had a life expectancy of 21.5 years.

Lando v. City of Chicago

128 Ill. App. 3d 597 · Appellate Court of Illinois · Oct 30, 1984

The trial court found that plaintiff’s notice to the city failed to comply with the notice provisions of the Local Government and Governmental Employees Tort Immunity Act (Act) (Ill. Rev. … However, it was established that within one week of the accident Mounce had telephoned two aldermen and the mayor, informing them of the details of her accident and the name of the treating hospital.

Taylor v. STATE UNIVERSITIES RET. SYS.

203 Ill. App. 3d 513 · Appellate Court of Illinois · Jul 12, 1990

In order to obtain a judgment for attorney fees under this doctrine, it is necessary for an attorney to establish that (1) the fund with respect to which fees are sought was created as a result of legal services performed … SURS maintains a circuit court money judgment against SURS, in the amount of the fees which Taylor claims, would violate the doctrine of sovereign immunity.

Fenyes v. State Employees' Retirement System

17 Ill. 2d 106 · Illinois Supreme Court · May 22, 1959

It is conceded that the plaintiff would be entitled to the ordinary death benefit if decedent died while in service, but that she would not qualify for such benefit if he had effectually withdrawn from the service prior, … We further believe that the testimony of plaintiff’s medical witness failed to establish pre-existing incompetence on the part of Dr. Fenyes.

People ex rel. Rago v. Lipsky

327 Ill. App. 63 · Appellate Court of Illinois · Nov 6, 1945

Rago for succeeding elections so long as she shall. be otherwise qualified to register and vote or until her registration shall otherwise have been changed or modified pursuant to law,” Defendants appeal. … Neither of the parties has cited any Illinois decision directly in point, but the principle is clearly and fully established by the foregoing and other authorities cited in defendants’ brief, wherein the courts have under

Castillo v. Jackson

207 Ill. App. 3d 799 · Appellate Court of Illinois · Dec 21, 1990

Congress noted that legalization of qualified aliens such as plaintiffs “would allow qualified aliens to contribute openly to society and it would help to prevent the exploitation of this vulnerable population in the work … Legalization of a qualified alien under IRCA is mandatory. (8 U.S.C. §1255a(a) (1986).)

Siebert v. People

143 Ill. 571 · Illinois Supreme Court · Oct 31, 1892

The fact, therefore, that the deceased came to his death from arsenic was so clearly established by unimpeachable evidence, that the admission in evidence of the opinions of the two witnesses could have no prejudicial effect … to establish the defendant’s guilt: But the same question occurs, how shall the fact be established ?

People v. Byas

104 Ill. App. 3d 562 · Appellate Court of Illinois · Feb 25, 1982

Scott testified that he did not correct these inaccuracies until after he was granted immunity. … The comment was clearly improper as it related to matters not relevant to the jury’s deliberations. (People v. Martin (1979), 74 Ill. App. 3d 567 , 393 N.E.2d 508 .)

Ficke v. Evangelical Health Systems

Appellate Court of Illinois · Dec 13, 1996

The Act codifies Illinois' common law and constitutional rights to forgo life- sustaining treatment and establishes a private decision-making process allowing a surrogate to be chosen from a hierarchical list of candidates … The Act clearly, and in mandatory terms, obligates the attending physician to medically diagnose both lack of decisional capacity and the existence of a qualifying condition, including its cause.

In re T.J.

2026 IL App (1st) 242406 · Appellate Court of Illinois · Mar 25, 2026

Ramaiah first established that she was an expert “in the field of child abuse pediatrics.” … Ramaiah never said as much in her brief direct testimony, so this fact has not been established. If the State can establish as much on remand, the report is admissible on that basis.

Motorola, Inc. v. Illinois Fair Employment Practices Commission

34 Ill. 2d 266 · Illinois Supreme Court · Mar 24, 1966

The statute thus clearly provides that no decision of a hearing examiner or a commissioner is to become the decision of the Commission unless it has been found by the Commission to be supported by substantial evidence. … Conversely, if Myart failed the test, the record would not establish an unfair employment practice with respect to him.

People v. Carter

98 Ill. App. 3d 720 · Appellate Court of Illinois · Jul 20, 1981

To qualify as evidence of modus operandi, the evidence must show that both crimes were “ ‘ “so nearly identical in method as to earmark them as the handiwork of the accused” * • V ” (People v. Osborn (1977), 53 Ill. … The fact of the 12-year-old’s pregnancy establishes that a crime was committed.

In Re EB

231 Ill. 2d 459 · Illinois Supreme Court · Nov 20, 2008

Looking to the debates, we find that comments by the legislature clearly and strongly favor an interpretation that the phrase "unless it is found to be in his or her best interest" modifies only the phrase prohibiting a minor … The comments repeatedly and definitively establish that the amendment was meant to expand the six-month time period.

Baumann v. American National Red Cross

262 F. Supp. 2d 965 · District Court, C.D. Illinois · May 21, 2003

The standard of care governing this type of decision clearly involves medical learning or principles, and is not within the knowledge of most lay people. … Therefore, although Baumann was not a “patient” receiving “medical treatment” in the traditional sense from the Red Cross, Woodard establishes that this case is one for medical malpractice rather than simple negligence, and

Young v. Illinois Department of Corrections

District Court, S.D. Illinois · Feb 24, 2021

The Court also rejects Defendant Williams’ qualified immunity argument. … The Court also rejects Defendant Hughes’ qualified immunity argument concerning the cuffing incident.