Case law

United States v. Gifford

549 F. Supp. 206 · District Court, N.D. Illinois · Sep 30, 1982

Our Court of Appeals said (id. at 79-80): Certainly, an unlawful arrest does not serve to immunize the arrested person from prosecution.... … Rowell, 612 F.2d 1176, 1179-80 (7th Cir. 1980) clearly stands for the proposition that where independent evidence establishes probable cause for a person’s arrest, a court need not order the government to go through the needless

People v. Oberlander

109 Ill. App. 2d 469 · Appellate Court of Illinois · Apr 21, 1969

is clearly and prejudicially erroneous. … The record clearly shows, in the case at bar, that the officer was extensively cross-examined about his qualifications to give the opinion testimony.

People v. Phyllis B.

231 Ill. 2d 459 · Illinois Supreme Court · Nov 20, 2008

Looking to the debates, we find that comments by the legislature clearly and strongly favor an interpretation that the phrase “unless it is found to be in his or her best interest” modifies only the phrase prohibiting a minor … The comments repeatedly and definitively establish that the amendment was meant to expand the six-month time period.

Kay v. Department of Central Management Services

2024 IL App (1st) 221102-U · Appellate Court of Illinois · Mar 11, 2024

This, as CMS further contends, clearly shows that sovereign immunity applies to suits seeking to hold CMS liable for the Treasurer’s alleged mismanagement of the Pool. … Elaborating further, the court stated that statutes which “use only general terms without an expressed intent to subject the State to liability will not be construed to impair or negate the State’s immunity from suit established

Oscar Mayer & Co. v. Industrial Commission

176 Ill. App. 3d 607 · Appellate Court of Illinois · Dec 1, 1988

Similarly, an employee is also clearly prejudiced in the giving of notice to the employer (see Ill. Rev. … Clearly, benefits are tied to the wage rate being earned on the date of accident. (Ill. Rev. Stat. 1987, ch. 48, par. 138.10.)

People v. Frazier

2016 IL App (1st) 140911 · Appellate Court of Illinois · Nov 15, 2016

App. 3d 433, 438 (1992). ¶ 19 Here, the evidence established that defendant possessed Hard’s stolen 2011 Lingyu 13L150 motor scooter. … App. 3d 505, 514 (2002) (stating that hearsay is testimony of an out-of-court statement offered to establish the truth of the matter asserted).

Denton v. Universal AM-CAN, Ltd.

2015 IL App (1st) 132905 · Appellate Court of Illinois · Mar 17, 2015

Universal Am-Can admitted Johnson was acting as a qualified driver on its behalf. … Settling tortfeasors, nonetheless, are immune from suits for contribution. 740 ILCS 100/2(d) (West 2012).

City of Chicago v. Boulevard Bank National Ass'n

293 Ill. App. 3d 767 · Appellate Court of Illinois · Dec 12, 1997

The decision of the trial court is against the manifest weight of the evidence if a review of the record clearly establishes that the decision opposite to the one reached by the trial court was the proper result. … Further, the ordinances applicable to the "Blighted Commercial District North Loop” clearly put defendants on notice that the Oliver Building could be condemned.

In Re JR

341 Ill. App. 3d 784 · Appellate Court of Illinois · Jun 27, 2003

Disclosure under the Notification Law clearly communicates truthful, accurate information about the offender to the public. … The respondent qualifies as a "sex offender" subject to the registration requirements of the Registration Act.

Palucki v. Sears, Roebuck & Co.

687 F. Supp. 388 · District Court, N.D. Illinois · Jun 1, 1988

A prima facie showing under the McDonnell Douglas standard requires plaintiff to establish that (1) he belongs to the age protected class, (2) he was qualified for his position, (3) he was terminated, and (4) he was replaced … Even in this testing by McDonnell Douglas, plaintiff failed to meet the demands of the prima facie case. *391 Plaintiff, of course, urges that he was clearly “qualified” for the position and performed it at a level that should

Doe v. Miller

573 F. Supp. 461 · District Court, N.D. Illinois · Oct 20, 1983

Clearly, the parents in this case should not be forced either to withdraw their children’s applications for food stamps or risk being reported to INS as “illegal aliens,” contrary to standards established by federal law. … Finally, the issuance of the injunction clearly will not disserve the public interest since it enforces clearly mandated federal policy with regard to the administration of the food stamp program.

Southern Illinois Builders Association v. Ogilvie

327 F. Supp. 1154 · District Court, S.D. Illinois · Jun 2, 1971

The Court of Appeals for the Third Circuit stated that the Philadelphia Plan is “clearly” color conscious but held in the face of the contractors’ objections based on the Civil Rights Act of 1964 that “to read (The Civil … It is a well settled principle that “immunity from federal regulation is not gained through forehanded contracts.” Federal Housing Authority v.

Fairchild v. Michigan Central Railroad

8 Ill. App. 591 · Appellate Court of Illinois · Jun 14, 1881

If the evidence establishes a valid contract between the parties fixing the amount of the plaintiff’s compensation for taking the deposition in question, such contract must govern, and proof of value, other than that so fixed … He was clearly authorized to take all such steps as were necessary to a proper defense of the suit; among which may fairly be included the suing out of a commission to take the deposition of a non-resident witness, as well

Gannon v. C., M., ST. P. & P. RY. CO.

22 Ill. 2d 305 · Illinois Supreme Court · Jun 14, 1961

The section does not contain the qualifying words "having charge of" after the word "owner," as appears in section 9. … Without clearly accepting or rejecting the New York court's reasoning, our court in the Claffy case followed the same approach and found that the owner therein retained control of the premises and was therefore liable for

People v. Garcia

241 Ill. 2d 416 · Illinois Supreme Court · Jan 21, 2011

In Harden , the statutory language clearly applied to prior Illinois convictions but did not reference federal convictions. … Here, the statutory language clearly excludes time spent in custody from the 10-year limit, but does not reference exclusion of time spent as a result of a defendant's wrongful delay.

National Fire Insurance v. Kilfoy

375 Ill. App. 3d 530 · Appellate Court of Illinois · Aug 13, 2007

Weller were not clearly defined and that, as a result, Weller evaluated and advised patients who should have been evaluated and advised by Sondheimer. … properly advised by Weller; (6) scheduling surgeries in such a manner to discourage patients from seeking additional preoperative advice from Sondheimer; (7) failing to require written consent by patients; and (8) failing to establish

Thiems Construction Co. v. State

45 Ill. Ct. Cl. 267 · Court of Claims of Illinois · May 10, 1993

In addition, it was established that Thiems had exceeded the WBE/DBE goals on earlier projects. Further, it was proven that Theims did ultimately notify DOT of McMillin s failure to perform. … There is clearly no indication that Thiems intended to avoid its obligations.

People ex rel. Nelson v. Peoples State Bank

266 Ill. App. 330 · Appellate Court of Illinois · May 4, 1932

With this intendment clearly discernible from the language of the ordinance, it seems reasonably clear that subsection (e) and other portions of section 14 are merely limitations upon the provisions of section 13 of the ordinance … instance could authorize the treasurer to make a general deposit of its funds without security, it could not thereafter ratify his act in making such deposit; and, second, one who seeks to invoke the doctrine of estoppel must establish

Murray v. New Cingular Wireless Services, Inc.

432 F. Supp. 2d 788 · District Court, N.D. Illinois · May 22, 2006

This is clearly not the case here, as the interest rate may never factor into the transaction at all. Thus, this Court finds that Cingu-lar has extended a firm offer of credit. B. … Although Murray has established that Cingular violated the FCRA’s provisions that disclosures be clear and conspicuous, he has not established that he is entitled to statutory damages pursuant to section 1681n.

Vincent v. Williams

279 Ill. App. 3d 1 · Appellate Court of Illinois · Mar 29, 1996

This is probably because the trial court had already dismissed the defamation claim in Vincent’s first amended complaint on the basis of absolute immunity. … In Starnes the court rejected the argument that when a claim of malice is made, a qualified, rather than an absolute, privilege applies.