Case law

Suburban 1, Inc. v. GHS Mortgage, LLC

Appellate Court of Illinois · Jul 20, 2005

Two days before the Jiangs accepted the Sullivans' offer, Kevin Morse, branch manager of Windsor Mortgage, signed a letter stating that the Sullivans qualified and were approved for financing of 90% of the sale price of the … A cause of action will not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved that will entitle the plaintiff to relief. Van Horne v. Muller , 185 Ill. 2d 299, 305 (1998).

Brittain v. Farrington

318 Ill. 474 · Illinois Supreme Court · Oct 28, 1925

that it was the intention of the testator to limit or qualify the estate granted. … This result is likewise to be reached by a well established rule in the construction of wills, that where an estate is given by a will it cannot be cut down or taken away by a later clause except by clear and unambiguous

Jordan v. Metropolitan Sanitary District

15 Ill. 2d 369 · Illinois Supreme Court · Nov 26, 1958

Standing alone, the enactment is unobjectionable, for, as correctly stated in the majority opinion, it is well established that the legislature may constitutionally determine a mandatory retirement age for public employees … Clearly, therefore, the corporate authorities are given an uncontrolled discretion to determine at what precise age after age 67 that any of its employees will actually retire.

City of Belvidere v. Illinois State Labor Relations Board

Illinois Supreme Court · Feb 20, 1998

Central City makes clear that this question is one that the administrative agency “is uniquely qualified to answer.” Central City , 149 Ill. 2d at 523 . … The City's decision therefore qualifies as a matter “of wages, hours and terms and conditions of employment” under the first part of the Central City test.

In Re Estate of Ketter

63 Ill. App. 3d 796 · Appellate Court of Illinois · Sep 8, 1978

The proponent may also introduce any other evidence competent to establish a will. … The record clearly shows that ample cross-examination was allowed.

Metcalf f/k/a Heilman v. Burke

District Court, C.D. Illinois · Jun 12, 2023

Heilman “cannot show that [the] facts fall under clearly established law that would overcome Defendants’ qualified immunity.” Defs.’ Mot. Summ. … Qualified immunity insulates public employees from liability for money damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

In Re Richardson

75 B.R. 601 · United States Bankruptcy Court, C.D. Illinois · Jul 2, 1987

It is this Court's opinion that, under the terms of the property settlement order the trial court awarded ROSA an equitable interest in the real estate. 2 The court or *604 dered a sale of the farm, which was clearly marital … This Court finds that the Caterpillar Inc. pension plan would qualify under Illinois law as a spendthrift trust.

Morton Grove Pharmaceuts. v. National Pediculosis Association, Inc.

494 F. Supp. 2d 934 · District Court, N.D. Illinois · Jun 18, 2007

Instead, plaintiff argues that defendant's statements, in context, "clearly intended and unmistakably conveyed a defamatory meaning." Solaia Tech., LLC v. Specialty Pub. … Finally, defendant argues (1) that its statements are protected by a qualified privilege, and (2) plaintiffs have failed to plead actual malice.

Valfer v. Evanston Northwestern Healthcare

31 N.E.3d 883 · Appellate Court of Illinois · Apr 30, 2015

Although summary judgment is appropriate if a plaintiff cannot establish an element of his claim, it should only be granted when the right of the moving party is clear and free from doubt. Dardeen v. … Here, section 10.2 of the Act clearly defines "willful and wanton" in a manner that differs from the standard definition. As such, we find Dr.

Goswami v. Depaul University

8 F. Supp. 3d 1019 · District Court, N.D. Illinois · Apr 4, 2014

So there is a dichotomy in the sense that a consensus on the appropriate philosophical framework, or range of frameworks, has yet to be established.” … EEOC, ... was emphatic that academic freedom does not justify immunizing materials submitted in the tenure process from the EEOC’s subpoena power, courts tread cautiously when asked to intervene in the tenure determination

Smith v. Chicago Board of Education

176 Ill. App. 3d 109 · Appellate Court of Illinois · Nov 3, 1988

The Commission agreed with Judge Patton that Smith had established a prima facie case of discrimination. … In the pending case, Smith established her prima facie case of unlawful discrimination by showing that she was a member of a minority group, she was qualified for and was performing her job adequately, she was discharged,

Jones

District Court, N.D. Illinois · Mar 6, 2026

Plaintiff appears to argue that IDOC can be held liable under Section 1983 because the state waived sovereign immunity as to Section 1983 by waiving sovereign immunity as to the ADA and the Rehabilitation Act. … “It is well established that refusing to make reasonable accommodations is tantamount to denying access.” McDaniel, 115 F.4th at 823 (cleaned up).

Forest Preserve District of Du\Page County v. Department of Revenue

266 Ill. App. 3d 264 · Appellate Court of Illinois · Sep 15, 1994

It is well established that statutes granting tax exemptions on property must be strictly construed in favor of taxation (Christian Action Ministry v. … Department of Local Governmental Affairs (1978), 74 Ill. 2d 51, 62 ) and the party claiming an exemption has the burden to prove clearly and conclusively that it is entitled to exemption (Telco Leasing, Inc. v.

People v. Wilkins

343 Ill. App. 3d 147 · Appellate Court of Illinois · Sep 19, 2003

Here, based on the court’s comments at the sentencing hearing and the ultimate sentence imposed, the court clearly had no intention of sentencing defendant to the minimum sentence. … It does not, however, contain a complete record of the time defendant actually spent in custody, and does not establish that defendant spent four years in custody.

White v. City Of Chicago

District Court, N.D. Illinois · Mar 3, 2023

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … “To overcome a defendant's invocation of qualified immunity, a plaintiff must show: (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established at the time of the

Mtengule v. City of Chicago

257 Ill. App. 3d 323 · Appellate Court of Illinois · Dec 29, 1993

Section 3 — 102 of the Local Governmental and Governmental Employees Tort Immunity Act speaks to when a public entity owes a duty and provides: "(a) Except as otherwise provided in this Article, a local public entity has … Here, the trial court clearly abused its discretion by excluding relevant testimony. Additionally, the exclusion of Dr. Hawkins’ testimony materially affected the outcome of the case.

In re Kevin S.

Appellate Court of Illinois · Apr 2, 2008

We are not to disturb the court's ruling unless it is against the manifest weight of the evidence or, in other words, the evidence clearly establishes that a contrary result was proper. In re Clark, 246 Ill. … Under the circumstances presented here, we cannot say the court's decision was clearly erroneous, given that the State submitted a report as well as testimony sufficient to establish by clear and convincing evidence that

MacDonald v. Board of Trustees of Park Ridge Police Pension Fund

294 Ill. App. 3d 379 · Appellate Court of Illinois · Jan 15, 1998

that all reasonable and unbiased persons, acting within the limits prescribed by the law and drawing all inferences in support of the finding, would agree that the finding is erroneous and that the opposite conclusion is clearly … As to whether plaintiff was a dependent child at the time of his father’s death, evidence was presented to establish that he was.

U.S. Nursing Corp. v. Saint Joseph Medical Center

842 F. Supp. 1103 · District Court, N.D. Illinois · Jan 26, 1994

Clearly such requirements are unnecessary in order to license an agency. … That established, there can be little doubt that the public policy at issue here outweighs the private interests in enforcing this contract. Although U.S.

Payne v. The City of Chicago

16 N.E.3d 110 · Appellate Court of Illinois · Jul 16, 2014

Section 4-102 of the Act immunizes local public entities and public employees for failure to: (1) establish a police department; (2) otherwise provide police protection; or, if police protection is provided, (3) failure … The court specifically held that: "The statute, by its terms, immunizes local public entities and public employees from liability for failure to (1) establish a police department or (2) otherwise provide police protection