Case law

Chappell v. Board of Trustees of Illinois Municipal Retirement Fund

2020 IL App (1st) 192255 · Appellate Court of Illinois · Apr 8, 2021

Klomann applies with full force in this case. ¶ 29 The record establishes that IMRF staff automatically accepted the Township’s pension eligibility certification and approved plaintiff’s Omitted Service … Clearly, plaintiff’s reliance on the acts undertaken by the Township and IMRF was not reasonable. Equitable relief is not warranted here. See Gambino v. Boulevard Mortgage Corp., 398 Ill.

United States v. Serta Associates, Inc.

296 F. Supp. 1121 · District Court, N.D. Illinois · Feb 24, 1969

The local restrictions clearly interfere with the retailers’ freedom to advertise at the price they deem best. … In 1954 the phrase “must properly qualify” was changed to “urged to properly qualify.” 8 .

The PEOPLE v. Dale

20 Ill. 2d 532 · Illinois Supreme Court · Sep 29, 1960

We held that the competent evidence, including the testimony of the complainant, clearly established the corpus delicti and left no doubt of the defendant’s guilt. … In so doing, the court forgets the principle recently set forth by Justice Frankfurter that “it is imperative that generalizations, based on and qualified by the concrete situations that gave rise to them, must not be applied

Trans-Air Corp. v. Department of Revenue

86 Ill. App. 3d 750 · Appellate Court of Illinois · Jul 24, 1980

Therefore, the Department failed to show that the sales in question qualified as transactions "subject to the use tax. … The State has not established that fact in this case. In Boye Needle Co. v.

Bohn v. Stubblefield

238 Ill. App. 453 · Appellate Court of Illinois · Jun 27, 1925

It has not seen fit to take it from the electorate or qualify it in any degree and we must apply the law as given. … The legislative purpose clearly expressed is that in its corporate capacity the district may determine whether it shall or shall not have such property.

Western Casualty & Surety Co. v. Adams County

179 Ill. App. 3d 752 · Appellate Court of Illinois · Feb 16, 1989

Stat. 1985, ch. 110, par. 2—701), requesting the court to establish the rights and legal relations of the parties under certain insurance policies issued to the County from May 1978 through May 1983. … arrest, erroneous service of civil papers, false imprisonment, malicious prosecution, assault and battery, libel, slander, defamation of character, violation of property rights, or deprivation of any rights, privileges or immunities

People v. Young

128 Ill. 2d 1 · Illinois Supreme Court · Feb 22, 1989

The prosecutor’s concern was clearly supported by the record. … Because the same aggravating factors which qualify a defendant for the death penalty (111. Rev. Stat. 1983, ch. 38, par. 9 — 1(b)) also qualify him for natural life imprisonment (111. Rev.

Cole v. Yanoff

2025 IL App (1st) 241017-U · Appellate Court of Illinois · Jan 31, 2025

A complaint should not be dismissed under section 2-615 unless it is clearly apparent that no set of facts can be proven which would entitle the plaintiff to relief. Id. … ¶ 20 In practice, the privilege provides an attorney with complete immunity with respect to the communications he makes related to litigation, regardless of the attorney’s motives and irrespective of the attorney’s

Williams v. Bachler

District Court, N.D. Illinois · Jun 18, 2018

As for the argument that Plaintiff cannot proceed with this claim because Defendant Officers have immunity for any false testimony they gave at trial, [55] at 7–8, that immunity has no bearing here. … Plaintiff gave confusing testimony at times, but he spoke clearly when he said: “I don’t know where they found the gun or the drugs.” Id. at 39.

Eads v. Heritage Enterprises, Inc.

204 Ill. 2d 92 · Illinois Supreme Court · Feb 21, 2003

The Act clearly authorizes the courts to hold nursing homes liable for the actions of its employees. … I assert that we should follow established principles of statutory construction by applying the medical malpractice reform legislation to the narrow class of claims brought under the Act alleging healing art malpractice by

Huff v. The Board of Trustees of the University of Illinois

District Court, C.D. Illinois · Mar 31, 2025

While Plaintiff alleges she worked enough hours to qualify under the Family Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 et seq., she was denied leave which led to the loss of seniority for having unexcused, unpaid time … Regardless of the merits of sovereign immunity as a policy in these circumstances, Congress has not abrogated and the State has not waived its immunity from suit under the IHRA.

Board of Trustees of Town 24, R. 7 East v. Beale

98 Ill. 248 · Illinois Supreme Court · Mar 21, 1881

The precise form of this mortgage is first found in the “act to establish and maintain common schools,” in force April 13, 1849. (See Pub. Luavs of 1849, p. 167.) … to the Homestead law, and we can not, therefore, assume that it was in the mind of the legislature to qualify or limit or amend it in any respect whatever, but we should rather assume that the' legislature intended each

People v. McCommon

79 Ill. App. 3d 853 · Appellate Court of Illinois · Dec 26, 1979

In the case at bar the record does not clearly establish that Jones had a unique knowledge of the event such that the State’s failure to call him gave rise to an inference that Jones’ testimony would have been unfavorable … Defendant argues that the State failed to identify the voices on the tape and to show that Saladino was qualified to operate the recording equipment.

Buhrmaster v. County of Du Page

16 Ill. App. 3d 212 · Appellate Court of Illinois · Dec 19, 1973

He did, however, qualify this opinion by stating that some sections might be suitable for multiple-family residences. It was his opinion that the highest and best use of the property was single-family residential. … Faced with this presumptive validity of the zoning ordinance, it was incumbent upon the plaintiffs to establish that the legislative decision as to the subject property is clearly unreasonable, rather than that the property

Televation Telecommunication Systems, Inc. v. Saindon

169 Ill. App. 3d 8 · Appellate Court of Illinois · Apr 28, 1988

In October 1984, Saindon collaborated with Timothy Rex and Janusz Dobrowolski to establish Digital Systems Research, Inc. (Digital). … We must next determine whether the information Saindon took qualified as trade secret information.

Quinn v. Sigma Rho Chapter of Beta Theta Pi Fraternity

155 Ill. App. 3d 231 · Appellate Court of Illinois · Jun 1, 1987

The allegations also establish the excessive use of the intoxicants. … The activity was clearly an illegal hazing activity and discouraged by defendant’s own parent organization.

People v. Molstad

101 Ill. 2d 128 · Illinois Supreme Court · Feb 1, 1984

We turn now to the first issue raised by Molstad: whether the testimony of Wendy Albritton established Molstad’s guilt beyond a reasonable doubt. … The testimony of Molstad’s codefendants clearly qualifies as newly discovered evidence. The affidavits submitted as the basis for a new trial could not have been discovered with the exercise of due diligence.

Busby v. First National Bank

288 Ill. App. 500 · Appellate Court of Illinois · Feb 9, 1937

As part of its organization the executor bank had established two investment committees, senior and junior. … It clearly appears from his own testimony that he did not.

School District No. 175 v. Illinois Fair Employment Practices Commission

57 Ill. App. 3d 979 · Appellate Court of Illinois · Jan 24, 1978

We, however, consider that the greater weight of the evidence does establish that under the criteria used by the interviewing committee, the selection of a 5th grade teacher resolved itself upon a choice between Seka and … Contrary to the assertion of the District, the record clearly shows that the Commission reviewed in full all of the evidence and all questions of law and fact in its order and decision.

Longo & Associates Ltd. v. Illinois Department of Transportation

2025 IL App (1st) 231103-U · Appellate Court of Illinois · Jan 21, 2025

¶ 16 IDOT further contended that the claims against Petrolis were also barred by sovereign immunity, because Longo’s allegations established that she was acting within the scope of her employment as a state employee … , any duty she was alleged to have breached stemmed from that employment, and her performance as an AAG was “clearly an official State function.”