Case law

McHenry County Sheriff v. McHenry County Department of Health

2020 IL App (2d) 200339 · Appellate Court of Illinois · Feb 11, 2021

In March 2020, the World Health Organization announced that the spread of COVID-19 qualified as a global pandemic. … Finally, because plaintiffs could not establish the necessary elements, they were in no way entitled to the entry of the temporary restraining order.

Ertell v. Department of the Army

626 F. Supp. 903 · District Court, C.D. Illinois · Jan 7, 1986

Ertell is qualified. He has been offered none of them and he blames three documents in his file for this failure to be re-employed. … It was clearly held by the court in Blevins v.

Spicer v. Moss

409 Ill. 343 · Illinois Supreme Court · May 24, 1951

The rule is well established. … Clearly, the grantor had no such intention.

Thakore v. Universal MacHine Co. of Pottstown, Inc.

670 F. Supp. 2d 705 · District Court, N.D. Illinois · Sep 25, 2009

Motion 4 — To bar any unpaid medical bills until it has been affirmatively established through competent medical testimony that the bills are fair and reasonable. … The court of appeals reversed since there were three levels of hearsay, but only two qualified as exceptions.

Ciacco v. City of Elgin

85 Ill. App. 3d 507 · Appellate Court of Illinois · Jun 25, 1980

While the testimony of Kyser, the plaintiffs’ expert, did clearly express the opinion that certain properties would not be benefited by the special service area, he was testifying as an expert on behalf of the plaintiffs, … and the trial court was not obligated to accept his opinion as establishing a fact.

Mason District Hospital v. Tuttle

61 Ill. App. 3d 1034 · Appellate Court of Illinois · May 12, 1978

The facts of the instant case clearly are unlike those in Hopedale. … Such is clearly not the case here.

In Re Lawrence M.

172 Ill. 2d 523 · Illinois Supreme Court · Aug 2, 1996

We first address the question of sovereign immunity in order to determine whether the juvenile court had subject matter jurisdiction. … In doing so, the Alcoholism and Other Drug Abuse and Dependency Act clearly indicates the responsibility of the Department of Alcoholism and Substance Abuse to establish and fund treatment programs.

USX Corp. v. Liberty Mutual Insurance

206 Ill. Dec. 391 · Appellate Court of Illinois · Dec 16, 1994

Any person in whose name more than 25 motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the Director of the Department of Insurance as provided in this Section … Village of Hillside (1986), 114 Ill. 2d 246 , 499 N.E.2d 1307 (membership in intergovernmental risk management pool does not activate waiver of municipal tort immunity). We note that in Southern Home Insurance Co. v.

Fisher v. Office of the Illinois Attorney General

457 Ill. Dec. 583 · Appellate Court of Illinois · Mar 12, 2021

Like its federal counterpart, FOIA requires full disclosure unless the desired information is exempted under clearly delineated statutory language. Lieber v. Southern Illinois University, 279 Ill. … For communications with outside consultants to qualify as “intra-agency,” the consultant may not represent independent interests of its own apart from those of the agency. Harwood, 344 Ill.

Lincoln National Bank v. Lampe

414 F. Supp. 1270 · District Court, N.D. Illinois · Mar 11, 1976

Nonetheless, McClure cannot be read to deny the possibility that a pledge may qualify as a “sale”. … Lincoln Bank clearly was not an “active” participant in any of the transactions noted in Count II. 16 .

Gersch v. Dept. of Professional Regulation

Appellate Court of Illinois · Nov 5, 1999

The party challenging the validity of a statute bears the burden of clearly establishing any constitutional invalidity. … The action taken by the Department merely restored him to the license for which he was qualified, that of the lower tier.

Illinois Central Railroad v. Haskins

115 Ill. 300 · Illinois Supreme Court · Sep 23, 1885

There was certainly a controversy upon each side as to what facts the evidence established. … of comparative negligence is as clearly within its province.

Cathedral Rock of Granite City, Inc. v. Health Facilities Planning Board

Appellate Court of Illinois · Dec 9, 1999

It is not clearly evident that the Board should have denied the CON. … Code §1110.230(c) (1996)); (2) Rosewood was a qualified health care service provider for the community (77 Ill. Adm.

INTERN. SURPLUS LINES INS. CO. v. Pioneer Life Ins. Co.

209 Ill. App. 3d 144 · Appellate Court of Illinois · Nov 29, 1990

The law presumes that the insured intended to obtain coverage and that the insurer would have stated all exclusions clearly and specifically. ( Strzelczyk v. … Pioneer disputes the trial court's finding that it did not present sufficient evidence to satisfy the standards in Illinois regarding what must be shown to establish that both the services performed and the charges for those

American Hospital Ass'n v. Schweiker

529 F. Supp. 1283 · District Court, N.D. Illinois · Jan 8, 1982

Section 124.603(a) also allows denial of non-emergency services to those unable to pay for them unless such person qualifies for charity care. … Immunity from federal regulation is not gained through forehanded contracts.” 358 U.S. at 91 , 79 S.Ct. at 146 . Similarly, in Usery v.

People v. Rush Opinion text corrected Opinion text corrected (2nd time)

Appellate Court of Illinois · May 11, 2001

we do not believe that the Reddick rule established such a component of basic due process so as to fall within it." … But clearly Reddick and Apprendi deal with similar concerns and concerns that, in our view, are of commensurate gravity." Kizer , 318 Ill. App. 3d at 252 .

Mowen v. Glossip

District Court, C.D. Illinois · Apr 6, 2022

In addition, “suit against an individual in his or her official capacity is a suit against the municipality, and a municipality does not enjoy qualified immunity from a damage claim under 42 U.S.C. § 1983.” … In other words, Plaintiffs’ claims involving a denial of medical care are not clearly related to claims involving a denial of religious services.

Sanchez v. Rock Island County Health Department

District Court, C.D. Illinois · May 12, 2025

As the burden is on RICHD to establish that the expert is qualified, it informs the Court that Dr. … RICHD has met its burden in establishing how the expert opinion will aid the finder of fact. In sum, RICHD has met its burden to establish that the majority of Dr.

London v. Guzman

26 F. Supp. 3d 746 · District Court, N.D. Illinois · Feb 11, 2014

“The exclusive dominion and control necessary to establish a defendant’s constructive possession of a controlled substance is not negated by another person’s access to the substance.” People v. … Pappas, 592 F.3d 799, 802 (7th Cir.2010) (internal quotation marks and citations omitted), and "goes far to establish qualified immunity,” Kijonka v. Seitzinger, 363 F.3d 645, 648 (7th Cir.2004).

Prak v. Skaf

District Court, S.D. Illinois · Jun 20, 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.