Case law

People v. Chandler

129 Ill. 2d 233 · Illinois Supreme Court · Jun 19, 1989

Ct. 2052 , in order to establish a valid claim. … The State argues that this is clearly a legislative oversight, since burglary (Ill. Rev.

The People v. O'Connell

386 Ill. 606 · Illinois Supreme Court · Mar 21, 1944

Other provisions were for the establishment of a special fund for the payment of compensation in the event of default or insolvency of the applicant. … Clearly that rule has no application to the securities furnished to guarantee payment of compensation liabilities arising subsequent to the date of the application.

Jones v. Chicago Osteopathic Hospital

Appellate Court of Illinois · Sep 20, 2000

App. 3d 710 , 631 N.E.2d 266 (1994), "This is clearly a very difficult standard to meet, limiting the power of the circuit court to reverse a jury verdict to extreme situations only." … A qualified physician should have recognized the signs of hyperstimulation and the baby's late decelerations from the monitor strips.

Gottemoller v. Gottemoller

37 Ill. App. 3d 689 · Appellate Court of Illinois · Apr 14, 1976

The down payment on the marital residence could qualify as a special contribution under section 17, if the premises were solely in the name of the defendant. … While it may also be inequitable for defendant to receive the chimes, candleholders and freezer, we find nothing in the record which establishes a sufficient basis for us to reverse the trial court as to these matters.

Nelson v. Walmart

District Court, S.D. Illinois · Oct 4, 2023

Plaintiff has sufficiently established her indigence and inability to pay the costs of commencing her lawsuit. Her monthly income is approximately $934 and her monthly expenses are approximately the same amount. … The Court may dismiss the case if it determines the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins

Land v. Board of Education

Appellate Court of Illinois · Aug 27, 2001

Based upon this unequivocal language, we find that the legislature clearly empowered the Board to lay off "employees." … See Webster's Third New International Dictionary 1955 (1981) (defining "right" as "a power, privilege, or immunity vested in one (as by authority or social custom)").

Nesby v. Searby

District Court, S.D. Illinois · Sep 20, 2021

On April 17, 2020, Searby answered Nesby’s amended complaint and asserted affirmative defenses of absolute prosecutorial immunity, qualified immunity, collateral estoppel, jurisdiction, sovereign immunity, local government … On that same date, Ingram also answered Nesby’s amended complaint and asserted the doctrine of qualified immunity (Doc. 47).

In Re Estate of Marks

211 Ill. App. 3d 53 · Appellate Court of Illinois · Apr 5, 1991

Under Jerrold’s guidance during the years 1983 to 1987, M & R expanded the number of screens at established theaters, acquired the Fine Arts and Hyde Park theaters in Chicago and the Evanston Theater, and established the … We set forth several examples which clearly demonstrate that Jerrold and Louis did not realize or understand their duties in the position they occupied.

Doe 8 v. Musselman

District Court, C.D. Illinois · Apr 29, 2025

Per the Plaintiffs, the constitutional right as framed by the Court in its March 5th Order is the exact right clearly established in York “in the distribution prong of the section 1983 case.” Plfs’ Mot. to Recons. … immunity – fail.

Peter J. Hartmann Co. v. Capital Bank & Trust Co.

Appellate Court of Illinois · May 15, 1998

Superfund reimbursement, it never qualified the site for Illinois E.P.A. Superfund reimbursement, it did nothing to trigger Illinois E.P.A. … No cause of action should be dismissed on the pleadings unless it clearly appears that no set of facts can be proved under the pleadings which will entitle the complainant to recover. Bryson , 174 Ill. 2d at 86-87 .

Carolan v. City of Chicago

428 Ill. Dec. 144 · Appellate Court of Illinois · Jun 18, 2018

Finally, the circuit court found that plaintiffs could not establish proximate cause because the legal cause of Norton’s death was the independent criminal act of a third party and legal cause is not established where the … Regardless, the 911 call here clearly requested police intervention in response to a robbery in progress and therefore involves a police protection service for the purposes of section 4-102 of the Tort Immunity Act, which

Gulino v. Zurawski

2015 IL App (1st) 131587 · Appellate Court of Illinois · Dec 28, 2015

Although TTP can result from an auto-immune disease, in more than 50 percent of TTP patients, the cause of the disease is unknown. … qualified to offer such testimony.

Sonntag v. Cook County, a municipal corporation,et al

District Court, N.D. Illinois · Mar 9, 2022

and Governmental Employees Tort Immunity Act (the “Tort Immunity Act”), 745 ILCS 10/1-101, et seq., and because the claims against the unnamed Defendants are barred by the Tort Immunity Act’s one-year statute of limitations … Defendants identify several provisions of the Tort Immunity Act that may supply them with immunity, including the failure to diagnose. See 745 ILCS 10/6-106.

Hernandez v. Partners Warehouse Supplier Services, LLC

890 F. Supp. 2d 951 · District Court, N.D. Illinois · Aug 17, 2012

The Complaint clearly states that Marin and Hernandez went to the Elwood Police Department to report Brian Swaw’s “sexual assaults and batteries.” Am. Compl. 20. … But Brian Swaw’s repeated comments, sexual propositions and unwelcome touching of Hernandez and Marin, although it may also qualify as sexual harassment, is not pre-empted.

Citibank (S. Dakota), N.A. v. Harris (In Re Harris)

203 B.R. 117 · United States Bankruptcy Court, N.D. Illinois · Dec 11, 1996

In this case, the Debtor clearly made statements in writing respecting his financial condition that were materially false. … It was never established whether the Debtor and his spouse separated before or after the Debtor received the loan.

United States v. Franklin

837 F. Supp. 916 · District Court, N.D. Illinois · Nov 4, 1993

The government, on the other hand, believes that Franklin qualifies for the two-level enhancement on either ground. … Although the defendant’s plan to defraud his client’s creditors was not elaborate, it clearly was enhanced by his special knowledge of the legal process generally, and as a regular before the bankruptcy court, of bankruptcy

R. Stewart Oil Co. v. State, Department of Revenue

124 Ill. 2d 116 · Illinois Supreme Court · Sep 22, 1988

Public Acts 84-223 and 84-220, effective September 1, 1985, amend both acts to establish a different tax rate structure for sales of gasohol containing ethanol which is distilled in Illinois or in a State which offers Illinois … The statutes legislate expressly in terms of State boundaries, drawing a distinction between gasohol qualifying and not qualifying for the tax benefit on the basis of the origin of the distilled ethanol used to produce gasohol

A.J. Maggio Co. v. Willis

197 Ill. 2d 397 · Illinois Supreme Court · Sep 27, 2001

With the addition of paragraph (e) in 1967, however, we established the rule against successive petitions for rehearing in the appellate court. … The meaning of “no other petitions” does not need to be qualified or explained by yet another phrase such as that supplied by Maggio.

Ravenswood Hospital Medical Center v. Schweiker

622 F. Supp. 338 · District Court, N.D. Illinois · May 8, 1985

of Health and Human Services, 698 F.2d 1337, 1347 (7th Cir.1983), in which the court held: The Secretary’s regulation banning the reimbursement of the cost of a telephone used for a Medicare patient’s personal comfort is clearly … The Medicare Act, on the other hand, was adopted only to provide medical care for the disabled and the aged who qualify as Medicare beneficiaries.

The Instrumentalist Co. v. Band, Inc.

134 Ill. App. 3d 884 · Appellate Court of Illinois · Jun 28, 1985

Here, the evidence establishes that although The Instrumentalist is published in Illinois, its subscribers and advertisers are located throughout the United States, and indeed, in several foreign countries. … As it is, the covenant clearly prohibits the type of employment in which Neidig was engaged with Band.