Case law

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  • Louisville, New Albany & Chicago Railway Co. v. Shires

    108 Ill. 617 · Illinois Supreme Court · Jan 23, 1884

    To establish and regulate the police of the city. * * * Forty-second. … The substance of the act relied upon, clearly stated, is all that could be required. Conciseness in pleading is always commendable.

    Cited 35 timesPublished
  • Sturgeon Bay Harbor Co. v. Leatham

    164 Ill. 239 · Illinois Supreme Court · Nov 9, 1896

    The meaning is the same as though the qualifying words were repeated before the word, “passengers,” that is to say, as though the clause read: “boats, etc., used for the transportation of freight, and boats, etc., used for … expressed in the statute; and the rule of construction is, that any ambiguity in the terms of the contract must operate against the company and in favor of the public; so that the proprietors can claim nothing which is not clearly

    Cited 10 timesPublished
  • Topp v. Logan

    197 Ill. App. 3d 285 · Appellate Court of Illinois · Mar 30, 1990

    In the instant case, the evidence presented by plaintiffs clearly conflicted with that presented by defendant. … Moreover, plaintiffs failed to establish that defendant’s conduct was the proximate cause of the injuries suffered by Topp.

    Cited 21 timesPublished
  • Tankersley v. Albright

    374 F. Supp. 538 · District Court, N.D. Illinois · Feb 5, 1974

    The McCormick-Patterson Trust The Trust was established in Illinois in 1932, and will terminate on April 1, 1975. … In their “Reply to Defendants’ Memorandum in Opposition to Motion to Dismiss Counterclaims,” plaintiffs declare: “It was clearly established when the Trust was created that shareholders in Illinois may lawfully utilize a

    Reversed on other grounds by Fed. Sec. L. Rep. P 95,029 Ruth Elizabeth McCormick Tankersley v. Joseph M. P. Albright and Josephine P. Albright, 514 F.2d 956 (1975)Cited 17 timesPublished
  • MBA Enterprises, Inc. v. NI Gas Co.

    Appellate Court of Illinois · Aug 31, 1999

    The plaintiffs' complaint alleges a number of negligent acts by NI Gas that clearly fall within the purview of installation and construction of the piping system. … Finally, the question decided on appeal in Cates was whether the defendant met its burden of establishing that a cold rolling mill was an improvement to real property.

    Cited 0 timesPublished
  • Continental Homes of Chicago, Inc. v. County of Lake

    37 Ill. App. 3d 727 · Appellate Court of Illinois · Apr 23, 1976

    Rezek testified for plaintiffs after being qualified as an expert consulting civil engineer. … The property is clearly suitable for the proposed purpose.

    Cited 8 timesPublished
  • Richard's Tire Co. v. Zehnder

    295 Ill. App. 3d 48 · Appellate Court of Illinois · Mar 6, 1998

    However, our review of the record leads us to clearly conclude that plaintiffs machinery is primarily used in the process of manufacturing retread tires. … This standard is well established in Illinois jurisprudence. See, e.g., Colorcraft Corp. v. Department of Revenue, 112 Ill. 2d 473, 481-82 (1986); Rodman v.

    Cited 46 timesPublished
  • Cullen v. United States

    372 F. Supp. 441 · District Court, N.D. Illinois · Feb 22, 1974

    This is a civil action against the defendants seeking damages, preliminary and permanent injunctive relief, and a declaratory judgment, to redress the alleged deprivation of the rights, privileges and immunities guaranteed … An essential concommitant of adequate protection is that the *448 party’s attorney be qualified, experienced, and generally able to conduct the proposed litigation.

    Cited 8 timesPublished
  • People v. Larson

    196 N.E.3d 1187 · Appellate Court of Illinois · Jan 10, 2022

    Of the 16 statements presented, only 5 clearly met the definition of “representative.” … We recognize that we cannot definitively conclude that any of these people were not “household member[s] of” Kameron, such that they would qualify as a representative.

    Cited 26 timesPublished
  • Edwards v. Schillinger

    245 Ill. 231 · Illinois Supreme Court · Apr 21, 1910

    On November 8, 1902, the corporation was adjudged a bankrupt by the district court of the United States in Missouri, and the complainant was elected trustee of the estate and qualified as such. … The court said that it would be neither just nor wise to bestow upon foreign corporations having property within this State and exercising powers and privileges here, immunity of exemption from observance of their contracts

    Cited 37 timesPublished
  • People v. Jones

    214 Ill. 2d 187 · Illinois Supreme Court · Feb 3, 2005

    In sum, by 1986, the Vehicle Code clearly did not provide a right to refuse chemical testing. … This interpretation of section 11 — 501.2(c)(2) is consistent with well-established principles of statutory interpretation.

    Limited by Yachnin v. Village of Libertyville, 803 F. Supp. 2d 844 (2011)Cited 130 timesPublished
  • Triple A Services, Inc. v. Rice

    174 Ill. App. 3d 654 · Appellate Court of Illinois · Aug 19, 1988

    Instead, plaintiffs’ evidence clearly established that before enacting the ordinance the city council did not consider any preenactment examinations or studies of the impact of mobile food vendors or their vehicles on the … Holtzman (1956), 8 Ill. 2d 87 , 93: ‘The mere fact that political rights and questions are involved does not create immunity from judicial review.

    Cited 2 timesPublished
  • People v. Cooper

    64 Ill. App. 3d 880 · Appellate Court of Illinois · Oct 19, 1978

    Stat. 1975, ch. 38, par. 105 — 1.01 et seq.), seeking the appointment of two qualified psychiatrists to examine the defendant, pursuant to the Act. … Further, the evidence showed that the defendant had engaged in aggressive sexual advances, forcing himself upon an 11-year-old girl— conduct clearly manifesting a mental disorder.

    Cited 5 timesPublished
  • Clark v. Lindsay Light & Chemical Co.

    341 Ill. App. 316 · Appellate Court of Illinois · Aug 1, 1950

    Lindsay Light & Chemical Co., 393 Ill. 367 , did not in any way qualify the law as to the old common law rights and that this last cited case simply decided that where one obtained a law judgment for the sum of $1.00, this … To warrant the allowance of the writ of injunction it must clearly appear that some act has been done or is threatened against the plaintiff which will produce an irreparable injury to him. (Cleveland v.

    Cited 2 timesPublished
  • 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.

    Cited 0 timesUnknown
  • In Re TRANS UNION CORP. PRIVACY LITIGATION

    326 F. Supp. 2d 893 · District Court, N.D. Illinois · Jul 6, 2004

    was alone sufficient to establish that that information was used for that purpose. … Trans Union's argument that it could not have willfully violated the statute until there was an authoritative ruling that its lists are consumer reports seems to suggest that it possessed a sort of "qualified immunity” to

    Cited 10 timesPublished
  • 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

    Cited 0 timesUnknown
  • People v. Evans

    307 Ill. Dec. 353 · Appellate Court of Illinois · Dec 15, 2006

    Defendant’s claim is based upon two specific grounds: (1) the State failed to establish an adequate foundation for Carter’s testimony that defendant kicked or stamped Casey and (2) the evidence was insufficient to establish … “Matters of trial strategy are generally immune from claims of ineffective assistance of counsel.” People v. Smith, 195 Ill. 2d 179, 188 , 745 N.E.2d 1194, 1200 (2000).

    Abrogated on other grounds by People v. Veach, 2017 Ill. LEXIS 461 (2017)Cited 27 timesPublished
  • Romiti v. Kerner

    256 F. Supp. 35 · District Court, N.D. Illinois · Jun 30, 1966

    Philip Romiti, a resident of Cook County, Illinois, which comprises the present first judicial district of Illinois, has brought suit as a taxpayer of Illinois and the United States and as a qualified voter in Cook County … The result has been a complete reorganization of entire judicial system in Illinois, with the establishment of an adequate system of administrative control.

    Cited 5 timesPublished
  • Morrison v. Kelly

    22 Ill. 610 · Illinois Supreme Court · Apr 15, 1859

    This we have seen is the principle established in the cases of Doyle v. Teas, Rupert v. Mack, and Mc Connell v. … The defendant’s eleventh instruction was not properly qualified by pointing out which deed from Green to Cushman was referred to, whether the first or last.

    Cited 26 timesPublished

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