Case law

Lombardo v. Reliance Elevator Co.

315 Ill. App. 3d 111 · Appellate Court of Illinois · Jun 30, 2000

But the failures of the bank and the maintenance company do not establish a defense for WS against plaintiffs claim. Rather, they establish grounds for WS’s counterclaims. … 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.

A. P. Green Services Division of Bigelow-Leptak Corp. v. Fair Employment Practices Commission

19 Ill. App. 3d 875 · Appellate Court of Illinois · Apr 10, 1974

It should be noted that both Waters and King were qualified bricklayers and had experience in all types of brick work. … It was also established that none of them were black. James Corrado testified for A. P.

Federal Deposit Insurance v. Hartford Insurance

692 F. Supp. 866 · District Court, N.D. Illinois · Jul 27, 1988

It is well-established that the United States is immune from money damages suits except where it has statutorily consented to be sued. United States v. … FDIC, 506 F.2d 1213, 1215 (9th Cir.1974) (“[t]he FDIC is clearly a federal agency and within the coverage of the FTCA”); FDIC v.

Citizens Valley View Co. v. Illinois Commerce Commission

28 Ill. 2d 294 · Illinois Supreme Court · May 27, 1963

The Commission’s order is considered presumptively valid and cannot be set aside unless found to be clearly unreasonable or contrary to an established rule of law. (Chicago, North Shore and Milwaukee Railroad Co. v. … The Public Utility Act itself, section 55, states that “no certificate of public convenience and necessity shall be construed as granting a monopoly or an exclusive privilege, immunity or franchise”.

In re Petition for Naturalization of Todorov

253 F. Supp. 977 · District Court, N.D. Illinois · May 17, 1966

The Examiner concluded that the petitioner had established his eligibility for naturalization and recommended that the petition be granted. … (emphasis supplied) Placement on the TDRL is clearly not discharge.

People v. Hunley

313 Ill. App. 3d 16 · Appellate Court of Illinois · May 1, 2000

The degree of knowledge or experience necessary to qualify the witness as an expert depends on the complexity of the subject matter and the likelihood of error if the witness is not properly qualified. … To qualify as hearsay, an out-of-court statement must be offered to establish the truth of the matter asserted. People v. Rogers, 81 Ill. 2d 571 (1980).

Archer Daniels Midland Co. v. Industrial Commission

138 Ill. 2d 107 · Illinois Supreme Court · Sep 26, 1990

Once a claimant shows that he is unable to perform and obtain regular and continuous employment for which he is qualified, the burden shifts to the employer, who must come forward with evidence to establish “that the employee … This evidence was clearly sufficient to satisfy the appellant’s burden.

Marlowe v. Village of Wauconda

91 Ill. App. 3d 874 · Appellate Court of Illinois · Dec 22, 1980

Clearly, plaintiffs’ building would not meet that test. … It is well established that a post-deprivation hearing can satisfy due process requirements (Goffinet v.

Holmes v. Curren

District Court, N.D. Illinois · Jun 12, 2018

Qualified Immunity Defense (Counts I and II) The Defendants also argue Counts I and II should be dismissed on qualified immunity grounds. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged

People v. Fifty Cases of Shell Eggs

198 Ill. App. 319 · Appellate Court of Illinois · Mar 15, 1916

According to a well-established canon of construction, as it adopted the language of the Federal statute presumably with knowledge of the interpretation given it by the Supreme Court, it intended to use the language in the … part of filthy, decomposed, putrid, infected, tainted or rotten animal or vegetable substance or article,” and this seems to the court a wise provision, for it would certainly destroy the effectiveness of the statute if immunity

Dominguez v. Park City

District Court, N.D. Illinois · Mar 28, 2023

“The doctrine of qualified immunity protects government officials from liability when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … The qualified immunity inquiry involves two questions: (1) whether a plaintiff’s constitutional rights have been violated; and (2) whether the right at issue was “clearly established” at the time of the alleged misconduct

United States v. Department of Revenue of State of Ill.

202 F. Supp. 757 · District Court, N.D. Illinois · Mar 7, 1962

The exemption accorded to non-governmental institutions operated for charitable, religious and educational purposes is not of recent origin, but is the continuance of an old and well-established public policy. … The rule of sovereignty was clearly recognized in the case of Kern-Limerick, Inc., et al. v.

United States v. Carrozzo

37 F. Supp. 191 · District Court, N.D. Illinois · Apr 7, 1941

It must clearly appear from the indictment that the activities with which defendants are charged are such as unreasonably restrain interstate commerce and prejudice the public interests, and are not activities which come … Union here was immune from prosecution in a civil suit, because of the provisions of the NorrisLaGuardia Act, surely it would likewise be immune from prosecution in a criminal suit.

Schlencker v. Risley

4 Ill. 483 · Illinois Supreme Court · Dec 15, 1842

In some instances the granting or refusing a motion for a new trial, is a matter of sound discretion with the judge, while in others, the question must be determined by well known and firmly established principles of law. … The jury have tried the case on its merits, and have rendered a verdict which may be clearly comprehended and easily understood, and by which no one will doubt that they intended to convey the fact to the Court, that they

Ballin Drugs, Inc. v. Department of Registration & Education

166 Ill. App. 3d 520 · Appellate Court of Illinois · Feb 16, 1988

The statute clearly lists six guidelines which a pharmacist “shall” consider in determining whether to dispense a controlled substance. … Plaintiffs argued that Graber was not yet qualified as an expert and should be ex-eluded.

Padfield v. Padfield

68 Ill. 210 · Illinois Supreme Court · Jun 15, 1873

The proof very clearly establishes that, in consideration of defendant’s absolute undertaking to pay complainant, for his support, |2000 per annum during his life, complainant transferred the property in question to defendant … defendant, in accounting with Whit-taker and Bisen m ayer for the two-thirds, to deduct first the amount furnished complainant for his support, we regard that as only bearing upon the adequacy of the consideration, and not qualifying

Coelho v. Park Ridge Oldsmobile, Inc.

247 F. Supp. 2d 1004 · District Court, N.D. Illinois · Feb 11, 2003

But the record clearly shows that claim is inaccurate. Mitsubishi determined the rebate eligibility criteria and paid the rebates, not PRO. … of the group and do not qualify for the discount pay no more than the nonmember cash customers.”). 8 .

Frederick v. City of Peoria

203 Ill. App. 486 · Appellate Court of Illinois · Aug 10, 1916

The appellee was 'first appointed as a police officer in November, 1905, and qualified as such officer by giving the bond required by the ordinances of the city, and taking the required oath of office. … It has been clearly settled in this State that the city had no such right. (People v. Bradford, 267 Ill. 486 .)

Nuclear Data, Inc. v. Atomic Energy Commission

344 F. Supp. 719 · District Court, N.D. Illinois · May 16, 1972

Defendants contend that unless the Plaintiff can point to a specific statute waiving sovereign immunity by the United States, Anderson, as Assistant General Counsel for Patents of the AEC, and the AEC are immune from suit … Defendants contend that where Congress intended a hearing to be held, it could state so quite clearly. Por example, see section 153 of the Atomic Energy Act, 42 U.S.C. § 2183 . 4 .

Williams v. City of Chicago

District Court, N.D. Illinois · Mar 12, 2020

This fact issue precludes the Court from entering summary judgment, unless Defendants can establish that they are entitled to qualified immunity. See Belcher v. … Hill and Garcia are entitled to qualified immunity if they can demonstrate that “a reasonable officer could have believed [Plaintiff’s] arrest to be lawful in light of clearly established law and the information