Case law

American Cancer Society v. Goodkind

356 Ill. App. 3d 607 · Appellate Court of Illinois · Mar 14, 2005

Goodkind, the testator, did not, as it has been represented to the Court in the hearing, have anything that would qualify, really as substantial personal effects, household goods, automobiles, and other goods and chattels … As we have pointed out earlier, latent ambiguity is not established unless it is possible to interpret the language actually deployed in the will to be in alignment with the intent established by extrinsic evidence.

Davis v. Village Of Hazel Crest

District Court, N.D. Illinois · Feb 13, 2018

In response to their qualified immunity argument, Plaintiff clarifies that his federal claims are against the Individual Defendants in their official capacities only and asserts that “[i]t is well established in Illinois … that [the] qualified immunity doctrine does not apply to official capacity claims

People v. Craig

2026 IL App (5th) 250867 · Appellate Court of Illinois · Jan 30, 2026

Woods, 2024 IL App (4th) 240190, ¶ 20 (“The societal harm from drug crimes is well-established in Illinois law, meaning the baseline question of whether the sale of drugs is a threat to the community has been answered. … The trial court’s reasoning is clearly at odds with the Code’s presumption of eligibility for all defendants, and the plain language of the Code indicates more is required. 725 ILCS 5/110-6.1(e) (West 2024); People v.

Ollivier v. Alden

262 Ill. App. 3d 190 · Appellate Court of Illinois · May 17, 1994

Clearly, the defendants breached paragraph J to some extent. Therefore, the plaintiffs were entitled to demonstrate what damages they suffered as a result of that breach. … Just as the plaintiffs have not established that they reasonably believed they were buying a new home, they have not established that the defendants purposely defrauded them.

Long v. Long

118 Ill. 638 · Illinois Supreme Court · Nov 13, 1886

Long, a son of deceased, was appointed administrator of the estate, and qualified as such. … It tends, rather, to establish a mere advancement of what was deemed by the parties appellee’s share of his grandfather’s estate.

Brown v. Sanchez

District Court, N.D. Illinois · Jan 30, 2018

Lastly, Defendants argue that they are entitled to qualified immunity. … “Qualified immunity shields government officials from liability under Section 1983 ‘for actions taken while performing discretionary functions, unless their conduct violates clearly established statutory or constitutional

People v. Johnson

173 Ill. App. 3d 998 · Appellate Court of Illinois · Aug 11, 1988

Accordingly, the trial court allowed the jury to be death penalty qualified. … It is well established that a jury questioned regarding the imposition of the death penalty is presumed to be a fair jury on the issue of guilt or innocence. People v.

Fleishour v. United States

244 F. Supp. 762 · District Court, N.D. Illinois · Aug 26, 1965

So far as it appears from the face of the Act, Congress has clearly consented to suits such as those involved in the case at bar. … In the face of such testimony, the court cannot conclude that plaintiff has established by a preponderance of the evidence that these officials were negligent and judgment must therefore be entered for the defendant.

Freifeld

District Court, N.D. Illinois · Sep 4, 2026

This exception, concerning “food which is served in restaurants or other establishments in which food is served for immediate human consumption,” does not apply here. 21 U.S.C. … If the report clearly stated that immunity boosting is impossible, then it would likely support a plausible allegation of falsity despite the report’s age and lack of specific citations.

Agri-Sales, Inc. v. UNITED POTATO CO., INC.

436 F. Supp. 2d 967 · District Court, N.D. Illinois · Jul 5, 2006

Under the bill the Secretary is required to establish, through rulemaking, the time by which, the parties to a transaction must agree payment on a transaction must be made, to qualify it for coverage under the trust. … Moreover, as to the insurance policy, it clearly does not satisfy the writing requirement of the “generally applicable Statute of Frauds” (Patterson, 307 F.3d at 671).

People Ex Rel. Phelps v. Kerstein

413 Ill. 333 · Illinois Supreme Court · Nov 20, 1952

Requirements for the renewal of limited certificates are clearly set forth in the statute. … In this connection appellant points out that though he qualified for office on July 31, 1951, complaint in quo warranto was not filed by the State’s Attorney until December 26, 1951.

Chicago Mutual Life Indemnity Ass'n v. Hunt

2 L.R.A. 549 · Illinois Supreme Court · Jan 25, 1889

In this counsel are clearly mistaken. … We have thus to determine from the pleadings and evidence whether any and which of the charges made are established, and whether the charges so established are legally sufficient to warrant the present proceedings and decree

Wisnasky-Bettorf v. Pierce

358 Ill. Dec. 624 · Illinois Supreme Court · Mar 22, 2012

Moreover, paragraph 4 of the statute, which sets forth the information that must be included in the resolution, states: "The resolution to fill a vacancy in nomination shall be duly acknowledged before an officer qualified … To hold otherwise would be clearly against the legislative intent in making this amendment and against this state's position in favor of ballot access for candidates running for public office. See Hossfeld v.

Hoskins v. Swisher

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

’s conduct unless: (1) they violated a federal statutory or constitutional right; and (2) the unlawfulness of this conduct “was clearly established at the time.” … Therefore, the defendants are not entitled to qualified immunity with respect to the claims asserted in Counts 1 and 2.

Platinum Partners Value Arbitrage Fund, Ltd. Partnership v. Chicago Board Options Exchange

105 N.E.3d 160 · Appellate Court of Illinois · Mar 29, 2018

With respect to Tait, Knabjian explained that he received a warning because “he didn’t provide the qualifying information that says each one is handled on a case-by-case basis so, essentially, [he] … The defendant may meet its burden of proof either by affirmatively showing that some element of the case must be resolved in its favor or by establishing the absence of evidence to support the nonmovant

People ex rel. Espey v. Deneen

247 Ill. 289 · Illinois Supreme Court · Dec 21, 1910

, and the right to cumulate his votes by distributing them among the three candidates as he sees fit, is secured to the voter; and secondly, that the right of minority representation involved in that method of voting is established … It was clearly announced in that case that the political parties of this State have the right, through their senatorial committees, to determine how many candidates they will put in the field for representatives in the General

Rein v. David A. Noyes & Co.

172 Ill. 2d 325 · Illinois Supreme Court · Mar 21, 1996

of the court in the first action; (4) the judgment in the first action was plainly inconsistent with the equitable implementation of a statutory scheme; (5) the case involves a continuing or recurrent wrong; or (6) it is clearly … Section 2 — 619(c) provides: "If, upon the hearing of the motion, the opposite party presents affidavits or other proof denying the facts alleged or establishing facts obviating the grounds of defect, the court may hear and

Sullivan v. Sullivan

57 Ill. App. 3d 958 · Appellate Court of Illinois · Mar 9, 1978

Adopting defendant’s position would mean disregarding the clear import of the qualifying phrase, “It be understood that in the event of such a re-investment in residential real property.” … Without such authority or defendant’s agreement, plaintiff was not entitled to reduce unilaterally his alimony and support payments below that mandated by the decree, which he clearly did by his payment of only *350 in each

RTC Commercial Assets Trust 1995-NP3-1 v. Phoenix Bond & Indemnity Co.

963 F. Supp. 706 · District Court, N.D. Illinois · May 6, 1997

On appeal, the First Circuit, after analyzing several cases addressing the issue of whether FDIC is a federal instrumentality qualifying for the exemption from the TM, held that the FDIC did not qualify. … This clearly implicates the levy and collection of the tax, thereby implicating the TIA and divesting this court of jurisdiction.

Auten v. Franklin

404 Ill. App. 3d 1130 · Appellate Court of Illinois · Oct 6, 2010

The existence of a single, individual [ sic ] injury establishes that multiple defendants are jointly and severally liable." (Emphasis added.) … The instructions clearly established that the rights of defendants, Franklin and Nord, are separate and distinct from one another: "The rights of the defendants, Christine Franklin[] and Larry Nord, M.D., are separate and