Case law

Stapleton v. Advocate Health Care Network

76 F. Supp. 3d 796 · District Court, N.D. Illinois · Dec 31, 2014

If the statute stopped there, then Advocate would clearly lose: Advocate established its plan, and therefore its plan was not established by a church. … Advocate would have this amendment signify that Congress also now intended for a plan simply maintained by any self-affiliated organization to qualify (without the *805 need for church establishment), Defs.’

P&S Grain, LLC v. County of Williamson, Illinois

Appellate Court of Illinois · Apr 2, 2010

A lack of standing qualifies as such an affirmative matter. Wexler v. Wirtz Corp., 211 Ill. 2d 18, 22, 809 N.E.2d 1240, 1243 (2004). … Under the well-established test for standing, we find that the plaintiffs' claim of injury is distinct and palpable, in that it is based upon the imposition of a particular tax and is not vague or undefined.

People v. Lawson

86 Ill. App. 3d 376 · Appellate Court of Illinois · Jun 26, 1980

He also asserted he remembered clearly the events of the evening, although he was intoxicated. … The record clearly does not justify such an inference being drawn from the evidence.

The Board of Education of Waukegan Community Unit School District No. 60 v. Orbach

991 N.E.2d 851 · Appellate Court of Illinois · Jun 17, 2013

Orbach contends that the “clearly erroneous” standard applies because this appeal involves a mixed question of law and fact, i.e., one where the historical facts are admitted or established, the rule … Clearly, the CBA, in the present context, concerns itself with a teacher’s “overall rating.”

Harton v. City of Chicago Department of Public Works

301 Ill. App. 3d 378 · Appellate Court of Illinois · Nov 12, 1998

He found that Hartón had established a prima facie case of discrimination, in response to which the City had articulated a legitimate, nondiscriminatory reason for its actions, namely, that a more qualified candidate was … purpose of establishing damages.

Tenorio v. Village of Robbins

District Court, N.D. Illinois · Mar 27, 2019

qualified immunity. … Police officers “are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.”

Heidelberg v. Hibser

District Court, C.D. Illinois · Nov 30, 2020

Defendant Officers and Sheriffs argue that, as of 1970, the year of the alleged violation, it had not been clearly established that these “Brady obligations” extended to police officers, and so they are entitled to qualified … Hamm and Riddle’s proffered qualified immunity defense does not pass muster at this stage.

People v. Foster

199 Ill. App. 3d 372 · Appellate Court of Illinois · Jul 5, 1990

Clearly, such a statement is made in furtherance of the conspiracy. … The subject of immunity came up when Keith told her he could get her immunity. She and her husband originally got to the tavern about 7:30 p.m. and stayed about an hour. When they left, it was 8:20 p.m.

Spaulding v. Illinois Community College Board

64 Ill. 2d 449 · Illinois Supreme Court · Sep 20, 1976

It did not confer the right to vote on some otherwise qualified voters and deny it to others. All qualified voters who resided in the territory annexed to an existing district had a right to vote at a referendum. … When considering the validity of legislative classification there exists the presumption that the legislature acted conscientiously, and we will not interfere with the judgment “except where the classification is clearly

Bailey v. Binyon

583 F. Supp. 923 · District Court, N.D. Illinois · Mar 30, 1984

That procedure has been adapted to discharge cases, in which a plaintiff may satisfy his initial burden by establishing: “(1) that the plaintiff was a member of a racial minority; (2) that he was qualified for the job he … If Defendants’ position were correct, the employer would be immune from liability under Title VII.

In Re Armentrout

99 Ill. 2d 242 · Illinois Supreme Court · Dec 16, 1983

Respondent Weir was granted immunity from prosecution and testified before the grand jury. … Respondent Grodner also testified under an immunity grant, but he later waived immunity when faced with possible perjury charges.

Schulenburg v. Signatrol, Inc.

33 Ill. 2d 379 · Illinois Supreme Court · Sep 28, 1965

However, a reading of Sears and Compco clearly indicates that they are inapposite here. There, the defendants had copied the plaintiffs’ unpatentable products by legal means. … This clearly is not necessary to make plaintiffs whole as it is conceded by them that their products may legally be copied by competitors.

Chicago Joint Bd., Amal. Cloth. Wkrs. v. Chicago Tribune Co.

307 F. Supp. 422 · District Court, N.D. Illinois · Dec 19, 1969

Supp. 864, 869 (N.D.Ill.1967), “(i)t is elementary that in order to establish a violation of the Fourteenth Amendment, there must be ‘state action’ which results in deprivation of a right, privilege or immunity protected … It found, as we could find in the instant case, that “as an expression of grievance and protest on one of the major issues of our time, (the advertisement) would seem- clearly to qualify for the constitutional protection.

Chicago Telephone Co. v. Illinois Manufacturers' Ass'n

106 Ill. App. 54 · Appellate Court of Illinois · Feb 9, 1903

Appellant’s counsel say that the words “ now established ” qualify the words “ telephone service,” and appellees’ counsel contend that these words qualify the word “ rates.” … And for appellant it is said that if the words “ now established ” qualify the word “ rates,” they also qualify the words “ telephone service” as well, and that the clause should therefore be read as if it said, “ the rates

Pullen v. Mulligan

138 Ill. 2d 21 · Illinois Supreme Court · Sep 21, 1990

In Boland and Thornton, the evidence established that voters improperly went to the wrong polling place to cast their ballots. … If the voter is challenged and is not personally known to the election judges to be qualified to vote, he may not receive a primary ballot until he completes an affidavit stating that he is qualified to vote.

In Re Comdisco Securities Litigation

141 F. Supp. 2d 951 · District Court, N.D. Illinois · Apr 12, 2001

further that another highly reputable law firm that has appeared of record for another putative plaintiff or plaintiffs, having demonstrated excellent credentials in earlier securities class action litigation and being clearly … original choice of counsel or working together with that original counsel (but with the total lawyers' fees to be circumscribed by the low bidder's proposal), the presumption would clearly remain unrebutted and the presumptive

Redlin v. Village of Hanover Park

278 Ill. App. 3d 183 · Appellate Court of Illinois · Feb 13, 1996

The Village bases its argument on section 3 — 102(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), which provides in part that the Village "has the duty to exercise ordinary care … Following Wagner, Thomas’ claim is not barred by section 3 — 102(a) of the Tort Immunity Act.

People v. Jordan

103 Ill. 2d 192 · Illinois Supreme Court · Sep 20, 1984

He argues that the State failed to establish that its experts were qualified to render such an opinion and that the theory they relied upon had gained general acceptance in the dental community. … The burden of establishing the qualifications of an expert witness is on the proponent of his testimony, and it is within the discretion of the trial court to determine whether the witness has been qualified. ( 72 Ill. 2d

Ienco v. Angarone

291 F. Supp. 2d 755 · District Court, N.D. Illinois · Nov 12, 2003

. § 1983 , lenco must establish that Defendants were acting under the color of state law when they deprived him of a federal right. Ienco, 286 F.3d at 997-98. … Because we find that the officers’ actions did not violate Ienco’s due-process rights under the Newsome test, we need not decide whether they are also entitled to qualified immunity. 6 The Clerk *764 is instructed to enter

McReaken v. Illinois Department of Corrections

District Court, S.D. Illinois · Sep 26, 2024

“To overcome qualified immunity, the facts viewed in the light most favorable to [the plaintiff] must ‘show that the defendant[s] violated a constitutional right’ and that ‘the right was clearly established at [that] time … The threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiff’s allegations, if true, establish a constitutional violation. See Hope v. Pelzer, 536 U.S. 730, 736 (2002).