Case law

Letourneau v. Department of Registration & Education

212 Ill. App. 3d 717 · Appellate Court of Illinois · Apr 3, 1991

So there clearly is no evidence to support the finding *** that Letourneau has lived in Florida since 1980.” … Raymond Rocke, testifying under a grant of immunity, said he had performed security work for the company under Rizzo as “boss.”

People v. English

2014 IL App (1st) 102732-B · Appellate Court of Illinois · Aug 11, 2014

court incorporated “by reference the evidentiary hearing on the other case, [the Lewis murder].” ¶ 30 This court affirmed the trial court’s denial of leave to file, finding English’s petition failed to establish … To qualify as newly discovered evidence, the evidence must have been unavailable at trial and could not have been discovered sooner through due diligence. Morgan, 212 Ill. 2d at 154.

Tzakis v. Berger Excavating Contractors, Inc.

2019 IL App (1st) 170859 · Appellate Court of Illinois · May 30, 2019

We agree with defendants that Coleman clearly established a new principle of law. … resolution was not clearly foreshadowed.”

Kanerva v. Weems

2014 IL 115811 · Illinois Supreme Court · Aug 26, 2014

Stat. 1971, ch. 127, ¶ 530(a)), but that provision was later qualified. … If it qualifies as a benefit of membership, it is protected. If it does not, it is not.

Anderson v. First American Group of Cos. Modified on Denial of Rehearing - replaces opinion filed 9/27/04

Appellate Court of Illinois · Nov 8, 2004

of law as applied to the established facts is or is not violated. … We believe that plaintiff qualifies as an “employee” under the Fee Act.

Granzow v. Eagle Food Centers, Inc.

27 F. Supp. 2d 1105 · District Court, N.D. Illinois · Dec 11, 1998

Clearly Granzow has demonstrated that they would be. … From the required look at the evidence in the light most favorable to Granzow, a genuine issue of material fact clearly exists as to whether Granzow was qualified.

In re Arthur H. Jr.

Appellate Court of Illinois · May 12, 2003

CURRIE: I just wanted to indicate he was a part of this family and that normally he was in mom's custody and care, but--I can-- THE COURT: Well, but you haven't established that, and asking this question doesn't establish … A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident. In re D.F. , 201 Ill. 2d 476, 498 (2002).

Frakes v. Northeast Illinois Railroad Corp.

District Court, N.D. Illinois · Nov 29, 2021

“Qualified immunity shields a government official from suit when the official is performing a discretionary function and his conduct does not violate clearly established rights of which a reasonable person would have known … Qualified immunity gives state officers the benefit of the doubt when they make decisions without crossing well-established boundaries.

Nolan v. Hillard

Appellate Court of Illinois · Dec 8, 1999

Joyce's affidavit establishes that although the Department received Jaconetti's application for the 1998 sergeants examination, he did not take the written qualifying test. … Jaconetti, who seeks promotion but does not and will not possess the requisite level of college education when promotions are conducted, is clearly injured by this requirement.

Columbia Quarry Co. v. Department of Revenue

34 Ill. 2d 46 · Illinois Supreme Court · Jan 25, 1966

The central issue is whether the sale was one “for use or consumption and not for resale” so that it qualifies as a “sale at retail” under the act. (Ill. Rev. Stat. 1961, chap. 120, par. 440.) … This statement indicates clearly that the lime and the carbon dioxide are separated in the steel company’s processes, but it does not indicate the disposition of the carbon dioxide that was present in the limestone which

Moss-American, Inc. v. Illinois Fair Employment Practices Commission

22 Ill. App. 3d 248 · Appellate Court of Illinois · Sep 24, 1974

Schlemmer was the best qualified of the qualified bidders regardless of race? Answer: Yes, sir.” (Emphasis added.) … Clearly, Minter’s threat to bring charges of racial discrimination affected appellee’s determination of who was the best qualified bidder for the mechanic job.

Wilson v. Illinois Central Railroad

147 F. Supp. 513 · District Court, N.D. Illinois · Jan 16, 1957

The defendant relies upon authorities holding that the Act does not confer upon the returning veteran immunity from layoffs or a reduction in force based upon seniority. Fishgold v. … Where the bar of the passage of time clearly appears upon the face of the complaint, the defense has been considered upon a motion to dismiss. See Berry v. Chrysler Corp., 6 Cir., 1945, 150 F.2d 1002 .

Henry Oppenheimer & Co. v. United States Express Co.

69 Ill. 62 · Illinois Supreme Court · Sep 15, 1873

The terms and conditions on which the company received property for transportation were clearly expressed in the body of the receipt, and in a way not calculated to escape attention. … The established legal construction of such condition's is otherwise. They are not to be read as providing against losses or injuries occasioned by actual negligence. Story on Bailm. secs. 570, 571; Lager v. Ports.

Barr v. Frausto

2016 IL App (3d) 150014 · Appellate Court of Illinois · Jan 6, 2017

granted only where the pleadings and supporting documents, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and that the moving party is clearly … -5-  The Act grants certain immunities and defenses to achieve that purpose. Id.

King v. El Paraiso Del Pacifico, Inc.

241 N.E.3d 524 · Appellate Court of Illinois · Apr 9, 2024

The appellate court noted that, even if the City of Chicago was negligent for failing to post barriers along the street, the City of Chicago was immune under the Local Governmental and Governmental Employees Tort Immunity … Moreover, in two of the three cited cases, the defendant either had no duty or was immune from liability.

Masterton v. Village of Glenview Police Pension Board

464 Ill. Dec. 857 · Appellate Court of Illinois · Dec 15, 2022

The Board and Village argue that under the well-established canons of statutory construction, when all the provisions of section 3-112 are read together, the legislature clearly did not intend to award duty- related benefits … The legislature clearly knew how to refer to the survivor sequence when it wanted to do so.

Community & Economic Development Ass'n of Cook County, Illinois, Inc. v. Board of Review State of Illinois Department of Employment Security

298 Ill. App. 3d 42 · Appellate Court of Illinois · Jul 7, 1998

The evidence did not establish that the primary function of the program was the presentation of formal instruction as required for the program to be an educational institution. … We find that the board of review's determination that CEDA's Head Start program does not qualify as an educational institution under section 612(B)(2) was not against the manifest weight of the evidence or clearly erroneous

United States v. Interlake Steel Corporation

297 F. Supp. 912 · District Court, N.D. Illinois · May 14, 1969

Although the Coast Guard is not .among those agencies fixed with the responsibility of enforcing the Rivers and Harbors Act by Section 17, enforceability of the Act clearly should not rest upon the fortuity of which particular … In reaching this conclusion, the court observed that “[a]ny doubts are resolved by a consistent administrative construction which refused to give immunity to industrial .wastes resulting in the deposit of solids in the very

Coleman v. Village Of Riverdale

District Court, N.D. Illinois · Jul 18, 2024

Officer Mooney The defendants argue that Officer Mooney’s actions did not violate the Fourth Amendment, and, even if they did, he is protected by qualified immunity. … Because there was no constitutional violation, Officer Mooney is entitled to qualified immunity.

Fisher v. Illinois Office Supply Co.

130 Ill. App. 3d 996 · Appellate Court of Illinois · Dec 31, 1984

As the complaint at issue here was filed over six months after the denial of plaintiff’s grievance, DelCostello clearly applies. … Instead, we find that the traditional qualified constitutional privilege as expressed in Linn and Colson applies here.