Case law

Ko v. City of Chicago

2025 IL App (1st) 221788-U · Appellate Court of Illinois · May 13, 2025

Milwaukee Avenue in Chicago that was “clearly marked for bicycle traffic” (a bike lane) which the city “intended to be used by bicycle traffic.” … ¶ 22 Our supreme court has held that the Tort Immunity Act defines the city’s duty. Alave v.

The County of Du Page v. Illinois Labor Relations Board

Appellate Court of Illinois · Aug 24, 2007

No appeal was taken of the Board's determination of which deputies qualify as "peace officers" under the Act. … We first consider the well-established principles guiding our review of the issues raised on appeal.

People v. Barnett

2011 IL App (3d) 90721 · Appellate Court of Illinois · Jun 27, 2011

The prosecutor indicated that she objected to any instruction on a lesser included offense and stated the only offense that would qualify as a lesser included offense would be aggravated robbery (720 ILCS 5/ … However, it is well established that “[t]he waiver rule is one of administrative convenience rather than jurisdiction.” People v. Smith, 106 Ill. 2d 327, 333 (1985).

Van Hattem v. K Mart Corp.

308 Ill. App. 3d 121 · Appellate Court of Illinois · Sep 30, 1999

that a proper chain of custody could not be established. … K mart also asserts that “every person” in contact with those pills must testify and, since Ernest was clearly unable to testify as to the condition of the pills, they were inadmissible.

People v. Patterson

392 Ill. App. 3d 461 · Appellate Court of Illinois · Jun 16, 2009

The intrastate detainers statute does not conflict with but somewhat qualifies the speedy-trial statute. Penrod, 316 Ill. App. 3d at 718 . … “This burden includes a demonstration that he caused no delay, which fact must be affirmatively established by the record.” Boyce, 51 Ill. App. 3d at 554 .

People v. Palmer

114 Ill. App. 3d 454 · Appellate Court of Illinois · Apr 28, 1983

The legislature has clearly decided that a blood alcohol test performed by an individual without a permit and not according to certain standards is unacceptable as evidence in a prosecution for driving while under the influence … Although that evidence tends to establish that defendant had been drinking, and that by her own estimation she was intoxicated, a substantial part of the State’s proof on this issue came through the testimony of Dr.

Cosovic v. Village of Skokie

2022 IL App (1st) 210696-U · Appellate Court of Illinois · Aug 1, 2022

Skokie further argues that, since Cosovic failed to establish actual or constructive notice, it had absolute immunity pursuant to the Tort Immunity Act, 745 ILSC 10/2-201 over the discretionary decisions regarding how … It grants only immunities and defenses.”); Sparks v.

DeWolfe

District Court, N.D. Illinois · Jan 16, 2026

All payments shall be sent to the Clerk of Court, United States District Court, 219 South Dearborn Street, Chicago, Illinois 60604, attn: Cashier’s Desk, 20th Floor, and should clearly identify Plaintiff’s name and the … Sept. 5, 2023) (collecting cases and granting qualified immunity on Plaintiff’s claim that his kosher diet was unduly repetitive).

City of Chicago v. Wolf

221 Ill. 130 · Illinois Supreme Court · Apr 17, 1906

“A legislative act may be entirely valid as to some classes of cases and clearly void as to others. * * * A law-might be void as violating the obligation of existing contracts but valid as to all contracts which should be … He qualified and entered upon the duties of his office April 16, 1895. His term ended April 19, 1897.

People ex rel. Holvey v. Smith

260 Ill. App. 166 · Appellate Court of Illinois · Jan 26, 1931

Co., 184 Ill. 47, 51 , the Supreme Court say: ‘Acts eof legislation by a municipal corporation which establish a permanent rule of conduct or government, and which are to have a continuing force and effect, must be established … If established by ordinance, the offices and salaries could not be changed by resolution.

McElroy v. Oswego Fire Protection District

2022 IL App (2d) 210555-U · Appellate Court of Illinois · May 31, 2022

¶ 26 The trial court also found that Veseling was entitled to qualified immunity. … Third, plaintiff argues that the trial court erred in determining that Veseling was entitled to qualified immunity.

Storr v. Storr

329 Ill. App. 537 · Appellate Court of Illinois · Nov 4, 1946

It is established by the weight of authority in this State that mere possession is not enough to establish a gift under the law, and any statements appearing in Martin v. … These circumstances clearly indicate that the defendant Hugo and his wife performed difficult and self-sacrificing services for the deceased during the last months of his life.

In re Detention of Hunter

982 N.E.2d 953 · Appellate Court of Illinois · Jan 9, 2013

Then, after approximately 10 minutes, respondent began speaking more clearly. … To overcome this presumption, a party challenging a statute must clearly establish that it violates the constitution. [Citation.]

Orsini v. Echlin, Inc.

637 F. Supp. 38 · District Court, N.D. Illinois · May 8, 1986

unreasonableness of differentiating between employees in terms of what was viewed the aleatory circumstance of a CBA, stating in part (id. at 150-51, 85 Ill.Dec. at 479 , 473 N.E.2d at 1284 ): It would be unreasonable to immunize … Such a rule of law would delegate to unions and unionized employers the power to exempt themselves from whatever state labor standards they disfavored. *42 Clearly, § 301 does not grant the parties to a collective-bargaining

People v. Todd K.

371 Ill. App. 3d 539 · Appellate Court of Illinois · Feb 20, 2007

BACKGROUND On June 9, 2006, Robert Fitzgerald filed a petition for the emergency involuntary admission of respondent along with three certificates of qualified professionals stating respondent is subject to involuntary admission … Horstman’s testimony never clearly and convincingly proved that due to respondent’s mental illness, he was reasonably expected to threaten or imminently harm another. Dr.

Forus Mortgage Corp. v. Dwyer

214 Ill. 2d 253 · Illinois Supreme Court · Feb 17, 2005

might defeat such clearly expressed legislative intent. … The party challenging the constitutionality of the statute bears the burden of rebutting this presumption and clearly establishing a constitutional violation. Burger v.

People v. Lyons

26 Ill. App. 3d 193 · Appellate Court of Illinois · Nov 27, 1974

An included offense means one which is 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 commission of the offense charged … Nor can there be any question that Griffith’s gun swinging attack was actuated by such a wholly wanton and reckless disregard of human life as to clearly imply an intent to take the life of his victim.

Lawrence & Allen, Inc. v. Cambridge Human Resource Group, Inc.

292 Ill. App. 3d 131 · Appellate Court of Illinois · Sep 26, 1997

Thus, the lack of a geographic limitation or of any qualifying language in the covenant not to solicit is unreasonable. … Neither the covenant not to compete nor the covenant not to solicit, however, is qualified in such a manner.

Golder v. Bressler

105 Ill. 419 · Illinois Supreme Court · Jan 31, 1883

The evidence offered to establish the contents of the deed we also regard as equally sufficient. … defendant in error, and plaintiffs in error now claim that no interest or title passed by that deed, and to sustain this position they invoke the familiar doctrine that where several trustees are appointed by name, and all qualify

People v. Vance

254 N.E.3d 862 · Appellate Court of Illinois · Mar 5, 2024

The court clearly considered several options, including electronic monitoring and home confinement, as alternatives to detention and found them wanting. … ¶ 33 The trial court here clearly considered alternatives to detention and discussed them at length at the hearing.