Case law

Pearson v. DaimlerChrysler Corp.

349 Ill. App. 3d 688 · Appellate Court of Illinois · Jul 22, 2004

Reversal of the judgment on that claim is warranted as the erroneous instruction clearly misled the jury and prejudiced Zenari. … A person need only meet one of these three prongs in order to qualify as a consumer under the Act. Dekelaita, 343 Ill. App. 3d at 807 .

Brown v. Village of Lisle

2023 IL App (2d) 210732-U · Appellate Court of Illinois · May 16, 2023

The department’s director, superintendent, or foreman then determined if a weather forecast qualified for a weather event response from the village. … To require defendant to remove freezing rain within 30 minutes where it had no actual or constructive notice, and limited resources, would be clearly unreasonable.

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.

Smithberg v. Illinois Municipal Retirement Fund

192 Ill. 2d 291 · Illinois Supreme Court · Aug 10, 2000

Nancy answered and filed a counter-complaint for declaratory judgment, seeking to establish her right to the death benefit. … She could hardly argue otherwise, as that proposition has been so firmly established in this state over the years as to be beyond dispute.

Lambert v. Village of Summit

104 Ill. App. 3d 1034 · Appellate Court of Illinois · Mar 10, 1982

In the case at bar, unlike Wilson and Bowman Dairy Co., the time requirement of the Wrongful Death Act was clearly met. … Clearly, plaintiff in this case did not delay in the bringing of this suit.

Reese v. Trost

District Court, S.D. Illinois · Sep 22, 2020

Trost’s argument of qualified immunity. However, the Court notes the Seventh Circuit has found that qualified immunity does not apply to private medical personnel in prisons. See Petties v. … Illinois Dep’t of Corrections, 746 F.3d 782, 794 (7th Cir. 2014)), and even if Moldenhauer was entitled to such immunity, his conduct in ignoring and failing to treat Plaintiff’s complaints violates clearly established

Richardson v. Koeneman

410 B.R. 820 · District Court, C.D. Illinois · Jul 29, 2009

ANALYSIS A district court must uphold a bankruptcy court’s findings of facts unless they are clearly erroneous, and legal conclusions are reviewed de novo. Matter of Excalibur Auto. … Noting that the evidence before the Committee ‘clearly established a causal connection between harsh garnishment laws and high levels of personal bankruptcies, the House Report concluded: ‘The limitations on the garnishment

Pozner v. Mauck

73 Ill. 2d 250 · Illinois Supreme Court · Nov 22, 1978

As defendant has shown, the purpose of Public Act 78—637 is to better insure that only qualified individuals sell insurance, and to make insurance companies more responsible for the representations of their agents. … Plaintiffs apparently have misread Perry, as the court there clearly rejected the argument that an expectancy is protected by due process, requiring something more in the nature of a “legitimate claim of entitlement” (Perry

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.

The People v. Lawson

331 Ill. 380 · Illinois Supreme Court · Jun 23, 1928

To establish his defense Lawson relied on the testimony of himself and of Mann, who pleaded guilty. … The State’s attorney was called as a witness and denied that he had promised immunity to Thomas Dabney in consideration of his testifying for the People.

Micklos v. Highsmith

149 Ill. App. 3d 779 · Appellate Court of Illinois · Nov 25, 1986

Thus Hightower qualified as an expert witness under Supreme Court Rule 220 (103 Ill. 2d R. 220). … This allegation of error does not specify the grounds upon which it is based and is clearly inadequate under the standard enunciated in Brown and in section 2 — 1202(b) of the Code of Civil Procedure (Ill. Rev.

Slate v. Makes Cents, Inc.

District Court, N.D. Illinois · May 17, 2023

the burden of litigation on the sovereign if immunity is established. … See Meyers, 836 F.3d at 822 (stating that “sovereign immunity, like qualified immunity, also bears the characteristics of ‘immunity from trial and the attendant burdens of litigation’”) (quoting Abelesz v.

London Guarantee & Accident Co. v. Horn

206 Ill. 493 · Illinois Supreme Court · Dec 16, 1903

It will be manifest from these examples that immunity from liability for the exercise of a legal right does not rest alone upon the right of competition in trade, but is founded upon the truism “that the exercise by one man … Pendleton, 90 Me. 258 , (decided in 1897,) the Vermont case, supra, was cited for that part of the opinion which says: “The authorities cited for.the plaintiff clearly established that if the defendant; without having any

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).

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

Klose v. Mende Modified on Denial of Rehearing - replaces opinion filed December 7, 2001 Opinion text corrected May 24, 2002

Appellate Court of Illinois · Apr 18, 2002

At a minimum, however, a valid order needs to incorporate as much of the survey as necessary to clearly indicate the courses and distances of the route of the road and the land over which it passes. … 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.

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

People v. Lucas

132 Ill. 2d 399 · Illinois Supreme Court · Dec 21, 1989

Carol Newman, a nurse employed with the Vermilion County health department, testified that on January 28, 1986, Shelly Carrigan and the defendant brought Danny in for DPT and polio immunizations. … Clearly, the photographs in question may be perceived as gruesome.

Cloutier v. Gojet Airlines, LLC

311 F. Supp. 3d 928 · District Court, E.D. Illinois · May 15, 2018

GoJet argues that Cloutier's ADA discrimination claim fails because (1) he cannot establish that he is a qualified individual with a disability within the meaning of the ADA, (2) he cannot show that his disability was a but-for … To defeat summary judgment on an ADA discrimination claim that alleges disparate treatment, a plaintiff must point to evidence sufficient to establish that (1) he is a qualified individual with a disability within the meaning