Case law

Tabirta v. Cummings

450 Ill. Dec. 374 · Illinois Supreme Court · Oct 22, 2020

The defendant must be able to identify specific facts clearly establishing that the plaintiff’s choice of -5-  venue is improper. Id. … Since the facts in each case can vary widely, a court’s ultimate conclusion about whether a given home office qualifies as an “other office” hinges on its review of those specific facts.

Cabrera v. ESI Consultants, Ltd.

41 N.E.3d 957 · Appellate Court of Illinois · Sep 18, 2015

¶ 121 The Tort Immunity Act grants immunity to municipal defendants engaged in certain discretionary acts. 745 ILCS 10/2-201 (West 2012). … An employee may qualify for discretionary immunity “if he holds either a position involving the determination of policy or a position involving the exercise of discretion.”

In re National Collegiate Athletic Ass'n Student-Athlete Concussion Injury Litigation

314 F.R.D. 580 · District Court, N.D. Illinois · Jan 26, 2016

the Qualifying Class Member from qualifying for at least one (1) examination under his or her health insurance plan in the two (2) year period following his or her Medical Evaluation.” … NCAA, No. 1:14-cv-09322, ECF No. 1, And the proposed settlement class, if approved, clearly would encompass the Plaintiffs in those actions. .

People v. Clayton

302 Ill. App. 3d 220 · Appellate Court of Illinois · Dec 28, 1998

Ward testified that defendant responded by stating that he was a clinical psychologist, that he was qualified to do the work he does, and that he knows what he’s doing. … Moreover, the facts in this case show that defendant, without a license, clearly represented himself as a clinical psychologist in a way that Ward could easily understand.

Moon Lake Convalescent Center v. Margolis

180 Ill. App. 3d 245 · Appellate Court of Illinois · Feb 21, 1989

. *** The Administrative Review Act was ‘an innovation and departure from the common law, [and] the procedures it establishes must be pursued.’ ” [Citation.] Fredman, 109 Ill. 2d at 210 , 486 N.E.2d at 895 . … This evidence is likewise sufficient to establish violations of Rules 03.01.01.00 and 06.02.02.05.

People v. Levinson

75 Ill. App. 3d 429 · Appellate Court of Illinois · Aug 13, 1979

These are some of the acts alleged in the amended petition for a rule to show cause and as established by the proof in this cause. … In the instant case the evidence clearly indicates that the defendant did not have a possessory interest in the subpoenaed documents.

Frigo v. Silver Cross Hospital and Medical Center

Appellate Court of Illinois · Sep 20, 2007

Kirchner was qualified for category II privileges through a grandfather clause. Pawlak testified that there was no grandfather clause in the rules. … If the first credentialing is wrong, you do not grandfather someone who did not qualify under the old rules.

In Re Anthony

42 F. Supp. 312 · District Court, E.D. Illinois · Dec 15, 1941

examination of the bankrupt, unless the bankrupt shall waive in writing his right to a discharge, the court shall discharge the bankrupt if no objection has been filed, but if within such time objections be filed by any party qualified … To give such partial relief would in no measure serve to promote the purposes of the Act or the policy therein established.

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.

Hulme v. Madison County

188 F. Supp. 2d 1041 · District Court, S.D. Illinois · Nov 28, 2001

The language in Brown does not establish, as Defendants argue, that an apportionment plan with a maximum population deviation under 10% is immune from Constitutional attack. … Clearly, the Committee had at its disposal advanced technological equipment.

The People v. Kurtz

37 Ill. 2d 103 · Illinois Supreme Court · Mar 29, 1967

In these days of swift, widespread and diverse methods of communication, an important case can be expected to arouse the interest of the public in the vicinity and scarcely any of those best qualified to serve as jurors will … Rose, 19 Ill.2d 292 , we held that in order to establish a felony the statutory value must be proved (over $150 under the present statute, Ill. Rev.

Jackson v. Sheriff of Winnebago County

District Court, N.D. Illinois · Oct 13, 2022

Act (“Tort Immunity Act”). … In Williams, 491 F.3d at 715, the Seventh Circuit explained the type of evidence that would qualify as “verifying medical evidence.”

People v. Costic

2021 IL App (3d) 180618 · Appellate Court of Illinois · May 26, 2021

in our prior decision and see no reason to conclude otherwise in this case: “Based on defendant’s brother invoking his fifth amendment rights and him having been charged with ‘clearly … When asked if the other man was in the courtroom, she said no but then qualified that answer by saying, “I didn’t quite get a good look at him.”

County of Kane v. Carlson

140 Ill. App. 3d 814 · Appellate Court of Illinois · Feb 7, 1986

The county is clearly a “[unit] of local government” (Ill. Const. 1970, art. VII, sec. 1) and so, if the employer of the deputy circuit clerks, would be a “public employer” for purposes of the PLRA. … Board of Governors (1984), 102 Ill. 2d 387, 391-94 (Board of Governors of State Colleges and Universities held to be the State for purposes of sovereign immunity).)

Ko v. The City of Chicago

2024 IL App (1st) 221788-U · Appellate Court of Illinois · Sep 17, 2024

Milwaukee Avenue in Chicago that was “clearly marked for bicycle traffic” (a bike lane) which the city “intended to be used by bicycle traffic.” … ¶ 21 Our supreme court has held that the Tort Immunity Act defines the city’s duty. Alave v.

Korten v. Chicago City Bank & Trust Co.

178 Ill. App. 3d 397 · Appellate Court of Illinois · Dec 28, 1988

'Defendant also contends that the settlor’s intent in establishing the trust in this case will not be given due effect if it is terminated before Evelyn and Elaine are deceased. … Thus, the settlor intended the trust to be terminated after all his grandchildren no longer qualified as takers under the trust and not necessarily after the death of all of his children.

Yousif v. State of Illinois

District Court, N.D. Illinois · May 18, 2022

Defendants claim that Count V is barred by sovereign 7 immunity and the State Lawsuit Immunity Act, and that Count VI is barred by sovereign immunity. … There are, however, two exceptions to sovereign immunity: “(1) when a state unequivocally waives sovereign immunity and consents to suit, and (2) when Congress unequivocally abrogates the state’s immunity by invoking its

Savory v. Cannon

District Court, N.D. Illinois · Mar 14, 2022

Qualified immunity is “an immunity from suit rather than a mere defense to liability,” and is “effectively lost if a case is erroneously permitted to go to trial.” Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). … Given its nature, qualified immunity is raised before trial, often at summary judgment. See Scott v.

Illinois Consolidated Telephone Co. v. Illinois Commerce Commission

99 Ill. App. 3d 462 · Appellate Court of Illinois · Aug 20, 1981

This regulation clearly indicates the FCC’s willingness to work within State regulation of radio paging services. It recognizes that the State also has the right to regulate these paging companies. … Illinois Consolidated must be allowed an opportunity to establish that it could take care of this potential customer interest.

People v. Jackson

2016 IL App (1st) 143025 · Appellate Court of Illinois · Jan 6, 2017

Smith, 2014 IL 115946, ¶ 29 (“The legislature clearly intended for further proceedings on successive postconviction petitions.”). ¶ 25 II. … Smith, 2014 IL 115946, ¶ 29 (“The legislature clearly intended for further proceedings on successive petitions.”). ¶ 44 Both Edwards and Smith discussed the amount of documentation that the defendant