Case law

People v. Calkins

96 Ill. App. 3d 74 · Appellate Court of Illinois · May 5, 1981

The proof clearly established that the respondent mother had a 14-year history of emotional problems. It is undisputed that she interfered with the minor’s medical treatment after the child’s third operation. … This rule, however, is tempered and qualified by the law as related in the case of In re Brooks (1978), 63 Ill. App. 3d 328 , 379 N.E.2d 872 .

Ashby v. McKinlock

271 Ill. 254 · Illinois Supreme Court · Dec 22, 1915

Upon reading the entire will, and particularly the first seven clauses thereof, it clearly, appears it was the testator’s intention to convey to appellee a fee simple estate. … In the construction of wills, courts search for the testator’s intention, and that being once ascertained, effect is given to it if not contrary to; established rules of law.. (Bennett v.

People v. Miller

2014 IL App (2d) 120873 · Appellate Court of Illinois · Jun 17, 2014

The court went on to note that defendant would not qualify for first-offender probation because the court “did not think that it would be a proper case for that.” ¶ 11 Defendant moved the court to reconsider … Such facts clearly showed that, unlike the informant in Sparks, Jordan had witnessed defendant engaging in criminal activity.

Harroun v. Addison Police Pension Board

372 Ill. App. 3d 260 · Appellate Court of Illinois · Mar 21, 2007

In attempting to subdue a suspected criminal, plaintiff was clearly engaged in an act inherently involving special risk not encountered by ordinary citizens. … Plaintiff alternatively argued that the apprehension of Hanses qualified as an act of duty within the meaning of section 5—113 of the Code because it was an act of heroism.

Compass Group v. Illinois Workers' Compensation Comm'n

2014 IL App (2d) 121283WC · Appellate Court of Illinois · Apr 13, 2015

In any event, this argument fails to persuade us that a conclusion opposite to the Commission’s is clearly apparent. ¶ 22 Furthermore, it is well established that prior good health followed by a change … We cannot say that waiting one year–under the circumstances presented here–for such an opinion is so clearly unreasonable that a conclusion opposite to the Commission’s is clearly apparent.

Marth v. Illinois Weather-Seal, Inc.

50 Ill. App. 3d 577 · Appellate Court of Illinois · Jun 17, 1977

It is well established that the trial court is in a better position to determine the credibility of the witnesses and the weight of the evidence presented. (Schulenburg v. … Based on the record before us we cannot say that a conclusion opposite to that reached by the trial court is clearly apparent.

Fuqua v. SVOX AG

2020 IL App (1st) 191275-U · Appellate Court of Illinois · Sep 30, 2020

Soseman filed a motion to dismiss the claims against him based on his qualified immunity as an attorney for SVOX, pursuant to section 2-619 of the Code of Civil Procedure (735 ILCS 5/2-619(a)(9) (West 2012)). … Soseman because we concluded that he had qualified immunity. Id. ¶ 41. We remanded the case back to the trial court with directions for the trial court to compel arbitration between Mr. Fuqua and SVOX. Id. ¶ 42. Mr.

People v. Harper

91 Ill. 357 · Illinois Supreme Court · Sep 15, 1878

We can not say we are clearly satisfied the constitution has been thereby violated. … The term of office of the chief inspector is limited to two years, not until his successor shall be elected and qualified.

Mills

District Court, S.D. Illinois · Aug 12, 2026

Under § 1915(e)(2), the Court must now screen Mills’s Complaint and dismiss the Complaint if it is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 … Deputy Capeheart was clearly acting at the direction of Judge Foster, so he is entitled to quasi-judicial immunity. Mills’s claims against the remaining Defendants also fail.

People v. Nottke

2022 IL App (3d) 190651-U · Appellate Court of Illinois · May 3, 2022

The trial evidence clearly established that the defendant possessed a firearm in his vehicle. Peete testified that he located a firearm between the driver’s seat and center console of the vehicle. … Further, the evidence of the defendant’s prior AHC qualifying offenses was clearly presented.

Lovelace v. Gibson

District Court, C.D. Illinois · Oct 13, 2020

“Officers are entitled to qualified immunity . . . unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was “clearly established at the time.” … Lovelace’s trial team was not clearly established.

Teresi v. Department of Employment Security

2022 IL App (3d) 190560 · Appellate Court of Illinois · Jan 19, 2022

Mixed questions of fact and law— those where the historical facts are admitted or established and the sole question involves whether the facts satisfy the statutory standard—may be reversed only when clearly … A clearly erroneous decision leaves the reviewing court “with the definite and firm conviction that a mistake has been committed.”

Payne v. United States (In Re Payne)

188 A.L.R. Fed. 649 · United States Bankruptcy Court, N.D. Illinois · Oct 3, 2002

. § 7502 1 which allows a *723 postmark to establish the filing date of a tax return which is mailed before the tax filing deadline. … Clearly, Congress did not intend such a result when it enacted § 7502 to alleviate the inequities caused by disparate postal systems. Miller, 784 F.2d at 730 (§ 7502 is remedial statute).

Pang v. Farmers Insurance Group

2014 IL App (1st) 123204 · Appellate Court of Illinois · Jun 23, 2014

Hoskins’ affidavit supported the motion seeking to establish that the reconstructed policy was an accurate copy of the policy issued to the Chans. … The policy clearly defines “insured” as (1) the named insureds, (2) the named insureds’ relatives by blood, marriage or adoption, or (3) any person under the age of 21 in the care of the named insureds.

Crowder v. McLean County

2025 IL App (4th) 240533-U · Appellate Court of Illinois · Jan 7, 2025

Borrelli may have been qualified to opine upon the standard of care applicable to other physicians in this field, there was no evidence showing he was qualified as an expert in the field of nursing. … that would preclude the application of immunity under section 4- 105 of the Act.

Chambers v. DeBois

District Court, N.D. Illinois · Jul 11, 2018

However Debois contends that he is entitled to qualified immunity because this tort was not clearly established at the time of the evidence fabrication. … based on the 13-year-old Jones decision, the police were not entitled to qualified immunity.

Department of Corrections v. Human Rights Commission

298 Ill. App. 3d 536 · Appellate Court of Illinois · Jul 31, 1998

First, plaintiff must establish a prima facie case of discrimination which will give rise to a rebuttable presumption that the employer unlawfully discriminated. … The record clearly shows that the decision to discharge Green was based, in part, upon the subject administrative directives.

Whitfield v. Simpson

312 F. Supp. 889 · District Court, E.D. Illinois · Apr 22, 1970

There has been nothing offered to establish the inadequacy of the hearing. … meaning through established precedents.

Garrett Biblical Institute v. Elmhurst State Bank

331 Ill. 308 · Illinois Supreme Court · Jun 23, 1928

Said trustees shall, however, respectively, hold their office until their successors are elected and qualified. … The whole charter indicates clearly that it was its object to enable the trustees to establish an institution of learning. No one is required to attend the school who does not wish to do so.

People v. Hanson

212 Ill. 2d 212 · Illinois Supreme Court · Sep 23, 2004

Defendant argues that the State’s interpretation of Cleer as establishing a per se rule is too broad and fails to consider the underlying facts. … The plain language of the motion clearly states that it sought to have defendant examined by an expert. It does not mention a fitness hearing.