Case law

People ex rel. Illinois Society of Orthodontists v. United States Dental Institute, Inc.

57 Ill. App. 3d 1029 · Appellate Court of Illinois · Feb 16, 1978

The Institute cannot qualify under the latter statute since its stockholders are not all dentists; indeed, not even its officers are dentists. … The plaintiff has argued that the evidence clearly showed a dangerous practice, i.e., the diagnosis of malposition without examining the patient.

People Ex Rel. Russell v. Farmers State & Savings Bank of Grant Park

338 Ill. 134 · Illinois Supreme Court · Feb 21, 1930

The court said, in substance, that the facts did not establish the identity of the fund, as it never appeared on the books of the bank as a part of the school fund or school money; that the deposit was mixed with other money … That case involved a special deposit and is clearly distinguishable from the one we are here considering. In the case of Otis v.

Johnson v. Zaremba

381 F. Supp. 165 · District Court, N.D. Illinois · Aug 23, 1973

The affidavit submitted by the defendants clearly brings their apartment building within this exemption of Title VIII. … Moreover, lower federal courts have consistently interpreted Jones to have established that the ban against racial discrimination which exists under Section 1982 was not modified by the passage of Title VIII.

In re Schmidt

Appellate Court of Illinois · Sep 1, 1998

The court's order also established a visitation schedule for Tom, Mandy (Cindy's daughter, Amanda), and Cindy's other relatives. William timely appeals. … The law clearly permits such a decision by either the guardian or the surrogate, but only if certain criteria are met.

Ladd

District Court, S.D. Illinois · Feb 3, 2026

The Court may dismiss a case or deny a party’s IFP application if the action is clearly frivolous or malicious, fails to state a claim, or seeks monetary damages from a defendant who is immune. 28 U.S.C. § 1915(e)(2) … Prosecutors Featherstun and Kozuszek have absolute immunity for acts they took during criminal proceedings. Such immunity applies to actions within the scope of prosecutorial duties, Bianchi v.

In Re Marriage of Anderson

409 Ill. App. 3d 191 · Appellate Court of Illinois · Mar 31, 2011

In addition, the judgment awarded an equal division of petitioner’s retirement account from McGraw-Hill Publishers pursuant to a qualified domestic relations order. … As discussed previously, his intent with regard to the sale of his property is relatively immaterial, since it is not immune from the court’s consideration in determining the potential sources of funding by either party.

Polich v. Chicago School Finance Authority

79 Ill. 2d 188 · Illinois Supreme Court · Mar 11, 1980

It was further clearly a concern of the committee that through court construction ‘narrow’ and ‘unintended’ limits might be placed upon the General Assembly’s power.” … The enrolled bill rule is clearly applicable here, and we hold the legislation was properly enacted.

People v. Bernasco

138 Ill. 2d 349 · Illinois Supreme Court · Oct 18, 1990

(The terms “a lawyer appointed for me,” “waiver,” “immunity,” and “intimidated” are contained in the waiver form signed by defendant.) … All three cases clearly require that a Miranda waiver be both constitutionally voluntary and a decision taken knowingly and intelligently.

People v. Webb

125 Ill. App. 3d 924 · Appellate Court of Illinois · Mar 30, 1984

Finally, the statement clearly relates to the circumstances of the startling occurrence. … Ann. 1397, 1426 , 26 So. 390, 401 , in which a dying declaration made 24 hours previously was held to be an insufficient foundation for establishing the declarant’s belief of his imminent death so as to qualify an identification

Canteen Corp. v. Department of Revenue

123 Ill. 2d 95 · Illinois Supreme Court · May 26, 1988

The test established by the plain and common meaning of the phrase “prepared for immediate consumption” was not meant to establish arbitrary loopholes. … A court of review is entitled to have the issues clearly defined and to be cited pertinent authority.

Gaul v. Truth Now LLC

District Court, C.D. Illinois · Aug 24, 2022

The Court does not find that Plaintiff’s pleading unambiguously establishes Defendant’s claim to CDA immunity. Accordingly, Defendant’s motion to dismiss premised on the CDA is DENIED. … This clearly distinguishes this case from those Defendant cites.

Wilson v. Turner

164 Ill. 398 · Illinois Supreme Court · Nov 10, 1896

‘I find it laid down as a rule long ago established,’ said Lord Alvanley in Bradley v. … Thus, if a testator, after giving an estate in fee, proceeds to qualify the devise by a proviso or condition which is of such a nature as to be incompatible with the absolute dominion or ownership, the condition is nugatory

Chicago Housing Authority v. Blackman

4 Ill. 2d 319 · Illinois Supreme Court · Nov 18, 1954

Clearly they are affected by the constitutionality of the requirements, and are entitled to a determination of the constitutional issues raised. See United Public Workers v. Mitchell, 330 U.S. 75, 91-92 . … It is a well-established rule that statutes will be construed, if possible, so as to avoid invalidity.

United States Ex Rel. Reck v. Ragen

172 F. Supp. 734 · District Court, N.D. Illinois · Apr 28, 1959

This decision clearly indicated that “trustworthiness” is no longer the issue but rather the emphasis is shifted to police *741 tactics. More recently, in Payne v. … It is clearly seen that this test is also based upon the classical doctrine of un-trustworthiness.

Evans v. Funk

151 Ill. 650 · Illinois Supreme Court · Jun 19, 1894

Armstrong was nominated by the will as executor, and qualified as such. … We think this prohibition against appellant’s right to act as an attorney in the will contest is clearly within the spirit, if not the letter of the statute.

White

District Court, C.D. Illinois · May 11, 2026

However, because Plaintiff is not required to plead around an affirmative defense such as qualified immunity, the Court will permit Plaintiff’s First Amendment retaliation claim to proceed against Defendant Brown. … Despite Plaintiff including Defendants Alford, Hughes, Does I, II, and III, and Wexford, Plaintiff does not include facts that establish or permit the inference that they violated his constitutional rights.

People v. Frye

113 Ill. App. 3d 853 · Appellate Court of Illinois · Apr 5, 1983

is established by other credible and substantial evidence, either direct or circumstantial.” … The farmer’s statement clearly was anterior to the arrest; the record is unclear as to when Mrs. Near’s statement was made.

Ellig v. Delnor Community Hospital

237 Ill. App. 3d 396 · Appellate Court of Illinois · Nov 10, 1992

Testimony on plaintiffs’ behalf never established that the baby was alive upon discovery of her existence. … Prejudice also resulted from the failure to provide the jury -with instructions that clearly identified the theories of plaintiffs’ requested relief.

County of Champaign v. Hanks

41 Ill. App. 3d 679 · Appellate Court of Illinois · Aug 26, 1976

The county does not officiously confer the benefits of free legal representation, but furnishes legal services to those criminal defendants who qualify by virtue of their indigency. … The prior determination consisted merely of a finding of indigency based on the sufficiency of defendant’s affidavit of assets and liabilities to establish indigency.

In re Eckberg

Illinois Supreme Court · Jul 6, 2000

any established treatment plan; 4. … ANALYSIS The principles governing our review of the reports and recommendations of both the Hearing Board and the Review Board are clearly established.