Case law

Salvi v. The Village of Lake Zurich

66 N.E.3d 894 · Appellate Court of Illinois · Oct 31, 2016

Counts I, II, and III all allege trespass (willful and wanton in count I, negligent in counts II and III), which is clearly a tort applicable to private parties. … At the very least, plaintiff, who has the burden on this issue, has not established that the inference is unreasonable.

Lund v. City of Rockford

District Court, N.D. Illinois · Apr 23, 2019

“[Ql]ualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … In Reichle, the Supreme Court held that an officer was entitled to qualified immunity with respect to a claim that he made an arrest in retaliation for the arrestee’s exercise of free speech rights because it was not clearly

Pursley v. City of Rockford

District Court, N.D. Illinois · Jun 4, 2024

that Gunnell violated a clearly established right. … But as Pursley explains, he disagrees with Gunnell’s dismissal because the Court found that he had failed to respond to the ISP defendants’ qualified immunity argument.

People v. Valentine

221 Ill. App. 3d 1082 · Appellate Court of Illinois · Nov 15, 1991

Despite the fact that defendant presented some evidence that he was intoxicated and/or under the influence of drugs at the time of the offense, the bulk of the evidence clearly established that defendant was capable of acting … The amounts of the various intoxicants that Valentine actually consumed were not established.

Aetitus v. Spring Valley Coal Co.

246 Ill. 32 · Illinois Supreme Court · Jun 29, 1910

If it were necessary to show an evil intent or any blamable conduct to establish the willfulness contemplated by this statute then there would be more force in this contention. … The intent and purpose of this statute is to require the mine owner to provide a light at the bottom of the shaft of sufficient capacity to enable any person approaching the bottom to clearly discern the cage and the objects

Weekly v. SKAHAN

178 Ill. 2d 577 · Illinois Supreme Court · Jun 3, 1998

It is well established that compliance with the deadlines for appeals set forth in Rule 303 is mandatory and jurisdictional. Where the requirements of the rule have not been satisfied, the appeal must be dismissed. … In ruling as it did here, the majority has clearly placed itself above the law. I am unwilling to join it there.

Bier v. Leanna Lakeside Property Ass'n

Appellate Court of Illinois · May 19, 1999

The court found that a violation of that statute was not clearly established and that the alleged violation was not the proximate cause of the plaintiff's injury. … Thus, the immunity afforded by the Act does not apply.

Hoffmann v. Clark

69 Ill. 2d 402 · Illinois Supreme Court · Dec 12, 1977

With the principle of classification established for Cook County, the delegates from some counties adjacent to Cook also desired that their counties be empowered to classify. … It was further clearly a concern of the committee that through court construction “narrow” and “unintended” limits might be placed upon the General Assembly’s power.

DOD Technologies v. Mesierow Insurance Services, Inc.

381 Ill. App. 3d 1042 · Appellate Court of Illinois · Feb 14, 2008

Therefore, we conclude that section 10b(1) did not immunize defendant. We affirm the dismissal of the consumer fraud count. 4. … Haas, 226 Ill. 2d 334 (2007), the court concluded, “This amendment clearly reinforced our statement in Bright that requests for admission are part of the discovery process, and *** [w]e hold, as we did in Bright, that

In re Linda B.

2017 IL 119392 · Illinois Supreme Court · Mar 2, 2018

This exception must be construed narrowly and established by a clear showing of each criterion. … In order to establish untimely filing of the May 9 petition, respondent had to establish that her initial period of hospitalization and psychiatric treatment was involuntary.

Cook v. South Park Commissioners

61 Ill. 115 · Illinois Supreme Court · Sep 15, 1871

The meaning is, that every citizen shall hold his life, liberty, property and immunities under the protection of the general rules which govern society. … The tenth instruction is clearly objectionable.

Graham v. General U.S. Grant Post No. 2665

43 Ill. 2d 1 · Illinois Supreme Court · Jun 20, 1969

or not a tort has in fact been committed, but the distinct question of whether one spouse can maintain an action in tort against the other spouse is clearly a matter which should be governed by the law of the domicile of … Our past decisions have established the rule that when a statute, such as the Dram Shop Act, is silent as to extraterritorial effect, there is a presumption that it has none.

Holt v. Hendee

248 Ill. 288 · Illinois Supreme Court · Dec 21, 1910

In 1899 he qualified as executor of his father’s will, signing a bond in which he described himself as residing in Lake county, Illinois, and acted as such executor until November, 1903. … Louis Railroad Co. 76 id. 561, is quoted with approval: “In no event will an injunction lie unless it is clearly made to appear that the party has been wrongfully assessed and will sustain irreparable injury unless the collection

Trustees of Schools of Township 35 North, Range 14 East of the 3rd Principal Meridian v. Sons

27 Ill. 2d 63 · Illinois Supreme Court · Feb 1, 1963

Stat. 1959, chap. 122, par. 14 — 7- In the Schroeder case we held that the limitation upon the power of eminent domain expressed in section 14 — 7 of .the Code did not apply to school districts established under article 7 … The purpose seems clearly to have been to codify first without altering substance, and then to key substantive changes into the new Code after its adoption.

Halleck v. Coastal Building Maintenance Co.

207 Ill. Dec. 387 · Appellate Court of Illinois · Mar 13, 1995

Accordingly, I believe the majority should have clearly disavowed Waechter’s allegiance to the "old” rule. … I submit that the only legitimate theory of admissibility in this case is that Smith’s statement qualified as an admission by a party opponent, i.e., Coastal, because Smith spoke as Coastal’s agent.

People v. Thompson

327 Ill. App. 3d 1061 · Appellate Court of Illinois · Mar 8, 2002

The trial court found that Hackerson was qualified to testify and therefore denied the motion. The court also admitted, over a defense objection, the diagram of the development. … Under section 115 — 10.5, Hackerson clearly would be a “qualified individual.” Section 115 — 10.5 is essentially a codification of the principle recognized in Morgan.

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.

Cain v. Ryan

171 F. Supp. 2d 813 · District Court, N.D. Illinois · Nov 13, 2001

The state is not required to seek commitment of all persons who potentially qualify as “sexually violent persons.” … They also raise parallel questions concerning the applicability of prosecutorial immunity and the qualified immunity of those who act where the law is uncertain. But these concerns are not for this court at this time.

Morris v. Broadview, Inc.

385 Ill. 228 · Illinois Supreme Court · Jan 18, 1944

The issues thus presented require an interpretation of the statute, which must be according to established rules of statutory construction. … The definite express limitations qualifying the absolute right of a shareholder to examine the records, incorporated in the 1933 Business Corporation Act, are: (a) the right is limited to stockholders who have held their

In Re AB

308 Ill. App. 3d 227 · Appellate Court of Illinois · Oct 19, 1999

Over respondent's objection that it did not qualify as a business record, the trial court admitted the service plan into evidence pursuant to section 115-5 of the Code of Criminal Procedure of 1963 (Code of Criminal Procedure … We cannot say that the opposite conclusion is clearly evident from the record or that the trial court's conclusion is unreasonable, arbitrary, and not based on the evidence presented.