Case law

People ex rel. Burdick v. Board of Education

166 Ill. 388 · Illinois Supreme Court · Nov 11, 1896

That act provided, that the board of education should appoint a treasurer to hold office for one year and until his successor should be elected and qualified, subject to removal by a vote of the majority of the board. … If two statutes are clearly repugnant to each other, the one last enacted operates as a repeal of the former; and a subsequent statute, which revises the whole subject of a former one, and is intended as a substitute for

Dayton v. Pledge

2019 IL App (3d) 170698 · Appellate Court of Illinois · Jul 22, 2019

Defendants filed a motion for summary judgment, arguing that plaintiffs’ claims were barred by the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2-202 (West … At trial, the evidence established that a driver has a duty to yield to an emergency vehicle that is immediately approaching.

Home Depot, U.S.A., Inc. v. Department of Revenue

355 Ill. App. 3d 370 · Appellate Court of Illinois · Feb 8, 2005

App. 3d 1129, 1143-45 (2004) (mixed question of law and fact in which the issue of whether the law, as applied to the established facts, is or is not violated receives review under “clearly erroneous” standard. … As demonstrated by the facts of this case, more than one office can arguably qualify as the entity’s most important office.

Colella v. JMS Trucking Company of Illinois, Inc.

Appellate Court of Illinois · Jul 22, 2010

The trial court denied that motion, finding that Brennan’s proffered experience qualified him as an expert. … A trial court’s ruling on a motion for new trial will not be reversed unless there is an affirmative showing that it clearly abused its discretion.

Kouzoukas v. Retirement Board of the Policemen's Annuity & Benefit Fund

234 Ill. 2d 446 · Illinois Supreme Court · Sep 24, 2009

Although it is true that the Board’s credibility determinations should be afforded considerable weight, they are not immune from review. … In the case at bar, Kouzoukas presented evidence which established that she had chronic back pain which severely limited her ability to sit, stand, walk, drive, and wear a gunbelt.

Schlosser v. State

2012 IL App (3d) 110115 · Appellate Court of Illinois · Jan 18, 2012

As such, we must determine whether this offense involves the use or threat of physical force or violence against any individual in order to qualify as a forcible felony. 720 ILCS 5/2-8 (West 2010). … Defendant, through his actions both on the computer and in driving to meet someone he thought was a 14-year-old girl, and then telling police he was the girl’s uncle, clearly exhibited the “contemplation” and

Continental Illinois National Bank v. Lenckos

102 Ill. 2d 210 · Illinois Supreme Court · May 25, 1984

This is. clearly in violation of the Act’s goal of imposing a tax measured by net income. … Ed. 481 ], that obligations of the Federal Government are immune from state taxation.

People v. Yancy

306 Ill. Dec. 657 · Appellate Court of Illinois · Dec 29, 2005

Accordingly, we find that the testimony was clearly improper hearsay. See People v. Smith, 256 Ill. … Second, the prior convictions must themselves have been established through procedures that complied with due process.

Doria v. Costello

22 Ill. App. 3d 505 · Appellate Court of Illinois · Sep 3, 1974

In light of the above-quoted authority, Kalivoda was qualified to offer his opinion as to plaintiff’s sobriety or lack of it. … Each party established the facts necessary to support his theory of the case by means of direct evidence.

People v. Smith

257 Ill. App. 3d 252 · Appellate Court of Illinois · Dec 28, 1993

Defendant here clearly is guilty of a Class 4 felony because of his 1978 burglary conviction. … The supreme court ruled this was permissible because no single factor was used both to establish the elements of defendant’s crime and to sentence him to an extended term of imprisonment. (Gonzalez, 151 Ill. 2d at 85 .)

Kalalinick v. Knoll

97 Ill. App. 3d 660 · Appellate Court of Illinois · Jun 11, 1981

It was early established in Weisguth v. … or the basis for the opinion; (4) the author’s authority and identity were not established; (5) the document was without relevance; and (6) it failed to qualify as a business record.

Sorrells v. City of Macomb

44 N.E.3d 453 · Appellate Court of Illinois · Oct 23, 2015

The City also argued that it was immune from liability under section 2-104 of the Local Governmental and Governmental Employees Tort Immunity Act (Illinois Tort Immunity Act) (745 ILCS 10/2-104 (West 2012) … the Illinois Tort Immunity Act (745 ILCS 10/2-103 (West 2012)) (providing immunity to a local public entity for adopting or failing to adopt an enactment or failing to enforce a law)

People v. Jamesson

329 Ill. App. 3d 446 · Appellate Court of Illinois · Apr 23, 2002

Schecht added that he had been qualified to testify in court as a gang expert on 15 to 20 prior occasions. … Inasmuch as defendant is the party challenging the constitutionality of a statute, he bears the burden of clearly establishing the constitutional violation. See Wright, 194 Ill. 2d at 24 ; People v. DePalma, 256 Ill.

United States Ex. Rel. Humphrey v. Franklin-Williamson Human Services, Inc.

189 F. Supp. 2d 862 · District Court, S.D. Illinois · Mar 11, 2002

Some of FWHS’s indigent patients qualify for Medicaid assistance because their incomes and/or assets are below the threshold necessary to qualify for the Medicaid program. … Clearly, the word “reimburse” signifies a re payment for money already spent.

Neumann v. Carlson Environmental, Inc.

429 F. Supp. 2d 946 · District Court, N.D. Illinois · Apr 20, 2006

Such an action is in derogation of state law and clearly interferes with Illinois’ ongoing efforts to establish a coherent, unified statewide policy governing liability of LUST sites. … Rhodes, 101 Ill.2d 1, 10 , 77 Ill.Dec. 759 , 461 N.E.2d 382 (1984) (holding that defendants with tort immunity are potentially liable in tort until their immunity is established).

People v. Henderson

129 Ill. App. 3d 611 · Appellate Court of Illinois · Dec 13, 1984

The time frame was clearly established. No separate facts were alleged establishing reasonable cause to believe additional conversations would take place. … Clearly, McCarthy was entitled to rely on this firsthand observation by Crockett.” 84 Ill. App. 3d 359, 367 , 405 N.E.2d 809, 816-17 .

Fehrenbacher v. UnitedHealthcare Insurance Company

District Court, N.D. Illinois · Jun 5, 2025

But even where a statement is not absolutely privileged, it may nonetheless be protected by a qualified privilege whereby “the person making the statement is immune from liability unless some element, such as malice, is … In any case, UHC seeks dismissal only on absolute rather qualified privilege grounds.

People ex rel. Nelson v. Farmers State Bank

283 Ill. App. 414 · Appellate Court of Illinois · Jan 17, 1936

Adair and Elizabeth Adelia Adair seeking to establish a preference for a deposit in the said bank made by Harry and W. A. Hill, as executors under the last will and testament of Henry D. Hill, deceased. … In said case the village of Maywood had passed a valid ordinance requiring a bank to execute an indemnity bond to qualify as a depository for certain classes of village funds.

Tate v. The City of Chicago

District Court, N.D. Illinois · May 20, 2019

Additionally, the Court needs to consider the defenses set forth by the parties, including the asserted defense of qualified immunity. … In this situation, bifurcation will not avoid a second trial….”); Awalt, 2012 WL 1161500, at *12 (“In addition, it is likely that some of the Defendants in this case will assert immunity from liability—qualified immunity

Johnson v. City of Evanston

39 Ill. App. 3d 419 · Appellate Court of Illinois · May 28, 1976

may and do occur subsequent to adoption of the combined annual budget and appropriation ordinance for Evanston Township by the city council which affect the amount of monies available for payment of general assistance to qualified … Where the intent of the legislature is expressed clearly in the language of the statute, there is no room for judicial interpretation. (Department of Public Works and Buildings v.