Case law

Water Pipe Extension v. City of Chicago

195 Ill. App. 3d 50 · Appellate Court of Illinois · Mar 30, 1990

Our review of the record does not convince us that a conclusion opposite to that reached by the Board is clearly evident. … For that reason, the Board’s holding that the unions failed to establish an unfair labor practice on the part of the City is affirmed.

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.

Benthall v. McCabe

95 Ill. App. 3d 1081 · Appellate Court of Illinois · Mar 31, 1981

Clearly, the heirs have compromised and settled their property rights in a fair and just manner.” … Stat. 1979, ch. 148, par. 103) provides: “(1) A person establishing a trust may specify in the instrument the rights, powers, duties, limitations and immunities applicable to the trustee, beneficiary and others and those

Knott v. Frerichs

District Court, C.D. Illinois · Mar 31, 2025

Vill. of Tinley Park, 2024 IL App (1st) 230139, 68, the Illinois Appellate Court noted that although individuals making reports to the ARDC enjoy absolute immunity from state law tort liability, the same immunity … Likewise, in the instant case, although the Private Detective Act immunizes board members from conduct under state law, it cannot immunize them from allegations of federal civil rights violations.

Druck v. ILLINOIS STATE BD. OF ELECTIONS

899 N.E.2d 437 · Appellate Court of Illinois · Nov 26, 2008

Illinois courts are guided by established rules of statutory construction. … After reviewing all the words and phrases in section 10-8 of the Election Code, we discovered that section 10-8 clearly codifies two conditions precedent that must be complied with in order for nomination papers to be valid

People v. Smith

78 Ill. 2d 298 · Illinois Supreme Court · Jan 23, 1980

The foundation in this case was too general and inadequate to qualify under the Henry exception. … An included offense is defined by statute as an offense which “(a) [i] s established by proof of the same or less than all of the facts or a less culpable mental state (or both), than that which is required to establish the

In re Kelan W.

455 Ill. Dec. 544 · Appellate Court of Illinois · Dec 1, 2021

Thus, the State was not required to provide evidence of the location of the offense in order to establish jurisdiction. Id. … The language provided by the respondent to refer to the State of Illinois with “State” clearly includes “this” before it to denote the legislature is discussing the State of Illinois.

People v. Yelliott

157 Ill. App. 3d 396 · Appellate Court of Illinois · Jun 29, 1987

In a case such as this one, such a result is clearly against the best interests of the minor. … The criminal record set forth in the presentence report clearly establishes an affinity toward violations of the law, many of which resulted in incarceration. Some of the minor offenses related to alcohol.

Mead Corp. v. Department of Revenue

Appellate Court of Illinois · Jan 12, 2007

App. 3d at 480), nor has it established as clearly erroneous the conclusion that the gain was nonbusiness income (see Texaco-Cities, 182 Ill. 2d at 268). … For the reasons stated above, Mead has not established as clearly erroneous the court's conclusion that the gain from the sale of Lexis/Nexis was apportionable business income.

Mathias v. Winnebago Community Unit School District 323

2021 IL App (2d) 200039-U · Appellate Court of Illinois · Jan 25, 2021

This court has interpreted section 24-24 to immunize ordinary negligence, but not to immunize willful and wanton misconduct.” Henrich v. … under section 2-201 of the Tort Immunity Act, but found they were immune under section 3-108 of that statute

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.

Ames v. Ames

148 Ill. 321 · Illinois Supreme Court · Jan 16, 1894

The power and duty of the courts in this regard are clearly shown by Judge Story, 2 vol. Eq. Jur. ch. 35. … Ames was appointed, by the probate court of Cook county, guardian of the minors, and qualified as such.

Prak v. Skaf

District Court, S.D. Illinois · Jul 2, 2024

“Consequently, plaintiffs may not proceed unless they can establish that the United States has waived its sovereign immunity with respect to their claim.” Iowa Tribe Of Kan. & Neb. v. … Clearly, plaintiffs have failed to comply with the requirements under the QTA. As such, they have failed to state a claim upon which relief can be granted.

Chevron Corp. v. Donziger

325 F. Supp. 3d 371 · District Court, S.D. Illinois · Jun 27, 2018

Good Cause Shown The Court may issue a protective order only if "good cause" is shown by the moving party. 56 " 'Good cause' is established when it is specifically demonstrated that disclosure will cause a clearly defined … Donziger Has Not Demonstrated a Clearly Defined Threat of Serious Injury Absent a Protective Order The burden was on Donziger to demonstrate-with competent evidence-a substantial risk of a clearly defined and serious injury

Mason Ex Rel. Mason v. Bradley

789 F. Supp. 273 · District Court, N.D. Illinois · Apr 20, 1992

Mason’s standing on Count II — her § 1983 claim for violation of her rights under Title IV-D — turns on whether Title IV-D created an enforceable right, privilege or immunity for Mason. See Suter v. … Full compliance with the regulations in every case is clearly not required.

People v. Nau

209 Ill. App. 3d 805 · Appellate Court of Illinois · Feb 22, 1991

Respondent argues that the certificate which accompanied the petition does not establish that the preparer was a physician, qualified examiner, or clinical psychologist. … Clearly, this doctrine is not applicable in the case before us. In the discharge hearing, respondent was acquitted of murder and should not have been termed a “murderer.”

Snelson v. Kamm

319 Ill. App. 3d 116 · Appellate Court of Illinois · Feb 28, 2001

Even assuming McCallum qualified as a medical expert, her vague assertions that failure to follow steps in the nursing process “increases the likelihood” of an unfavorable outcome was insufficient to establish proximate causation … By indiscriminately modifying that instruction, the Smith court acted as a de facto IPI committee, which it clearly should not have done.

La Salle National Bank v. City of Chicago

6 Ill. 2d 22 · Illinois Supreme Court · May 20, 1955

Though it did not have the burden of proof, the city introduced the testimony of three qualified witnesses who testified that the highest and best use of the land was for apartments. … It is our opinion that the case as made by appellee falls short of establishing these conclusions.

Nowak v. St. Rita High School

Illinois Supreme Court · Sep 20, 2001

Thus, the pleadings before the trial court established a genuine issue of material fact which precluded dismissal of count IV. … Application of the doctrine of collateral estoppel must be narrowly tailored to fit the precise facts and issues that were clearly determined in the prior judgment. Kessinger v.

The PEOPLE v. Flowers

14 Ill. 2d 406 · Illinois Supreme Court · Sep 18, 1958

He insists that the court erred in giving one instruction to the effect that recent possession of stolen property tends to establish the guilt of the person in whose possession it is found. … However, the common-law record clearly states that defendant and his counsel were present at all stages of the trial including that when the verdict was returned in open court.