Case law

In Re Nitz

250 Ill. Dec. 632 · Appellate Court of Illinois · Oct 26, 2000

Both the settlement agreement and the uniform qualified assignment utilize the qualified assignment language of section 130(c)(2)(B) of the Internal Revenue Code. 26 U.S.C. § 130 (c)(2)(B) (1994). … Clearly, the provisions were bargained for and cannot be simply discarded or waived.” Henderson, 308 Ill. App. 3d at 551-52 . But see Powless, 315 Ill.

Opp v. OFFICE OF STATE'S ATTORNEY OF COOK COUNTY

660 F. Supp. 2d 932 · District Court, N.D. Illinois · Oct 8, 2009

I agreed, concluding that the “political patronage” analysis established in Elrod v. Burns, 427 U.S. 347 , 96 S.Ct. 2673 , 49 L.Ed.2d 547 (1976) and Branti v. … As established hereinabove, Plaintiff Opp is NOT an exempt state employee under the ADEA.

CitiMortgage, Inc. v. Johnson

993 N.E.2d 563 · Appellate Court of Illinois · Jul 26, 2013

Given that the purpose of the HAMP is to assist borrowers in maintaining their properties, proceeding to sale in violation of a guideline that mandates that a servicer “must suspend the sale” is clearly the … The proper course is for a servicer such as plaintiff to define in its internal policy what qualifies as a change in circumstance, and, if it receives a successive application that does not qualify due to a

Wilfong v. Collinsville Community Unit School District No. 10

107 Ill. App. 3d 930 · Appellate Court of Illinois · Jul 14, 1982

Clearly the board had the authority to eliminate Rauh’s position. The question becomes whether the school board properly allowed Rauh to choose as her reassignment the position held by petitioner. … It was undisputed that she was qualified to teach the kindergarten class formerly taught by petitioner.

Board of Trustees v. Industrial Commission

44 Ill. 2d 207 · Illinois Supreme Court · Dec 19, 1969

Clearly the Board of Trustees is an entity independent of the State in its operation and administration of the university. … It is argued that the evidence clearly establishes that appellant was “in the course of” his employment as an instructor at the time of the accident and that his injuries here “arose out of” that employment.

People v. Sanchez

115 Ill. 2d 238 · Illinois Supreme Court · Dec 19, 1986

Further, the defendant asserts that sociological studies have indicated that such “death-qualified” juries tend to be conviction prone, and thus deny defendants a fair trial. Defendant relies primarily on Grigsby v. … In this case, we view the aggravating factors as clearly sufficient to support the sentence the jury imposed.

Smith v. MARVIN, MD

377 Ill. App. 3d 562 · Appellate Court of Illinois · Dec 4, 2007

of something that a reasonably well-qualified surgeon would not do, under the circumstances similar to those shown by the evidence. … The law does not say how a reasonably well-qualified general surgeon would act under these circumstances.

Illinois Dunesland Preservation Society v. Illinois Department of Natural Resources

461 F. Supp. 2d 666 · District Court, N.D. Illinois · Nov 13, 2006

a party of its rights, privileges or immunities under § 1983. … It is therefore not clear whether the pamphlets the IDNR displayed qualify as "government speech." 5 .

Rockford Transit Corp. v. Industrial Commission

38 Ill. 2d 111 · Illinois Supreme Court · Sep 29, 1967

Both were well qualified, their work being confined largely to lung disorders. Each diagnosed the condition as emphysema, of long standing. They agreed that it probably existed in the claimant since a very early age. … But under the language of section i(d) as it now stands the decision of the Industrial Commission was clearly unwarranted.

People v. Miller

128 Ill. App. 3d 574 · Appellate Court of Illinois · Nov 1, 1984

With respect to defendant’s first argument, the record contains sufficient evidence to establish a prima facie case of a conspiracy between Dugan and defendant. … Rather, the phrase, “the one you call your bets into,” was clearly referring to an ongoing and present relationship between Agent Sandusky and defendant, of which Dugan was obviously aware.

Meeks v. Peters

District Court, S.D. Illinois · Oct 7, 2024

Qualified Immunity Qualified immunity is an affirmative defense that shields government officials from liability for civil damages where their conduct does not violate clearly … The qualified immunity test has two prongs: (1) whether the defendant violated a constitutional right, and (2) whether the right at issue was clearly established at the time of the alleged misconduct.

Cianci v. Pettibone Corp.

298 Ill. App. 3d 419 · Appellate Court of Illinois · Jul 31, 1998

App. 3d 662, 669 (1995) (statements made in reports to worker’s compensation insurers protected by qualified privilege because insurers “clearly have an interest in determining the validity of worker’s compensation claims … Nowosad also argues that the circuit court erred in ruling that Hall’s statements enjoyed a qualified privilege.

Chaney Ex Rel. Chaney v. Yetter Mfg. Co.

315 Ill. App. 3d 823 · Appellate Court of Illinois · Aug 16, 2000

Clearly, Genie qualifies as a “loaning employer” under the Act. The issue in this case is whether Chaney’s status as a loaned employee was properly decided as a matter of law. … By designating temporary employment agencies as “loaning employers,” the Act merely establishes another party from whom the employee can seek workers’ compensation recovery. 820 ILCS 305/l(a)(4) (West 1996) (establishing

People v. Taylor

287 Ill. App. 3d 800 · Appellate Court of Illinois · Mar 13, 1997

The cross-examination established several reasons to discount the testimony. … Even if it failed to qualify for admission under the former-testimony hearsay exception, the existence of ample objective indicia of trustworthiness qualified it for admission under the exception carved for statements against

Ray Dancer, Inc. v. D M C Corp.

230 Ill. App. 3d 40 · Appellate Court of Illinois · Jun 5, 1992

Clearly, the settlement agreement entered into between DMC and Leisure in the New York litigation is not itself an exclusive-dealing agreement. … In fact, the parties’ settlement agreement expressly allowing Leisure to sell a competitive line of floss is qualified by certain restrictions on banding and colors.

Harris v. City of Chicago

District Court, N.D. Illinois · Dec 2, 2020

Police officers are entitled to qualified immunity when a plaintiff fails to adequately allege facts that, if true, would constitute a violation of a clearly established statutory or constitutional right. Hanson v. … This road to liability is well-paved—clearly established—in several cases.

Jones v. Illinois Department of Rehabilitation Services

504 F. Supp. 1244 · District Court, N.D. Illinois · Jan 12, 1981

Furthermore, a state does not waive its sovereign immunity and consent to the bringing of a suit by accepting federal funds unless Congress intended to abrogate the immunity conferred by the eleventh amendment, i. e., unless … review of such determination in the United States Court of Appeals for the circuit in which the State is located.... 25 . 29 U.S.C. § 722 (d) provides in pertinent part: (1) The Director of any designated State unit shall establish

Teamsters, Chauffeurs, Warehouseman & Helpers Local Union No. 525 v. Board of Governors of Southern Illinois University

53 Ill. Ct. Cl. 245 · Court of Claims of Illinois · Apr 3, 2001

See, section 1 of the State Immunity Act, 745 ILCS 5/1. … If this Court had concurrent jurisdiction, there would be no established means for a litigant to secure the “uniformity that the Act * * * seeks.”

People Ex Rel. Harrod v. Illinois Courts Commission

69 Ill. 2d 445 · Illinois Supreme Court · Nov 30, 1977

It charged that the creation of the Board, consisting of lawyers, judges and laymen, would erode public confidence in the judiciary “by enshrining in the Constitution a mechanism which clearly establishes a presumption that … The subject matter of the charge against petitioner was, therefore, clearly within the jurisdiction of the Commission.

Snyder v. Blagojevich

332 F. Supp. 2d 1132 · District Court, N.D. Illinois · Aug 20, 2004

It is also worth observing that because State Officials' conduct plainly does not violate Snyder’s clearly established statutory or constitutional rights, State Officials are also shielded from liability by the umbrella of … qualified immunity (see, e.g., Pounds v.