Case law

National Surety Corp. v. Fast Motor Service, Inc.

213 Ill. App. 3d 500 · Appellate Court of Illinois · May 3, 1991

Industrial Comm’n (1936), 364 Ill. 161 , 4 N.E.2d 82 , is clearly distinguishable. … In the present case Fast Motor established that Mr. Walker had expertise in the area of claims auditing and that he had been hired to conduct an audit of the insurance claims adjusted by National.

G.M. Harston Construction Co. v. City of Chicago

209 F. Supp. 2d 902 · District Court, N.D. Illinois · Apr 24, 2002

rights of individuals would be clearly in danger of unwarranted invasion. … Even there, however, that standard is qualified. For example, in Best Foam Fabricators, Inc. v.

Barclay v. Barclay

184 Ill. 471 · Illinois Supreme Court · Feb 21, 1900

It is finally urged, with much earnestness, that the facts shown upon the hearing did not justify the order of the court, but that the defendant sufficiently established his inability to perform the decree to entitle him … On the contrary, his own affidavit clearly shows that he has persistently and repeatedly refused to make payments in performance of the decree when he had the ability to do so, choosing to spend large sums of money in resisting

Cook v. Gould

109 Ill. App. 3d 311 · Appellate Court of Illinois · Sep 23, 1982

The presentation of evidence on those issues would clearly be prejudicial and impugn the defendant’s character. The granting of a motion in limine is a matter within the discretion of the trial court. … Under the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1979, ch. 85, par. 3 — 102), the city of Joliet has a duty to maintain its streets in a reasonably safe condition.

American Telephone & Telegraph Co. v. Village of Arlington Heights

174 Ill. App. 3d 381 · Appellate Court of Illinois · Sep 22, 1988

Although the certificate shall not be “construed as granting a monopoly, or an exclusive privilege, immunity or franchise” (Ill. Rev. … Both the Utilities Act and the Telephone Act establish plaintiffs’ right to construct their facilities upon public streets.

People v. Stackhouse

354 Ill. App. 3d 265 · Appellate Court of Illinois · Nov 30, 2004

Nor do we believe that Officer Ferguson’s testimony qualifies as “some evidence” that Ortiz “perceived” the defendant. … Ortiz testified very clearly that he recognized the woman because she approached him and they had a conversation.

Stevens v. Illinois Central Railroad

306 Ill. 370 · Illinois Supreme Court · Dec 19, 1922

unless such extension or inclusion is clearly required by the intent and meaning of the context or disclosed by an examination of the entire act. … Applying these well established rules to the facts in this case, it is apparent that plaintiff failed to establish the preliminary requirements necessary to make the X-ray film admissible.

People v. Delaney

2024 IL App (5th) 240231 · Appellate Court of Illinois · May 8, 2024

The sole issue on appeal is whether the charged offense was a qualifying offense as defined in section 110-6.1(a)(1.5). … Nor was it necessary for Rodriguez to determine such issue where the defendant in that case clearly contemplated and used force capable of great bodily harm by driving away while part of an officer’s body was in the vehicle

Morris v. Lashbrook

District Court, S.D. Illinois · Sep 25, 2019

whether that right was clearly established at the time. … Moreover, these rights were clearly established at the time of Morris’s alleged injury.

Heimann v. Roadway Express, Inc.

228 F. Supp. 2d 886 · District Court, N.D. Illinois · Oct 8, 2002

qualified for his job; and (4) the disability caused the adverse employment action. … In order to bring a claim under the Rehabilitation Act, a plaintiff must establish “that he suffers from a disability as defined under the Act; that he was otherwise qualified for the job; that he was involved in programs

Schmidt v. Niedert

45 Ill. App. 3d 9 · Appellate Court of Illinois · Dec 30, 1976

A writing qualifies as “other evidence of indebtedness in writing” under section 16 only when one need not resort to parol evidence to establish the vital elements of the agreement. … This principle was delineated clearly in the recent case of Estate of Garrett v. Garrett (1975), 24 Ill.

Kimber v. City of Warrenville

248 Ill. App. 3d 361 · Appellate Court of Illinois · Aug 2, 1993

, through public official immunity, from liability in this case. … Moreover, the facts establish that at the time of the accident Officer Pikolcz had abandoned pursuit.

Kirwan v. Lincolnshire-Riverwoods Fire Protection District

Appellate Court of Illinois · Jun 24, 2004

On March 7, 2001, decedent experienced an allergic reaction to walnuts while at Bar Louie, an establishment in Riverwoods. At 9:26 p.m. a 9-1-1 call was placed. … Taking plaintiff's well-pleaded facts as true, we cannot say that it clearly appears that plaintiff would not be entitled to relief under any set of facts.

Sims v. Atkins

456 Ill. Dec. 900 · Appellate Court of Illinois · Sep 7, 2021

To qualify for a waiver of court costs, fees, and charges, a litigant must submit an application that is “sufficient to allow a court to determine whether an applicant qualifies for full or partial waiver of … A trial court’s decision is against the manifest weight of the evidence where the record clearly establishes that -5-  the opposite conclusion was the proper

People v. Popely

36 Ill. App. 3d 828 · Appellate Court of Illinois · Mar 4, 1976

There is essentially no dispute as to the facts established at the hearing on the above motion. … he took her measurements, defendant told her she was not qualified for the job.

Doe v. Bobbitt

682 F. Supp. 388 · District Court, N.D. Illinois · Mar 23, 1988

In order to establish jurisdiction over pendent parties, it must be the case that (1) there is a federal claim of sufficient substance; (2) the federal and state claims are derived from a common nucleus of operative fact; … A federal claim of sufficient substance is one that is more than frivolous or clearly meritless. Goosby v.

Flex v. Department of Labor, Board of Review

125 Ill. App. 3d 1021 · Appellate Court of Illinois · Jun 25, 1984

It is well established that Illinois courts have required that the Act be liberally interpreted to favor the awarding of benefits. (Griffitts Construction Co. v. … Jaudes’ letter clearly indicates that plaintiff’s child suffered severe and disabling injuries at birth.

Scotch Whisky Ass'n v. Majestic Distilling Co.

681 F. Supp. 1297 · District Court, N.D. Illinois · Mar 3, 1988

The “localization” test is more clearly defined, and it is less manipulable. On the facts of this case, however, it does not matter which test the Court applies. … Carlson’s affidavit on the ground that the affidavit does not establish that Mr.

Graves v. Board of Education Plainfield Community Consolidated District 202

District Court, N.D. Illinois · May 16, 2024

Instead, McGrath provided cases that establish that initiating criminal charges and appearing at a probable cause hearing qualify as core prosecutorial functions. … Indiana, 786 F.3d 510, 519–20 (7th Cir. 2015) (“Unless it is certain from the face of the complaint that any 5 McGrath did not raise a qualified immunity argument, so the Court need not address qualified immunity.

Federal Trade Commission v. American Tax Relief LLC

751 F. Supp. 2d 972 · District Court, N.D. Illinois · Nov 24, 2010

“In order to establish that an act or practice is deceptive, the FTC must establish that the representations, omissions, or practices likely would mislead consumers, acting reasonably, to their detriment.” FTC v. … not qualify under IRS standard.”