Case law

Silverstein v. Brander

317 Ill. App. 3d 1000 · Appellate Court of Illinois · Dec 11, 2000

The judge read into the record the portion of the deposition that he took to establish the lack of familiarity: “Q. … The Cook County Circuit Court Rules of Practice clearly provide for adequate notice to be given to a party before that party is called upon to defend against a motion for summary judgment.

People v. Johnson

113 Ill. App. 3d 367 · Appellate Court of Illinois · Mar 21, 1983

However, Van DeRostyne was qualified by People v. … Here, the jury had been impaneled and testimony had been taken when the proceeding ended so that defendant clearly had been placed in jeopardy. 74 Ill. 2d 527 .

Dusthimer v. Board of Trustees

306 Ill. Dec. 250 · Appellate Court of Illinois · Oct 27, 2006

State universities, such as the University of Illinois, are individually established by the Illinois legislature and draw their funding primarily from State appropriations. … The board is correct that a reviewing court should overturn an agency’s interpretation of its own regulation only if the interpretation is “ ‘clearly erroneous.’ ” Cotter & Co. v. Property Tax Appeal Board, 277 Ill.

Estate of Davis v. Hazen

582 F. Supp. 938 · District Court, C.D. Illinois · Jul 7, 1983

Moreover, the Court noted that reckless misconduct would dissipate a defendant’s qualified immunity. Id. … The supreme court in Elliott clearly felt that Kaiserman had been erroneously decided.

Partee v. Lane

528 F. Supp. 1254 · District Court, N.D. Illinois · Dec 8, 1981

Public officials who act pursuant to facially valid court orders are accorded the immunity possessed by the judge who entered the order. Lockhart v. … Were it necessary, we would find that all but one of Partee’s allegations are clearly frivolous.

Escarraz v. Escarraz

15 Ill. App. 2d 262 · Appellate Court of Illinois · Oct 22, 1957

The foregoing evidence establishes clearly that the partners entered into the alleged contract and that its material terms were definite and certain. … Here the chancellor taxed the costs in accordance with the recommendations of the master, who knew the interests and the temper of the parties and who was better qualified than anyone else to appraise the respective positions

Vacala v. Village of La Grange Park

260 Ill. App. 3d 599 · Appellate Court of Illinois · Mar 31, 1994

The Village first argues that pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1—101 et seq. (West 1992)) it did not owe Vacala a duty of care. … Next, the Village argues that the jury verdict cannot stand because the evidence clearly shows that the conduct of Mills was the sole cause of the accident.

Evergreen Real Estate Services, LLC v. Hanover Insurance Co.

2019 IL App (1st) 181867 · Appellate Court of Illinois · Nov 4, 2019

Hanover Insurance argues that the RLTO qualifies as a “local consumer protection law.” … Here, there is room for reasonable disagreement about whether the RLTO qualifies as a “consumer protection law.” ¶ 26 To say that the RLTO is clearly and unequivocally a consumer protection law, we would

Marsili v. Arlington Heights Fire Department

990 F. Supp. 576 · District Court, N.D. Illinois · Jan 13, 1998

Once a plaintiff establishes this prima facie case, a presumption of discrimination is established and the burden then shifts to the employer to provide a legitimate nondiscriminatory reason for its actions. … Thus, plaintiff has established three of the four elements of a prima facie case.

Klein v. Village of La Grange

93 Ill. App. 2d 318 · Appellate Court of Illinois · Mar 26, 1968

There, the court in striking down the ordinance in the plaintiffs’ favor, delivered the following qualifying remarks: “. . . … The Justices therein, at length, vigorously advocated the repudiation of what they phrased the Kotrich and Hartung pronouncements of “immunity from review” as it was applied to the piecemeal and ad hoc determinations of legislative

Adorno v. Nitzkin

828 F. Supp. 42 · District Court, N.D. Illinois · Aug 3, 1993

The Supreme Court has recognized that Congress adopted such a broad preemption provision in order to establish a comprehensive and exclusive scheme of federal regulation of employee benefit plans. Pilot Life Ins. Co. v. … The Fifth Circuit held in Perkins: While ERISA clearly preempts claims of bad faith as against insurance companies for improper processing of a claim for benefits under an employee benefit plan, Pilot Life, and while ERISA

Perez v. Transformer Manufacturers, Inc.

35 F. Supp. 3d 941 · District Court, N.D. Illinois · Mar 24, 2014

a genuine dispute as to whether he is a qualified individual with a disability. … Perez can use either the direct or indirect method of proof to establish retaliation. Id.

Johnson v. Kurut, Star No. 6064

District Court, N.D. Illinois · Mar 8, 2023

The district court agreed but entered summary judgment for the officer because it determined that the officer was entitled to qualified immunity. Id. at 688‒89. … The doctrine of qualified immunity protects government officials from liability for civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Baldwin Cooke Company v. Keith Clark, Inc.

383 F. Supp. 650 · District Court, N.D. Illinois · Jun 12, 1974

The collection of non-copyrightable material may still qualify for copyright protection by reason of an original effort expended in the process of compilation or arrangement. … The selection, arrangements and combinations clearly establish the Executive Planner’s originality. See Gelles-Widmer Co. v.

Oppenheimer v. Peabody, Houghteling & Co.

270 Ill. App. 240 · Appellate Court of Illinois · Apr 10, 1933

That paragraph is as follows: “In any action, civil or criminal, where the seller or issuer relies for his defense upon any of the exemptions provided for in this Act, the burden of proof to establish such exemption shall … We have examined all the other eases cited by the plaintiff but are clearly of the opinion that none of them is in point and that it would serve no useful purpose to discuss them here.

Kuipers v. Drake Tower Apartments, Inc.

District Court, N.D. Illinois · Aug 6, 2025

Qualified individual To sustain an ADA accommodation claim, besides establishing that they have a disability, a plaintiff must show that he is "qualified," or in other words … Even if the Kuipers were able to establish that they were qualified individuals, the evidence shows, without any genuine factual dispute, that Drake Tower was still justified in rejecting masking-plus-testing as a reasonable

Hubbard v. Sherman Hospital

292 Ill. App. 3d 148 · Appellate Court of Illinois · Sep 26, 1997

Malachinski did not testify to sufficient experience to qualify him as a surgical expert. Northern Trust, 213 Ill. App. 3d at 407 , again provides guidance. Dr. … A verdict against the manifest weight of the evidence is one that is "palpably erroneous and wholly unwarranted, is clearly the result of passion or prejudice, or appears to be arbitrary, unreasonable, and not based on the

United States Gypsum Co. v. United States

206 F. Supp. 744 · District Court, N.D. Illinois · Mar 6, 1962

The defendant maintains that expenditures for the mining of “new areas” cannot qualify under the regulation. (2) The plaintiff has failed to establish a prima facie case that the expenditures did not increase the value or … The air and escape hatch clearly added to the value of the mine in permitting operations to proceed in the area beyond the tracks.

Equal Employment Opportunity Commission v. Consolidated Services Systems

777 F. Supp. 599 · District Court, N.D. Illinois · Sep 4, 1991

The trial judge’s selection of the appropriate variables required to determine a suitable pool for comparison purposes is generally a question of fact and is reversible only if clearly erroneous. … The EEOC’s anecdotal evidence simply establishes that Consolidated did not offer jobs to these four individuals.

Gowdy v. Richter

20 Ill. App. 3d 514 · Appellate Court of Illinois · Jun 20, 1974

Since the evidence adduced at trial clearly showed that a certificate for 200 shares of stock had been issued to Mr. and Mrs. … The statute clearly reads that liability is established if either of the findings is correct.