Case law

Burns v. Hines

298 Ill. App. 563 · Appellate Court of Illinois · Feb 14, 1939

Clearly the stock that was distributed was removed as an asset of the corporation. The Supreme Court held that the stock so distributed was income, but did not otherwise depart from the doctrine announced in DeKoven v. … invest money in any stock of corporations, unless the same shall be then established as an income producing stock.”

Khan v. Department of Healthcare & Family Services

2020 IL App (1st) 191212 · Appellate Court of Illinois · Nov 20, 2020

The court found that the evidence established that plaintiff qualified as a vendor, as he had a valid medical license and was by his own admission treating Medicaid patients during his suspension. … ¶ 78 Here, we conclude that the Director’s decision was not clearly erroneous.

Monroe v. Pape

221 F. Supp. 635 · District Court, N.D. Illinois · Sep 18, 1963

Insofar as they are material to this case, the rights, privileges and immunities secured by the Constitution and Laws of the United States referred to in the statute above are those rights, privileges and immunities made … Bland, 369 U.S. 663, 666 , 82 S.Ct. 1089 , 8 L.Ed.2d 180 (any state law, however clearly within a state’s acknowledged power, which interferes with federal law, must yield); McKnett v. St.

People v. Morris

219 Ill. 2d 373 · Illinois Supreme Court · Apr 20, 2006

In contrast, the State noted, defendant’s clemency order states only that defendant’s sentence is commuted, without any further qualifying language. … In this case, the former Governor’s speech clearly set forth the reasons for the clemency orders, the evils sought to be remedied, and the purpose the clemency orders were meant to achieve.

Wickersheim v. Broderick

2026 IL App (1st) 242195 · Appellate Court of Illinois · Jun 22, 2026

However, the documents were not clearly so on their face. … It would clearly be inappropriate and outside the scope of our jurisdiction to address any ruling involving Cognac.

Cannizzo v. Berwyn Township 708 Community Mental Health Board

318 Ill. App. 3d 478 · Appellate Court of Illinois · Dec 22, 2000

The individual defendants moved to dismiss counts III through VI on various grounds, including defenses under the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1—101 et seq. (West 1996)). … The purpose of a section 2—619 motion to dismiss is to provide a mechanism to dispose of issues of law and easily proved issues of fact, and the cause of action should not be dismissed on the pleadings unless it is clearly

Nitch v. Chicago Transit Authority

District Court, N.D. Illinois · Sep 19, 2018

The doctrine of qualified immunity protects government officials from § 1983 liability “when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … “To be clearly established, at the time of the challenged conduct, the right’s contours must be sufficiently clear that every reasonable official would have understood that what he is doing violates that right . . . and

Ajster v. Towne

District Court, N.D. Illinois · Jul 19, 2018

That said, the existence of a court order authorizing the eavesdropping almost certainly will entitle the defendants to qualified immunity on Count 1—unless, as Ajster seems to suggest in her response to the motion to dismiss … Defendants should consider asserting this defense by way of a motion for judgment on the pleadings—which will require them to answer the remaining claims in the complaint, assert qualified immunity in their answers, and

Wynkoop v. Cowing

21 Ill. 570 · Illinois Supreme Court · Apr 15, 1859

The scope of the bill is, to establish the transaction between complainant and Cowing as a mortgage, notice of which, Bull, who is made defendant with Cowing, is alleged to have possessed, when he purchased of Cowing. … It is done, too, in language not susceptible of two meanings, and clearly shows that the first contract was one of purchase and not of loan.

Borden v. Croak

131 Ill. 68 · Illinois Supreme Court · Nov 26, 1889

The burden of proving the facts necessary to the establishment of the lien is clearly upon the petitioner, and in the absence of proof that the intestate was the owner of said property at the time he took the lease, it will … If at that time he had executed an instrument conveying, assigning or mortgaging his “property, ” without qualifying words, no one would for an instant suppose that he was attempting to'dispose of his future acquisitions.

Franciscan Hospital v. Town of Canoe Creek

79 Ill. App. 3d 490 · Appellate Court of Illinois · Dec 19, 1979

The basic elements of eligibility for AMI are that the individual be a resident of the governmental unit, fail to qualify for other assistance and have nonexempt income and assets, over a three-month period, which are above … The harm to be prevented is clearly set out in article I of the Code which indicates its concern with “the alleviation and prevention of poverty” and promoting “the health and welfare” of the people of Illinois. (Ill.

Western Illinois Service Coordination v. Illinois Department of Human Services

District Court, C.D. Illinois · Sep 29, 2020

“Ex parte Young recognized what has become one of several well-established exceptions to the Eleventh Amendment bar on suing states in federal court, permitting private citizens to sue state officials in their … The exception recognized by Illinois courts “distinguishes Illinois’s sovereign immunity rule from federal law immunity doctrines, which usually apply to bar claims regardless of their potential merit.” Id.

Howe v. Thomson

139 Ill. App. 3d 930 · Appellate Court of Illinois · Jan 2, 1986

In closing the estate proceedings, the trial court declined to construe the provisions of a testamentary trust established by the will. … The will seeks to exempt the testator’s wife from paying estate taxes to the extent her legacy qualifies for the “marital deduction,” presumably referring to the marital deduction under Federal estate tax law.

Geraty v. Village of Antioch

941 F. Supp. 2d 918 · District Court, N.D. Illinois · Apr 18, 2013

The court concludes that Geraty has established that she was qualified for the promotion and similarly or more qualified than her male peers. She has therefore established a prima facie case of discrimination. … A plaintiffs superior qualifications can be evidence of pretext if she can “show that her qualifications are ‘clearly superior,’ or that she is ‘significantly better qualified’ for the job, or that ‘no reasonable person,

People v. Reed

2025 IL App (1st) 232116 · Appellate Court of Illinois · Dec 5, 2025

the age of 18 as long as the defendant was 18 years of age by the third qualifying offense. … Moreover, any potential 22  No. 1-23-2116 ambiguity in earlier versions of the statute was clearly resolved by the 2016 amendment, which

Hardaway v. CIT Group/Consumer Finance Inc.

836 F. Supp. 2d 677 · District Court, N.D. Illinois · Aug 1, 2011

Even assuming that allegation is true, “[t]he receipt of federal funds alone is not sufficient to establish state action.” Turner v. … Tribune Co., 521 F.3d 686, 691 (7th Cir.2008)) establish its right to enforce plaintiffs mortgage obligations.

People v. Antoine

286 Ill. App. 3d 920 · Appellate Court of Illinois · Mar 5, 1997

Section 4 of the Act provides that the trial court shall appoint two qualified psychiatrists to personally examine the defendant, ascertain whether he is sexually dangerous, and file with the court a written report of the … Clearly, the need for stability in law must not be allowed to obscure the changing needs of society or to veil the injustice resulting from a doctrine in need of reevaluation.”

People v. Cortez

Appellate Court of Illinois · Jun 22, 2010

Clearly counsel had a strategy and having Martinez testify, for whatever reason, did not coincide with that strategy. … Furthermore, the autopsy report was not admitted to establish or prove some fact at trial and did not lend itself to establishing defendant’s guilt or innocence.

Elizabeth v. Continental Illinois National Bank & Trust Co.

75 Ill. 2d 22 · Illinois Supreme Court · Jan 26, 1979

In the earlier opinion of this court, it was clearly stated: “We hold, therefore, that upon remand an order be entered directing that an additional $3.5 million of the estate be distributed to IIT.” (Stuart v. … Monies in excess of the specific grants were ordered to be distributed to designated group 1 and group 2 charities, as established in the distribution plan, on a pro rata basis.

Pough v. SBC COMMUNICATIONS, INC.

570 F. Supp. 2d 1006 · District Court, N.D. Illinois · Aug 6, 2008

Illinois Bell argues that Plaintiff fails to establish a prima facie case of discrimination or retaliation because she cannot show that she was qualified for her position or that similarly situated employees were treated … In short, the Court finds sufficient evidence to establish that Plaintiff is suffering from a disability. Nevertheless, to succeed on her ADA claim, Plaintiff also must prove that she was qualified for her position.