Case law

Rose v. State of Illinois

District Court, S.D. Illinois · Sep 26, 2023

Additionally, there is no indication that the State of Illinois itself has waived its immunity and consented to the suit by Plaintiff. Waiver of sovereign immunity by a state must be unequivocal. … Thus, Pascente qualifies as a “person” amenable to suit under section 1983.

People v. Sequoia Books, Inc.

165 Ill. App. 3d 143 · Appellate Court of Illinois · Jan 19, 1988

The court later noted the following: “The fact that the liberty of the press may be abused by miscreant purveyors of scandal does not make any the less necessary the immunity of the press from previous restraint in dealing … As such, it is clearly distinguishable. For the foregoing reasons, we hold that the Code (Ill. Rev.

Pease v. ACE HARDWARE HOME CENTER OF ROUND LAKE NO. 252c

147 Ill. App. 3d 546 · Appellate Court of Illinois · Sep 24, 1986

The Kimmel court also stated that it could not say, based upon its examination of the record, that “damages clearly proven had been overlooked.” 36 Ill. App. 2d 137, 142 , 183 N.E.2d 13, 15 . … We disagree and find Morita properly qualified as an expert.

Robbins v. Butler

24 Ill. 387 · Illinois Supreme Court · Apr 15, 1860

But these shareholders have none of the rights or immunities of such, as in a regularly incorporated company. … The agreement or indenture shows clearly, that it was never in the contemplation of the parties to it, that the business of the agency should be committed to two distinct and independent firms or parties at the same time.

Razavi v. School of the Art Institute of Chicago

428 Ill. Dec. 352 · Appellate Court of Illinois · Nov 20, 2018

Where only a qualified privilege is granted, the person making the statment is immune from liability unless some element, such as malice, is present. Mauvais-Jarvis, 2013 IL App (1st) 120070, ¶ 72. … App. 3d 630, 635 (1986) (“The law thus clearly allows for an absolute privilege where there exists a significant interest in protecting the type of speech involved.”).

Hanna v. AMERICAN NAT'L BK. & TRUST CO.

176 Ill. App. 3d 938 · Appellate Court of Illinois · Nov 28, 1988

No business establishments front on Deming Place and the street maintains an open and airy quality. … Further, it is clearly possible that the agreement was not intended, as defendants argue, to constitute an abandonment of the setback line where it had been abolished by a court decree, but rather the intention was that the

Central Illinois Light Co. v. Pollution Control Board

159 Ill. App. 3d 389 · Appellate Court of Illinois · Jul 24, 1987

The permit, issued by the Environmental Protection Agency as part of the State of Illinois’ administration of the NPDES permit program established under the Clean Water Act of 1977 ( 33 U.S.C. secs. 1251 through 1376 (1982 … more qualified to decide technical problems and the mechanics of dealing with them.

Bjork v. Draper

381 Ill. App. 3d 528 · Appellate Court of Illinois · Apr 25, 2008

Under sections 170(f)(3)(B)(iii) and 170(h) of the Code, a person who contributes a “qualified real property interest” to a “qualified organization” exclusively for a “conservation purpose” can claim an income tax charitable … Section 23(d) clearly provides that the easement may be amended. The fourth reference to “in perpetuity” occurs in section 16.

United Pacific Insurance v. Capital Development Board

482 F. Supp. 541 · District Court, N.D. Illinois · Dec 13, 1979

The Capital Development Board would clearly be unable to confer such state agency status upon IBA if the Board were not a state agency and alter ego itself. See also, Talandis Construction Co. v. … of sovereign immunity, we think the federal courts must pay careful attention to the state opinion. 567 F.2d at 330 .

Honeywell International, Inc. v. Department of Revenue

366 Ill. App. 3d 187 · Appellate Court of Illinois · May 5, 2006

Accordingly, we apply the clearly erroneous standard of review. … Law Dictionary defines “possession” as: “The detention and control, or the manual or ideal custody, of anything which may be the subject of property, for one’s use and enjoyment, either as owner or as the proprietor of a qualified

In Re Zisook

88 Ill. 2d 321 · Illinois Supreme Court · Dec 4, 1981

It need only be established that the answer is likely to incriminate the witness. … Although a professional corporation may have been established primarily for tax benefits, these aspects clearly demonstrate that the corporateness of the professional corporation is genuine.

McGuire v. North Breese Coal & Mining Co.

179 Ill. App. 592 · Appellate Court of Illinois · Mar 10, 1913

The evidence establishes the following facts concerning Taylor. He was boss driver. He employed the drivers and gave them orders as to their duties. … The reason for the rule is clearly stated in the Moranda case, supra.

McWilliams v. City Of Chicago

District Court, N.D. Illinois · Sep 17, 2018

“[F]abricating evidence, including witness testimony, violates a clearly established constitutional right, such that qualified immunity does not shield the manufacturers of such evidence from liability.” … See Fields, 740 F.3d 1107 (denying motion to dismiss on immunity grounds and stating that qualified immunity does not protect evidence fabricators from their violation of a clearly established constitutional right).

In Re Estate of Feinberg

235 Ill. 2d 256 · Illinois Supreme Court · Sep 24, 2009

This tension is clearly demonstrated by the three opinions of the appellate court. … Similarly, under the Trusts and Trustees Act, "[a] person establishing a trust may specify in the instrument the rights, powers, duties, limitations and immunities applicable to the trustee, beneficiary and others and those

People v. Davis

208 Ill. App. 3d 33 · Appellate Court of Illinois · Feb 1, 1991

The People qualified the witness as an expert, and we see no error in recognizing this witness as an expert. In Wilson v. … In the case at bar, however, the witness was qualified to discuss the broad subject of sexual abuse. This is clearly not as scientifically clear or as specific as the test the Bryant witness was qualified to discuss.

Saia v. Scripto-Tokai Corp.

Appellate Court of Illinois · May 26, 2006

This case presents the question of whether a foreign corporation that designs a product can immunize itself from liability for negligent design by marketing the product through a subsidiary. … ANALYSIS Tokai argues first that we should ignore all discovery and affirm because the complaint does not state sufficient facts to establish a prima facie case for personal jurisdiction.

In re: the Adoption of H.B.

976 N.E.2d 1193 · Appellate Court of Illinois · Sep 27, 2012

See Douglas R.S., 2012 IL App (5th) 110321, ¶ 7, 968 N.E.2d 201 (“The language [of section 1(D)(n)] clearly establishes a 12- month period for a parent failing to communicate with or keep in contact with the … Had the legislature intended the statute to be construed in -7-  such a manner, it would not have included the preceding, qualifying phrase, “although able to

Jackson v. Graham

323 Ill. App. 3d 766 · Appellate Court of Illinois · Jul 13, 2001

Under that circumstance, the appropriate standard of review clearly would be de nova. See Ferguson v. McKenzie, 202 Ill. 2d 304, 308 (2001); Jones v. … In order to achieve this recognition, it had to be nationally qualified, have facilities approved by a national review group, and have nationally qualified personnel.

Johnson v. Luther

516 F. Supp. 423 · District Court, N.D. Illinois · May 28, 1981

But a court can deny an otherwise qualified applicant leave to file in forma pauperis if the action is clearly frivolous or malicious. Wartman v. … Clearly Johnson had not exhausted his administrative remedies at the time he submitted his petition.

People v. Feazell

386 Ill. App. 3d 55 · Appellate Court of Illinois · Oct 31, 2007

Feazell contends that Winstead’s testimony was substantive and does not qualify as a nonhearsay statement or as a hearsay exception. … Banks’ statements are clearly testimonial in nature.