Case law

Chatkin v. University of Illinois

411 Ill. 105 · Illinois Supreme Court · Jan 24, 1952

be scientific, logical or consistent if it is reasonably adapted to secure the purpose for which it is intended and is not purely arbitrary. * * * It [classification] cannot be disturbed by the courts unless they can see clearly … The classification adopted herein, on the basis of whether an examination was taken in qualifying as a public accountant, is reasonably related to the legislative purpose and predicated upon real differences, recognized as

County Collector v. Du Page Art League

157 Ill. App. 3d 355 · Appellate Court of Illinois · Jul 6, 1987

The Revenue Act provides three factors which must be met in order to qualify for a charitable exemption. … A taxpayer must qualify as an organization described in sections 19.1 through 19.23 of the Revenue Act of 1939 (Ill. Rev.

Taylor v. Police Board of the City of Chicago

2011 IL App (1st) 101156 · Appellate Court of Illinois · Nov 4, 2011

The court noted that such findings are entitled to “extreme deference” and are not subject to reversal unless “clearly erroneous.” … the Board’s ruling that Taylor committed perjury, which it issued without disclosing its reasoning, was clearly erroneous.

Chicago Teachers Union v. Illinois Educational Labor Relations Board

Appellate Court of Illinois · Oct 24, 2002

rule of law as applied to the established facts is or is not violated.'" … Instead, the grievance alleged, the Board of Education assigned Greenburg to teach second grade and assigned a less senior and less qualified teacher to the pre-kindergarten class.

Jones v. Pfister

District Court, N.D. Illinois · Mar 17, 2021

Qualified Immunity That leaves Pfister’s argument that he is entitled to qualified immunity as to Jones’s surviving claims. … “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Kisela v. Hughes, 138 S.

Frigo v. Silver Cross Hosp. and Medical Center

377 Ill. App. 3d 43 · Appellate Court of Illinois · Sep 20, 2007

Kirchner was qualified for category II privileges through a grandfather clause. Pawlak testified that there was no grandfather clause in the rules. … (West 2000)) does not immunize Silver Cross against plaintiff's claims based upon the hospital's credentialing decisions.

Everly v. Chicago Police Board

119 Ill. App. 3d 631 · Appellate Court of Illinois · Nov 23, 1983

The decision of the Board should not be set aside by a reviewing court unless the opposite conclusion is clearly evident. … Therefore, we hold that Everly established no conflict of interest by the corporation counsel.

People v. Hoffmann

140 Ill. App. 3d 1056 · Appellate Court of Illinois · Feb 5, 1986

The plain language of section 5 — 2—4(f) in no way limits the type of witness qualified to testify at a discharge hearing. … Tuteur, as well as the majority of the evidence, clearly and convincingly support the court’s denial of defendant’s petition for discharge and conditional release.

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.

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

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

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 .

Maki v. Frelk

40 Ill. 2d 193 · Illinois Supreme Court · Jul 11, 1968

Johnson, 103 Ill. 512 ), the rule was in general our law until clearly abandoned by this court in Lake Shore and Michigan Southern Railway Co. v. Hessions, 150 Ill. 546 , and City of Lanark v. Dougherty, 153 Ill. 163 . … Kaneland Community Unit Dist., 18 Ill.2d 11 , ‘The doctrine of school immunity [privity and negligence] was created by this court alone.

Berlin v. Sarah Bush Lincoln Health Center

279 Ill. App. 3d 447 · Appellate Court of Illinois · Apr 12, 1996

It can be done only by a duly qualified human being, and to qualify something more than mere knowledge or skill is essential.’ ” (Emphasis added.) … may obtain a license to practice medicine and that no corporation can qualify.

Dept of Corrections v. Human Rights Comm'n

Appellate Court of Illinois · Jul 31, 1998

First, plaintiff must establish a prima facie case of discrimination which will give rise to a rebuttable presumption that the employer unlawfully discriminated. … The record clearly shows that the decision to discharge Green was based, in part, upon the subject administrative directives.

Purcell v. Illinois Workers' Compensation Comm'n

2021 IL App (4th) 200359WC · Appellate Court of Illinois · Apr 27, 2021

If we answer that question in the negative, then we will decide whether she qualified as a traveling employee and satisfied the element in that capacity. … A finding of fact is against the manifest weight of the evidence when an opposite conclusion is clearly apparent. Gross v. Illinois Workers’ Compensation Comm’n, 2011 IL App (4th) 100615WC, ¶ 21.

Stepan Co. v. Pollution Control Board

193 Ill. App. 3d 827 · Appellate Court of Illinois · Feb 8, 1990

Because administrative agencies are inherently more qualified to decide technical problems, this court, when reviewing administrative rules and regulations, may not invalidate a regulation unless it is clearly arbitrary, … Stepan next asserts the compliance date established by the Board was arbitrary, unreasonable, and capricious. The Board adopted the rule on November 25, 1987, and established a December 31, 1987, compliance date.

Costello v. Capital Cities Communications, Inc.

153 Ill. App. 3d 956 · Appellate Court of Illinois · Mar 11, 1987

The judiciary's task in accommodating these competing interests is by no means new: at common law, the fair comment doctrine bestowed qualified immunity from libel actions as to certain types of opinions in order that writers … As a basis for doing so, the majority asserts that 1) the Illinois Supreme Court has considered and rejected the Ollman standards, 2) the protected-expression-of-opinion rule is not clearly established, 3) the Ollman standards

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

In re Commitment of Evans

459 Ill. Dec. 128 · Appellate Court of Illinois · Jun 7, 2021

difficulty controlling their sexual behavior or provides information about how the person may act currently or in the future. ¶ 33 Abbott said he believes Evans no longer has a pedophilic disorder, but “clearly … The court, citing Gavin, held “the expert’s testimony clearly linked the respondent’s substantial probability of reoffending to his mental disorders.”