Case law

Starostka v. Illinois, Department of Public Aid

666 F. Supp. 132 · District Court, N.D. Illinois · Jun 29, 1987

Defendant clearly interpreted the waiver as such. … If Plaintiff proves he was a clearly superior candidate to Washington, unless he can show a discriminatory intent, all he has established is a violation of the collective bargaining agreement.

Ruiz v. City of Chicago

366 Ill. App. 3d 947 · Appellate Court of Illinois · Jun 29, 2006

Based on review of these documents and his experience as a paramedic, Ligouri opined that he was qualified to testify as to the standard of care in Cook County, Illinois. … However, as discussed below, we do not find this to be the case and review the trial court’s decision to exclude Ligouri under an abuse of discretion standard as clearly outlined in Gill and Sullivan.

People v. Schumann

120 Ill. App. 3d 518 · Appellate Court of Illinois · Dec 27, 1983

The evidence showed that Vicki Linjuco was clearly qualified to withdraw defendant’s blood. … The evidence establishes that the speed limit was 50 miles per hour, that Mrs.

In Re Brilley

148 B.R. 39 · United States Bankruptcy Court, C.D. Illinois · Aug 18, 1992

The United States Supreme Court recently ruled that a Chapter 7 debtor’s interest in an ERISA — qualified retirement plan was excluded from the bankruptcy estate under § 541(c)(2). Patterson v. … Clearly, an IRA is not a true spendthrift trust. In a true spendthrift trust, the settlor of the trust cannot establish the trust for his own benefit.

People v. Caballero

Illinois Supreme Court · Dec 4, 1997

Thus, defendant cannot establish that the disparate treatment of himself and Aviles was unreasonable or unwarranted. … Clearly, the result defendant seeks was not "dictated" by existing precedent, where this court rejected his original claim that his jury should have been "life qualified." Caballero, 102 Ill. 2d at 45 - 46.

Turner v. State

12 Ill. Ct. Cl. 265 · Court of Claims of Illinois · Sep 22, 1942

Courts have consistently held that sovereign immunities can be waived only by express legislative action. People vs. Oregon Savings Bank, 357 Ill. 545 . … Knowing the long history of the protection and immunity of a sovereign, if the Legislature intended such immunity should be waived when considering claims against the State, it had only to provide that the doctrine of respondeat

Ali v. Chicago

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

Qualified immunity pro- tects public officials from liability for damages if their actions did not violate clearly established rights of which a reasonable person would have known. Harlow v. … To defeat qualified immunity, a plaintiff must es- tablish both that (1) the defendant violated a constitutional right and (2) the right was clearly established. Pearson v. Callahan, 555 U.S. 223, 232 (2009).

Bossman v. Village of Riverton

291 Ill. App. 3d 769 · Appellate Court of Illinois · Aug 29, 1997

It is because of this immunity from review that legislative bodies must confine themselves to the prescribing of general rules. … However, there clearly was no such plan and the actual zoning pattern in the area was uniformly residential.

Davis v. Lake County Jail

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

immunity. … Qualified immunity protects public officials from being monetarily liable unless the evidence shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at

Burroughs v. Hills

564 F. Supp. 1007 · District Court, N.D. Illinois · Mar 8, 1983

Defendants have argued that plaintiffs do not satisfy *1012 the criteria for implication of a private right of action established in Cort v. … Here, plaintiffs seek to hold HUD itself to the standards it has established. See Estrada v. Hills, 401 F.Supp. 429, 437-38 (N.D.Ill. 1975).

Federal Deposit Ins. Corp. v. Meyer

578 F. Supp. 147 · District Court, N.D. Illinois · Dec 23, 1983

That provision clearly allows for FDIC liability if the requisite four conditions are met. … actions sounding in tort, not contract, as to which courts have held Congress did not waive sovereign immunity to such claims: FDIC v.

American National Fire Insurance Co. v. National Union Fire Insurance Co

Appellate Court of Illinois · Sep 5, 2003

Camosy failed to do so and its actions clearly violated the notice provision in section 2(c)(1). … EX POST FACTO LAWS AND IMPAIRING CONTRACTS No ex post facto law, or law impairing the obligation of contracts or making an irrevocable grant of special privileges or immunities, shall be passed." Ill. Const. 1970, art.

Frakes v. Peoria School District No. 150

2014 IL App (3d) 130306 · Appellate Court of Illinois · Jul 29, 2014

Section 24-12(b) clearly provides that if a school board has vacancies for the next school term, only teachers in Groups 3 and 4 have recall rights. 105 ILCS 5/24-12(b) (West 2012). … to the inception of the 2012-13 school year and after funding became certain based on final enrollment information received before the 2012-13 school year began. ¶ 29 In my view, the pleadings did not establish

In re Michelle J.

Illinois Supreme Court · Apr 1, 2004

It provides: “No respondent may be found subject to involuntary admission unless that finding has been established by clear and convincing evidence.” … The expert witnesses called by the State were not qualified to testify under section 3–807.

Phaup v. Pepsi-Cola General Bottlers, Inc.

761 F. Supp. 555 · District Court, N.D. Illinois · Apr 5, 1991

In each instance, the most important criterion that Fitzpatrick must be able to show is that she was qualified, both to establish her prima facie case and thereafter to refute Pepsi’s explanation — which it advances in both … situations — that she was not qualified.

In RE ESTATE OF ROY v. Roy

202 Ill. Dec. 492 · Appellate Court of Illinois · Jul 19, 1994

The first and third factors enunciated in Nixon are clearly not applicable here. However, the second factor set forth in Nixon is crucial to our analysis. … It clearly provides that a disabled person is allowed to bring a petition naming a guardian (755 ILCS 5/lia — 3(a) (West 1992)) but that choice is subject to the statutory criteria for qualifying as a guardian listed in section

Alcorn v. City Of Chicago

District Court, N.D. Illinois · Sep 28, 2022

Defendants assert that Officer Wlodarski is protected by qualified immunity. Qualified immunity “shields federal and state officials from money damages.” Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011). … To overcome qualified immunity, a plaintiff must establish a violation of a constitutional right, and the court must decide if the right at issue was “clearly established” at the time of the alleged misconduct.

Helms v. Metro. Life Ins. Co. (In re O'Malley)

601 B.R. 629 · United States Bankruptcy Court, N.D. Illinois · May 23, 2019

July 24, 1991) ("While the discussions in [a particular case] are dicta and therefore not binding on [the court], they are clearly helpful and [the court] rel[ies] heavily on the thoughtful analysis" therein); In re Arguin … As to avoidance, the undisputed facts in this matter establish that the TAMO transfers satisfy all four elements required under § 549(a).

People Ex Rel. Gill v. Baum

367 Ill. 249 · Illinois Supreme Court · Oct 15, 1937

violate section 22 of article 4 of the constitution of 1870 which forbids the General Assembly from passing local or special laws granting to any corporation, association or individual any special, or exclusive privilege, immunity … Applying this rule to the instant case, it clearly appears that at the time the original tax levy ordinance was enacted and transmitted to the county clerk, the maximum rate the city of Chicago could legally levy for general

Sidwell v. Sidwell

75 Ill. App. 2d 133 · Appellate Court of Illinois · Sep 26, 1966

Clearly, the evidence received, classified as newly discovered evidence, failed of qualification either as an admission or declarations against interest. … The record clearly establishes that the trial court considered this evidence in reaching his conclusions as to the final decree.