Case law

Spiegel's House Furnishing Co. v. Industrial Commission

288 Ill. 422 · Illinois Supreme Court · Jun 18, 1919

Industrial Board, supra, but we think that the above holdings in that case state the law as it should be, except so far as it is qualified by the above clause in quotation marks. … have furnished the sole evidence to establish liability.

Dukes v. J.I. Case Co.

186 Ill. App. 3d 439 · Appellate Court of Illinois · Jul 20, 1989

In Doyle, the court held that the Contribution Act does not immunize an employer from a third-party action for contribution for injuries sustained by an employee, notwithstanding the fact that no direct action by the employee … “It is never proper for a court to depart from plain language by reading into a statute exceptions, limitations or conditions which conflict with the clearly expressed legislative intent.”

JOHNSON v. TENTON, STAR NO. 21242

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

either probable cause (an essential element to a § 1983 false-arrest claim) or arguable probable cause (the basis for a defendant officer’s qualified-immunity defense). … Law enforcement officers are entitled to qualified immunity for conduct that does not violate clearly established rights. Mwangangi v. Nielsen, 48 F.4th 816, 825 (7th Cir. 2022).

Farris v. Kohl

District Court, C.D. Illinois · Feb 13, 2023

The undisputed record establishes that IDOC’s rule is a blanket ban. … In her view, the undisputed facts establish that IDOC “believed—correctly or incorrectly—that [Ms.

Peter J. Hartmann Co. v. Capital Bank and Trust Co.

296 Ill. App. 3d 593 · Appellate Court of Illinois · May 15, 1998

The issue to be considered by such a motion is whether significant facts are contained in the pleadings, which, if established, would entitle the complainant to relief. Bryson v. … No cause of action should be dismissed on the pleadings unless it clearly appears that no set of facts can be proved under the pleadings which will entitle the complainant to recover. Bryson, 174 Ill. 2d at 86-87 .

Berlett v. Cargill, Inc.

780 F. Supp. 560 · District Court, N.D. Illinois · Dec 9, 1991

Moreover, the position of merchant is a more senior position than either bookkeeper or clerk (Raisbeck Dep. 32-33, 120; Berlett Dep. 57) and is therefore quite clearly a more fertile ground for promotion than either of those … Berlett concedes that she was not more qualified for the positions than either Fairley or Hethke (Berlett Dep. 33-34).

People v. Harrod

140 Ill. App. 3d 96 · Appellate Court of Illinois · Jan 13, 1986

And, although Beaston does not provide a criterion for the degree of corroborative proof necessary to support a perjury conviction, it clearly does not suggest the stringent standard advanced by defendant. … In order for testimony to qualify as an exception to the hearsay rule as a spontaneous declaration, three elements must be present.

People v. Benedetto

102 Ill. App. 3d 10 · Appellate Court of Illinois · Nov 24, 1981

He requested that the court determine whether he qualified for treatment under the Act before he entered a plea. … Courts will not interfere with such legislation unless the challenged penalty is clearly in excess of the very broad and general constitutional limitations applicable. (People ex rel. Carey v.

City of Batavia v. Sandberg

286 Ill. App. 3d 991 · Appellate Court of Illinois · Mar 19, 1997

Upon a municipality’s determination that an area qualifies as a redevelopment project area as defined in section 11—74.4—3(p) of the Act, it may then develop a redevelopment plan. … The Teska Report’s description of the redevelopment project as conservative was clearly not intended as a limit upon property identification or procurement.

Johnson v. Cook County Officers Electoral Board

680 F. Supp. 1229 · District Court, N.D. Illinois · Feb 19, 1988

The public does not have an interest in seeing qualified persons kept off the primary ballot. … Nevertheless, these rights are qualified by the state’s strong interest in regulating elections.

Cruz v. State of Illinois

District Court, S.D. Illinois · May 17, 2022

Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statuary or constitutional rights of which a reasonable person would … The Court also found the defendants were not entitled to qualified immunity because the delay in assisting the inmate “ran afoul” of the inmate’s clearly established rights under the Eighth Amendment.

Land Commissioners of Commons of Kaskaskia v. President & Trustees of Commons of Kaskaskia

249 Ill. 578 · Illinois Supreme Court · Apr 19, 1911

Clearly, the individual members of this community are not deprived of any property right by the act under consideration. … To establish a school and provide the necessary funds for its support is one thing; its management or conduct, when established and supported, another and quite different thing.”

Kessler v. Continental Casualty Co.

132 Ill. App. 3d 540 · Appellate Court of Illinois · Apr 2, 1985

Such an order is clearly mandatory in nature. Mandatory preliminary injunctions are not favored, and the only justification for such an order is the maintenance of the status quo to avoid irreparable injury. … In order to establish irreparable injury, the plaintiff must show that his legal remedy is inadequate in that money damages will not be adequate compensation or the damages escape pecuniary valuation.

First Assist, Inc. v. Industrial Commission

371 Ill. App. 3d 488 · Appellate Court of Illinois · Jan 31, 2007

He opined that there are jobs for which the claimant is qualified which pay more than she is currently making. … However, the claimant’s testimony clearly establishes that all nurses do not perform the same functions, and Hammond’s testimony establishes that all nurses are not paid the same.

Schultz v. Kant

148 Ill. App. 3d 565 · Appellate Court of Illinois · Oct 10, 1986

Clearly, the presence of crops on a portion of defendant’s acreage south of the Green River indicates defendant’s southerly land was not vacant. … The common and ordinary use establishing the right to an easement by prescription limits and qualifies it so that it cannot be given to different uses and purposes. (Sell v.

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.

Pilarski v. Schmidt

298 Ill. App. 3d 682 · Appellate Court of Illinois · Sep 1, 1998

The court’s order also established a visitation schedule for Tom, Mandy (Cindy’s daughter, Amanda), and Cindy’s other relatives. William timely appeals. … The law clearly permits such a decision by either the guardian or the surrogate, but only if certain criteria are met.

La Salle National Bank v. County of Lake

27 Ill. App. 3d 10 · Appellate Court of Illinois · Mar 21, 1975

We find that these additional requirements would not substantially benefit the future residents of the development and thus the additional requirements are clearly unreasonable. … The association or a public body would not be immune from the financial maladies associated with the operation of a golf course in these times of rising prices.

Brown v. Kirk

33 Ill. App. 3d 477 · Appellate Court of Illinois · Oct 20, 1975

They should not be extended by implications beyond the office or offices expressed or to persons not clearly within their meaning. In other words, they should be construed in favor of eligibility. … A tenant is well qualified to attest to the legitimate needs of low-income tenants, the intended primary beneficiaries of this governmental program.

Canfield v. Spear

99 Ill. App. 2d 107 · Appellate Court of Illinois · Sep 23, 1968

Spear on his own initiative decided to establish a practice in Rockford. They have not, as the trial court found, lost a dermatologist, for they are free to bring in another dermatologist as an associate or partner. … Spear, as the trial court found, as these were earnings from the practice of a specialty that none of them are qualified to engage in.