Case law

The PEOPLE v. Sullivan

46 Ill. 2d 399 · Illinois Supreme Court · Oct 7, 1970

But the circumstances here do not reasonably establish intent to use the hunting knives against another. … He may not, in my opinion, continue, with immunity from further penalty, to do the very things which caused his arrest in the first place.

Scown v. Czarnecki

264 Ill. 305 · Illinois Supreme Court · Jun 16, 1914

Was it meant that only those who' are qualified to vote for so-called constitutional offices were to be thus protected? … In my opinion the legislature clearly exceeded it's authority in the passage of the act in question, and the decree of the superior court should be reversed.-

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.

Plymouth Place, Inc. v. Tully

54 Ill. App. 3d 657 · Appellate Court of Illinois · Nov 28, 1977

While noting the difficulty of defining a charitable institution, the court proceeded to establish guidelines for determining whether an institution qualifies for such status: “It has been stated that a charity is a gift … Furthermore, the fact that most applicants are required to pay a substantial Foundation fee (an average of *10,000 or more), clearly represents an “obstacle” to the receipt of benefits offered by Plymouth.

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

Friedman Electric Co. v. St. Clair County Housing Authority

23 Ill. App. 2d 16 · Appellate Court of Illinois · Oct 27, 1959

It was plaintiff’s burden to establish its compliance with the contract. … We have spent long hours studying the record here, and we cannot arrive at any other conclusion than that the plaintiff, on this whole record, clearly has not established by a preponderance of the evidence that the defendant

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.”

People v. Thorpe

52 Ill. App. 3d 576 · Appellate Court of Illinois · Sep 16, 1977

Kirts, qualified as a forensic psychiatrist, gave his opinion based on the statute that defendant was a sexually dangerous person as defined in the Act. … The record clearly shows that the statements were voluntarily and understandingly made and there is no plausible suggestion to the contrary.

Joseph Taylor Coal Co. v. Dawes

122 Ill. App. 389 · Appellate Court of Illinois · Sep 8, 1905

make it effective, if that can be, and be consistent with established rules of law. … This, we think, clearly presented to the jury their duty with respect to the only contested issue involved in that count, and was sufficient.

Illinois Central Railroad v. Swisher

74 Ill. App. 164 · Appellate Court of Illinois · Dec 17, 1897

the several times to which reference has been made, and we are content to rest the ease upon the reasoning of the two former opinions, with the further statement that the evidence introduced under the original declaration establishes … The evidence in the case clearly proves, as we believe, that George Irvine, a brakeman on the freight train, improperly turned the switch that caused the collision.

Wise v. St. Mary's Hospital

64 Ill. App. 3d 587 · Appellate Court of Illinois · Oct 10, 1978

Mary’s Hospital established the existence of a pedal pulse until November 8, 1970, cyanotic nails and a blue tinge spreading in the toes. … Illinois law is clearly to the contrary. (Borowski v. VonSolbrig, 60 Ill. 2d 418 , 328 N.E.2d 301 .)

Majeske v. City of Chicago

740 F. Supp. 1350 · District Court, N.D. Illinois · Jun 27, 1990

The Commissioner of Personnel shall establish the minimum requirements or passing score for all examinations and parts thereof. … It is unnecessary to decide the merits of defendants’ contentions with respect to dismissing the individual defendants on qualified immunity grounds and that the claims against them in their official capacities should be

Dorsey v. Ryan

110 Ill. App. 3d 577 · Appellate Court of Illinois · Nov 30, 1982

the monument or its accessories, but whose location has been perpetuated, or the point for which may be recovered beyond reasonable doubt by the acts and testimony of the interested landowners, competent surveyors, other qualified … The mode of apportionment is clearly expressed, and it seems to be entirely equitable.

Geisberger v. Willuhn

72 Ill. App. 3d 435 · Appellate Court of Illinois · Jun 1, 1979

The cases cited by the plaintiff herein are clearly distinguishable from the majority opinion quoted above. Costa v. Regents of University of California (Cal. … Finally, in a related context, the name and the identity of a client does not generally qualify as confidential information protected from disclosure by the attorney-client privilege. (Leindecker v.

Mosely v. City of Chicago

252 F.R.D. 421 · District Court, N.D. Illinois · Aug 11, 2008

by some Circuit Courts of Appeals, but rejected by the Seventh Circuit) and by the Illinois qualified journalist’s privilege. … Thus, no category of information or class of witness is immune from subpoena. Otherwise we would have a per se rule rather than a discretionary choice.

People v. Schwartz

64 Ill. 2d 275 · Illinois Supreme Court · Oct 1, 1976

The provision merely establishes that an attorney may not act as a paid intermediary or placement agent for a party desiring to buy or sell a child. … As such, the statute treats an attorney in the same manner as any other individual who does not qualify for the exemption contained in section 12 — 1.

Sheahan v. City of Chicago

127 Ill. App. 626 · Appellate Court of Illinois · Jul 13, 1906

Appellant’s personal convenience and efficiency in the discharge of his duties doubtless suggested that he be qualified to administer the oaths. … The “Act to enable the corporate authorities of cities to establish and fix the salaries of city officers,” approved April 23, 1873 (1 Starr & Curtis, 2nd Ed., p. 826), confers authority on the common council or legislative

Metropolitan Water Reclamation District of Greater Chicago v. Department of Revenue

313 Ill. App. 3d 469 · Appellate Court of Illinois · May 17, 2000

For the reasons set forth below, we reverse the circuit court and affirm the Department’s determination that the District’s property did not qualify for an exemption from taxation. … This is a mixed question of law and fact; thus, this court may only overturn the Department’s decision if it is clearly erroneous. See City of Belvidere v.

Chicago Park District v. Lyons

39 Ill. 2d 584 · Illinois Supreme Court · May 29, 1968

And, if defendant’s actions are constitutionally immunized from proscription, other similar distributions will be similarly protected. … Under such conditions it seems to us clearly foreseeable that some pamphlets would be dislodged and blown to the ground.

Hughes v. Twenty-First Century Fox, Inc.

304 F. Supp. 3d 429 · District Court, S.D. Illinois · Apr 24, 2018

"An individual must be clearly identifiable in an allegedly defamatory statement to support a claim for defamation." Algarin v. Town of Wallkill , 421 F.3d 137 , 139 (2d Cir. 2005). … Here, the Complaint does not clearly allege that Hughes suffered economic, emotional, and reputational damage from the publication of Defendants' statement to the National Enquirer.