Case law

Schreiber v. County of Cook

388 Ill. 297 · Illinois Supreme Court · Nov 22, 1944

Marx, 370 Ill. 264 , specifically relied upon by appellant, establishes nothing to the contrary. … It will be observed that the special immunity and privilege complained of is imposed upon or in favor of a taxing district or municipal or public corporation.

People v. Rowell

2021 IL App (4th) 180819 · Appellate Court of Illinois · Jan 26, 2021

In 2016, the State of Illinois passed a law stating that a licensed user of medical cannabis “shall not be considered an unlawful user” and that medical cannabis “purchased by a qualifying patient at a licensed … However, Illinois law clearly provides that if the officers had probable cause to search the vehicle for cannabis, they were justified in searching any containers that had a reasonable likelihood of containing

Caterpillar, Inc. v. Illinois Commerce Comm'n

Appellate Court of Illinois · Mar 24, 2004

Clearly, it may grant or deny a petition, or take no action on the petition. … With this consideration in mind, we do not believe appellants have overcome their burden of establishing the Commission's order was unreasonable.

Maritote v. Desilu Productions, Inc.

230 F. Supp. 721 · District Court, N.D. Illinois · Jun 12, 1964

(Emphasis added) While we are not bound by these lower court pronouncements, we cannot help but be influenced by the Judges’ statements of Illinois law, which they are ably qualified to interpret. … Yet, if the courts are to overcome the imperfections in the law, we must do it within the framework of our established legal system.

Ragan v. AT & T CORP.

355 Ill. App. 3d 1143 · Appellate Court of Illinois · Mar 1, 2005

The Seventh Circuit found that the CSA clearly provided a mechanism for rejecting the offer and that the customer had a reasonable opportunity to reject the offer but failed to do so. … The arbitration process established by this section is governed by the [EAA], 9 U.S.C. §§ 1-16 . You have the right to take any dispute that qualifies to small claims court rather than arbitration.

RETAIL LIQUOR DEALERS ASS'N OF ILL. v. Fleck

408 Ill. 219 · Illinois Supreme Court · Jan 18, 1951

commission pass upon the qualifications of an applicant for State liquor retailer's license, (other than manufacturers, distributors or importing distributors, nonbeverage users, railroads and boats for which authority is clearly … Section 7a of article VII is authority for the establishing of a license appeal commission for each city, village or incorporated town having a population of over 200,000, *224 and the next section provides for an appeal

Progress Development Corporation v. Mitchell

219 F. Supp. 156 · District Court, N.D. Illinois · Jul 11, 1963

with the evidence door thus opened to its widest point,’ there is no evidence that any member of the Park Board formed or engaged in any conspiracy to deprive Progress of any of its legal rights. * * * ****** “The evidence clearly … Gallion, et al., 368 U.S. 16 , 82 S.Ct. 4 , 7 L.Ed.2d 85 , involved an action against state officials for deprivation of rights, privileges or immunities granted by the Constitution or Federal laws.

ROCKFORD POLICE BENEV. ASS'N v. Morrissey

398 Ill. App. 3d 145 · Appellate Court of Illinois · Jan 22, 2010

Our supreme court has consistently stated that "the extension of an existing privilege or establishment of a new one is a matter best deferred to the legislature." … Defendants assert that the award of over $14,000 in attorney fees is punitive and clearly excessive.

People v. Williams

188 Ill. 2d 293 · Illinois Supreme Court · Oct 21, 1999

A finding of not guilty will qualify as an acquittal for double jeopardy purposes when there was insufficient evidence to establish as a matter of law some or all of the essential elements of the crime. People ex rel. … Even then, the court did not attempt to qualify or condition its decision. It merely stated that it would be willing to consider additional authority.

Bradley v. Doe

District Court, N.D. Illinois · Nov 8, 2024

Under 4 The Kane County Defendants also argue that qualified immunity protects the Sheriff and the Correctional Officers from claims brought against them in their individual capacity, but they base this argument solely … Having found that Bradley has sufficiently linked Keaty to the denial of an accessible cell and necessary disability management items on March 10, 2023, the Court does not find the qualified immunity argument persuasive

Murillo v. Page

294 Ill. App. 3d 860 · Appellate Court of Illinois · Feb 4, 1998

A decision on a motion to dismiss is a matter of discretion for the trial court, and a complaint should not be dismissed unless it clearly appears that no set of facts can be proved which entitles plaintiff to recover. … A civil rights complaint under section 1983 can be brought when a person whose conduct, under color of state law, has deprived another of any rights, privileges, or immunities secured by the constitution and laws.

Anderson v. City of Kewanee

99 Ill. App. 3d 456 · Appellate Court of Illinois · Aug 27, 1981

The concepts of res judicata and estoppel by judgment are clearly established. … Clearly, Warner and Anderson were involved in the three 79 suits for reinstatement.

In re Marriage of Cutler

334 Ill. App. 3d 731 · Appellate Court of Illinois · Oct 22, 2002

In establishing a market value in this case, Tzinberg used a multiplier of gross revenues as a rule of thumb. … These restrictions clearly have a significant negative impact on the fair market value of the agency.

Phifer v. Gingher

2017 IL App (3d) 160170 · Appellate Court of Illinois · Jul 14, 2017

-4- ¶ 23 Next, both sides agree the records at issue qualify as mental health records that are normally privileged under the Act. … establishes in the trial court a compelling need for its production.”

People v. Henne

165 Ill. App. 3d 315 · Appellate Court of Illinois · Jan 26, 1988

Krail Lattig was qualified as a forensic scientist expert and testified his specialty includes footwear identification. … The record clearly establishes that counsel attacked the victim’s identification through various means. The victim’s courtroom testimony shows she was very strong on her in-court identification.

Greene v. Frank

324 Ill. App. 444 · Appellate Court of Illinois · Dec 19, 1944

Arthur Greene, son-in-law of the testator, was named executor of his will, letters testamentary were issued to him as executor on April 23, 1942 and he qualified and acted as such. … In that event it was clearly his intention that the amount of the legacies would he paid to his widow as sole residuary legatee.

People v. Weninger

243 Ill. App. 3d 719 · Appellate Court of Illinois · Mar 30, 1993

The defendant, for the first time on appeal, contends that Rexroat was not adequately qualified as an expert witness. … We additionally note, however, that Rexroat was clearly qualified to give an opinion in this case.

Battisfore v. Moraites

186 Ill. App. 3d 180 · Appellate Court of Illinois · Jul 17, 1989

Act (Tort Immunity Act) (Ill. … However, I believe plaintiff could not and did not present sufficient material facts to establish liability.

City of Park Ridge v. Illinois Labor Relations Board

2024 IL App (1st) 221924-U · Appellate Court of Illinois · Oct 28, 2024

The City argues that that  1-22-1924 the Board’s decision is clearly erroneous. … Ortlund did not believe that section 10.6 of the CBA allowed the fire chief to establish which employees were qualified to trade shifts.

Cahman v. Agency Rent-A-Car Systems, Inc.

Appellate Court of Illinois · Sep 30, 1997

This is clearly not the intent of the legislature. … Instead of establishing an escrow account for taxes and insurance, plaintiffs pledged a certificate of deposit as permitted by the Escrow Act. Defendant charged plaintiffs a fee for doing so.