Case law

Trustees of Schools v. Arnold

58 Ill. App. 103 · Appellate Court of Illinois · Mar 23, 1895

This doctrine, as we understand, rests upon the principle that has long been established, that “ where the liability of the defendant is created, not merely by the act of the par» ties, but by the positive requirements of … The liability of the defendant is clearly created by statute with reference to a specific fund, which is no broader than the liability of the bond within the time of its official life. Glover v. Wilson, 6 Penn. St. 290.

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. … Code 140.32(a)(1), (4) (2013). ¶ 78 Here, we conclude that the Director’s decision was not clearly erroneous.

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.

In re N.W.

293 Ill. App. 3d 794 · Appellate Court of Illinois · Dec 12, 1997

Instead, respondent objected solely on the grounds that the State failed to establish an adequate foundation supporting the reliability of the records. … Smith to establish the necessary indication of trustworthiness and reliability necessary to satisfy the underlying purpose of the business records exception. Based upon People v.

People ex rel. Fleming v. Geary

322 Ill. App. 338 · Appellate Court of Illinois · Mar 8, 1944

Under the civil service law and the rules of the commission no persons within the classified civil service other than hoisting engineers were qualified or eligible to operate air compressors. … We are impelled to hold that plaintiffs’ complaint established a clear legal right to the issuance of a writ of mandamus, that they were entitled to appointment from the reinstatement list in the order of their seniority

People Ex Rel. Kilquist v. Brown

203 Ill. App. 3d 957 · Appellate Court of Illinois · Sep 18, 1990

Section 7 duties of the merit commission are qualified by the phrase “pursuant to recognized merit principles of public employment.” … To encourage their application and retention, qualified personnel are assured of tenure in their positions. (Fahey, 21 Ill. App. 3d at 586 , 315 N.E.2d at 578 .)

Connecticut Mutual Life Insurance v. Young

77 Ill. App. 440 · Appellate Court of Illinois · Aug 31, 1898

In this case the application is clearly a part of the insurance contract; so clearly agreed and stated in the application, and so clearly recited in the first clause of the policy, and a copy of it embraced therein as part … There is no qualifying, limiting or superseding clause either in the application or in the policy, as was the case in Continental Life Ins. Co. v.

Lenahan v. University of Chicago

348 Ill. App. 3d 155 · Appellate Court of Illinois · Mar 31, 2004

Dismissal of a cause of action pursuant to section 2 — 615 is appropriate only when it clearly appears that no set of facts could ever be proved under the pleadings that would entitle the plaintiff to recover. Mt. … Doctor Liebowitz’s conduct was sufficient to establish, at this preliminary pleading stage, a special relationship and corresponding duty toward the decedent.

Bodelsen v. Swensen

206 Ill. 68 · Illinois Supreme Court · Dec 16, 1903

Enough has been said to clearly show, as we think, that the decree rendered by the chancellor below was not manifestly against the weight of the evidence, and unless it was, we would be departing from a long and well established … Nicholson, 186 Ill. 580 : “The chancellor saw and heard the witnesses, knows their manner of testifying while on the stand, and is better qualified than we to judge of the weight to be given to their testimony.

County of Cook v. Holland

3 Ill. 2d 36 · Illinois Supreme Court · May 24, 1954

Following a short discussion, the court recommended that the witness describe the 40 acres and that he be qualified. … The defendants having offered no evidence as to the value of the land, the verdict was clearly within the range of the evidence as required by law.

In Re Alpern

246 B.R. 578 · United States Bankruptcy Court, N.D. Illinois · Mar 29, 2000

Moreover, Alpern clearly resents the requirements imposed on him as well as all litigants by rules enforced here that communications to the court be copied to other parties and presented on motion and notice with requests … “A judge’s ordinary efforts at courtroom administration ... remain immune.” Id.

Torres v. City of Chicago

261 Ill. App. 3d 499 · Appellate Court of Illinois · Mar 16, 1994

The document established the terms of the contract which became effective when the City actually ordered services from Torres. … The court should grant summary judgment only if the pleadings and evidence raise no triable issue of material fact and the movant is clearly entitled to judgment. (Chicago Title & Trust Co. v.

Peabody v. Russel

301 Ill. 439 · Illinois Supreme Court · Feb 22, 1922

Administrative Code that each officer whose office is created by the act shall hold office for a term of four years from the second Monday of January next after the election of the Governor and until his successor is appointed and qualified … That they were to be included in such prohibition seems clearly apparent from a reading of the various sections affecting the question.

Petryshyn v. Slotky

Appellate Court of Illinois · Jul 29, 2008

"'"Abuse of discretion" means clearly against logic; the question is not whether the appellate court agrees with the [trial] court, but whether the [trial] court acted arbitrarily, without employing conscientious judgment … Furthermore, it was established that the allegations of negligence were well within the testifying doctors' knowledge and experi- ence.

In Re Estate of Muldrow

343 Ill. App. 3d 1148 · Appellate Court of Illinois · Oct 10, 2003

Ronald further alleged that Charles was not qualified to act as executor because he was a felon. … When construing a statute, we must begin with the presumption that the statute is constitutional, and the party challenging a statute has the burden of clearly establishing any constitutional invalidity.

Murry v. American Federation of State, County, and Municipal Employees Nunc pro tunc Mar. 31, 1999

Appellate Court of Illinois · May 28, 1999

Where the evidence is found to so establish, an indictment is returned. 725 ILCS 5/112- 4(e)(West 1996). … Clearly, respondent Board must assess the sufficiency of the evidence disclosed during its investigation prior to issuing an unfair labor practice complaint.

People v. Culpepper

254 Ill. App. 3d 215 · Appellate Court of Illinois · Dec 9, 1993

If that was so then, clearly, the judgment for the defendant was proper because, if the burden shifted to the State to put on evidence, it clearly failed to establish the validity of the blood test under the requirements … If the prima facie case was made, the proof of the validity of the blood test clearly failed.

Hoskins v. Walker

57 Ill. 2d 503 · Illinois Supreme Court · Jul 1, 1974

It cannot be seriously contended that the disqualifications will cause any difficulty in finding qualified persons to sit on the State Board of Education. … The constitutional convention’s Committee on Education clearly considered that a system of regional representation might be based on existing judicial or congressional districts.

In re Estate of Crawford

2019 IL App (1st) 182703 · Appellate Court of Illinois · Mar 1, 2021

because he could not establish that decedents understood the transfers to be loans. … App. 3d 866, 876 (1995) (noting that testimony that the decedent paid money pursuant to a promissory note would “clearly qualify as an event” under the Act), overruled on other grounds by Gunn v.

Tripp v. Board of Education of Hinsdale Township High School District 86

2024 IL App (3d) 230072-U · Appellate Court of Illinois · Oct 10, 2024

Employees Tort Immunity Act (Tort Immunity Act or Act) (745 ILCS 10/1-101 et seq. … Plaintiff asserts that the motion to dismiss should not have been granted because defendant failed in its burden to establish that it was entitled to immunity under section 3-106 of the Tort Immunity Act.