Case law

People v. Accardi

58 Ill. App. 2d 364 · Appellate Court of Illinois · Apr 26, 1965

The constitutional guarantees against search and seizure are not against all searches and seizures but only against those that are unreasonable and do not extend immunity from search upon lawful arrest. People v. … No other witnesses were called, and we cannot say that the court’s judgment, in denying the motion to suppress, rested on doubtful, improbable or unsatisfactory evidence, or clearly insufficient evidence.

Monson v. The City of Danville

80 N.E.3d 87 · Appellate Court of Illinois · Jun 15, 2017

The college responded that its building and grounds director’s handling of the height deviation clearly involved policy and discretion, which afforded the college immunity under section 2-201 of the Act. Id. ¶ 39. … ” ¶ 34 Monson further claims that Ahrens’ testimony established that the City had actual notice of the dangerous condition, which would have negated any immunity afforded under section 3-102 of the Act.

Emergency Treatment, S.C. v. Department of Employment Security

334 Ill. Dec. 538 · Appellate Court of Illinois · Sep 30, 2009

Nunes finally concluded that plaintiff also failed to establish that the individuals were engaged in an independently established trade, occupation, profession or business. … Our analysis starts with a presumption that the statute is constitutional and the burden rests on the party challenging the statute to clearly establish that it is unconstitutional. Morgan, 374 Ill. App. 3d at 292 .

Gaballah v. Roudebush

421 F. Supp. 475 · District Court, N.D. Illinois · Oct 18, 1976

Seaton, 359 U.S. 535 , 79 S.Ct. 968 , 3 L.Ed.2d 1012 (1959), one applied in a long line of lower federal court decisions. 5 This argument, however, overlooks what clearly emerges from plaintiff’s case in chief. … It does not establish prima facie that as a qualified minority employee he was treated worse than non-minority employees in the circumstances referred to. See McDonnell Douglas Corp. v.

Insurance Co. of North America v. Krigos

196 Ill. App. 3d 200 · Appellate Court of Illinois · Mar 6, 1990

Krigos’ policy clearly and unambiguously excluded coverage for negligent entrustment. … Krigos’ policy clearly and unambiguously excluded negligent entrustment, and the trial court properly denied coverage.

Flynn v. Edmonds

236 Ill. App. 3d 770 · Appellate Court of Illinois · Oct 29, 1992

Qualifying exams, it is argued, are not public information. … Northern Trust establishes a two-part test to determine the admissibility of expert testimony offered to establish the standard of care.

Fulton v. United States

772 F. Supp. 1074 · District Court, N.D. Illinois · Sep 17, 1991

immune from liability under the discretionary function and independent contractor exceptions in the Federal Tort Claims Act, 28 U.S.C. §§ 2671 , 2680(a). … Safety precautions were clearly the responsibility of Dunbar and Sullivan, not the Corps of Engineers, based on both the contract language and the understanding of Dunbar’s safety officer, Keillor.

Deizman v. BD. OF ED., DIST. 201, COOK CTY.

53 Ill. App. 3d 1050 · Appellate Court of Illinois · Oct 21, 1977

Lastly, implicit in section 24—6 is the fact that illness alone will not suffice to qualify a teacher for sick leave; that illness must prevent him from performing his teaching duties. … The sick leave provisions in the instant collective bargaining agreement clearly fall within the School Code provision.

Chicago, Wilmington & Vermillion Coal Co. v. People

114 Ill. App. 75 · Appellate Court of Illinois · May 12, 1904

The court said : “ The first count, under the ruling in this state, whatever may be decided elsewhere, is clearly good. … It cannot be supposed that by such repeal the lawmaking power intended to extend perfect immunity thereafter to those who should commit that crime. State v. Bollins, 8 FT. H. 550; State v. F. F. Company, 49 FT. H. 240.

Cowper v. Nyberg

28 N.E.3d 768 · Illinois Supreme Court · Mar 19, 2015

Employees Tort Immunity Act (745 ILCS 10/2-109, 2-201 (West 2012)). … These sections continued a rule that had already been established at common law and which had survived the abolition of sovereign immunity. Id.

Gruss v. Beverley

201 Ill. App. 3d 502 · Appellate Court of Illinois · Jul 13, 1990

The court clearly had authority under the provisions of section 2 — 1301(e) (Ill. Rev. … From October 26 until November 18 the defendants clearly had ample time following notice of default from the court clerk to move to vacate the default.

Hawkey v. United States

108 F. Supp. 941 · District Court, E.D. Illinois · Dec 4, 1952

The evidence clearly shows that Elsworth Jenkins lived with his mother and she cared for him until she was married to Lewis Hawkey. … Neither of them could possibly qualify under the evidence as having stood, in loco parentis to' Elsworth.'

People v. Smollett

2024 IL 130431 · Illinois Supreme Court · Nov 21, 2024

The appellate court disagreed, holding that Boyt and Navarroli involved plea agreements, while the case before it involved a cooperation-immunity agreement. Id. … ¶ 41 We agree with Justice Lyle that the assistant state’s attorney’s statement on March 26, 2019, clearly showed that the parties intended finality.

Stott v. City of Chicago

205 Ill. 281 · Illinois Supreme Court · Oct 26, 1903

Hopkinson, supra, it is said: “Clearly he cannot recover fees or set up any right of property on the ground that he is an officer defacto unless he be also an officer de jure.” … “It is an established rule that upon the argument of a demurrer the court will, notwithstanding the defect of the pleading demurred to, give judgment against the party whose pleading was first defective in substance.”

In re Marriage of Zamudio

2019 IL 124676 · Illinois Supreme Court · Nov 2, 2020

service credit for a period of up to 4 years spent in active military service for which he does not qualify for credit under Section 14- -5- … Thus, the Pension Code clearly differentiates between regular service and permissive service credit. Those two types of service credit cannot be analogized under the terms of the Pension Code.

Hemphill v. Sayers

552 F. Supp. 685 · District Court, S.D. Illinois · Dec 2, 1982

In Knox, the Court suggested that employees of the last purchaser may qualify under Section 2-318. … The Court in Asbestosis Cases clearly denied warranty coverage to the employees on the basis of their status.

People v. Free

94 Ill. 2d 378 · Illinois Supreme Court · Jan 24, 1983

Our examination of the record satisfies us that the standards of Witherspoon are clearly met. … A defendant’s guilt must be established by competent evidence uninfluenced by bias and prejudice.

Kopchar v. City of Chicago

395 Ill. App. 3d 762 · Appellate Court of Illinois · Nov 6, 2009

HPS moved to dismiss, alleging that because it performed a quasi-judicial function it was cloaked with absolute immunity from suit. … We note the use of the disjunctive “or,” which clearly does not limit the scope of the exemption to academic examinations.

Norton Co. v. Department of Revenue

405 Ill. 314 · Illinois Supreme Court · Jan 18, 1950

Montgomery Ward & Co. 312 U.S. 373 , it was even declared permissible to require the retailer to act as collector of the tax within the State, and the court in those cases indicated that immunity to taxes by an interstate … The journey involved was clearly interstate, yet the court held that the State did have a right to tax that exact percentage portion of the commerce with which it was intimately connected, i.e., the mileage traversed within

Butts v. Estate of Butts

119 Ill. App. 2d 242 · Appellate Court of Illinois · Nov 25, 1980

That receipt of money as executor, administrator or guardian was clearly receiving money “in trust for any purpose” is confirmed in Svanoe v. Jurgens, 144 Ill 507 on 511, 33 NE 955 . … From the origin of the present statute and its predecessors, trusts arising from an official capacity such as executor, administrator or guardian qualified for preferred classification.