Case law

People v. Walters

183 Ill. App. 3d 452 · Appellate Court of Illinois · May 24, 1989

Clearly, the legislature intended that, if an attorney is to be appointed, the appointment be made at the time the hearing is set, and not merely at the hearing itself. (In re Elkow (1988), 167 Ill. … Where, as here, respondent affirmatively establishes that she desired to confer with counsel, but was denied that opportunity, we will not find that the failure to comply with section 3 — 805 is harmless error.

Sheller Ex Rel. Sheller v. Frank's Nursery & Crafts, Inc.

957 F. Supp. 150 · District Court, N.D. Illinois · Mar 10, 1997

The issue, however, is not whether the employment application qualifies as an employment contract, but whether the application qualifies as a valid contract to arbitrate. … In the application, Plaintiffs agreed that “[i]f employed by [Defendant],” they would “conform to Company-established rules and regulations.”

Price v. Philip Morris, Inc.

219 Ill. 2d 182 · Illinois Supreme Court · May 5, 2006

While not condemning the use of agency adjudicative proceedings to establish agency policy, the court’s own quotations clearly evince an FTC preference for formal rulemaking. 219 Ill. 2d at 254-56. … This would mean that the defrauding defendant has successfully accomplished his fraud and is still immune from an action in deceit.

Zurek v. Woodbury

446 F. Supp. 1149 · District Court, N.D. Illinois · Mar 17, 1978

Plaintiff further asserts that he was deprived of his rights, privileges, and immunities as guaranteed by the Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, and Fourteenth Amendments to the Constitution of the United States … Clearly, an illegal arrest may support a cause of action for damages notwithstanding the pendency of a criminal charge or trial. Fulford v.

Construction Equipment Federal Credit Union v. Roberts (In Re Roberts)

149 B.R. 547 · District Court, C.D. Illinois · Jan 21, 1993

In 1984, the qualifying statutory language was eliminated. … The court addressed the question of whether the credit union qualified as a nonprofit institution under § 523(a)(8).

Sansone v. Donahoe

98 F. Supp. 3d 946 · District Court, N.D. Illinois · Apr 14, 2015

Standard of Review Every Rule 56 movant bears the burden of establishing the absence of any genuine issue of material fact (Celotex Corp. v. … On that premise Sansone was not a “qualified individual” who was entitled at that point to a reasonable accommodation.

Miller v. Davidson

8 Ill. 518 · Illinois Supreme Court · Dec 15, 1846

This, however, is not out of regard to the one who claims immunity from having violated the law, but it is because he who complains is equally guilty. In the case of Holman v. … Here, then, we see, that although a trust may be created in violation, and clearly in fraud of the law, still the trustee shall not be permitted to hold the trust estate discharged of the trust, although the cestui que trust

In re Estate of Dunston

2020 IL App (5th) 190017 · Appellate Court of Illinois · Jun 26, 2020

The Baillie court observed the established common law that “the only period of time when a joint tenancy can be severed” is before the other joint tenant dies. Id. ¶ 37. … The Baillie court emphasized that “ ‘[a]ny legislative intent to abrogate the common law must be clearly and plainly expressed.’ ” Id. (quoting Murphy-Hylton v.

Fairley v. Andrews

430 F. Supp. 2d 786 · District Court, N.D. Illinois · May 4, 2006

As Judge Castillo explained in denying Defendants’ qualified immunity claim, a “reasonable person in Defendants’ posi *797 tion would have known that retaliating and harassing someone because of something they said or wanted … Judge Castillo already ruled that Defendants did not establish qualified immunity because Plaintiffs’ right to free speech under the circumstances was clearly established. Fairley v.

Nowak v. St. Rita High School

197 Ill. 2d 381 · Illinois Supreme Court · Sep 20, 2001

Application of the doctrine of collateral estoppel must be narrowly tailored to fit the precise facts and issues that were clearly determined in the prior judgment. Kessinger v. … Rita’s was clearly related to his medical condition. Defendant knew that from regular contacts with plaintiff. Defendant acknowledged in a letter that plaintiff was on sick leave.

In re Marriage of Zamudio

2019 IL 124676 · Illinois Supreme Court · Nov 21, 2019

service credit for a period of up to 4 years spent in active military service for which he does not qualify for credit under Section 14-105,[1] provided that (1) he was not dishonorably discharged … Thus, the Pension Code clearly differentiates between regular service and permissive service credit.

Lombardo v. Reliance Elevator Co.

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 plaintiff 's 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.

People v. Howard

78 Ill. App. 3d 858 · Appellate Court of Illinois · Nov 27, 1979

Gilroy was offered immunity by the State in return for his testimony at defendant’s trial. … Moreover, the defect dotes not qualify as an exception under Supreme Court Rule 451(c) (58 Ill. 2d R. 451(c)) because it is not a substantial defect.

Equal Employment Opportunity Commission v. Staffmark Investment LLC

67 F. Supp. 3d 885 · District Court, N.D. Illinois · Sep 4, 2014

Mota’s statement can only establish Mota’s state of mind, not Sony’s. b. … Qualified to Perform Essential Services The ADA only protects a “qualified individual with a disability.” 29 C.F.R. app. § 1630.2(m).

Guykowski v. People

2 Ill. 476 · Illinois Supreme Court · Dec 15, 1838

principle of criminal law, or rule of proceeding, has been clearly violated. … From this section there can be no doubt whatever, that an alien is not qualified to serve as a juror in any case.

Spann v. Springfield Clinic

217 Ill. App. 3d 419 · Appellate Court of Illinois · Aug 6, 1991

The trial court ruled that plaintiff failed to establish the first principle required by Duldulao in order for the handbook to become a contract. We agree. … She relies on language in Duldulao and cases cited therein which state that the status of at-will employment is not immune from restriction.

Farmers & Mechanics Bank v. Davies

97 Ill. App. 3d 195 · Appellate Court of Illinois · May 28, 1981

If a factual question exists, the court must then determine which party, if either is so qualified, is entitled to judgment as a matter of law. Kravis v. Smith-Marine, Inc. (1974), 20 Ill. … Nevertheless, the Bank should at least have the opportunity to prove that the parties involved clearly intended the provisions to be read as consistent with each other and that the provisions were clearly understood by the

McCullough v. Heckler

583 F. Supp. 934 · District Court, N.D. Illinois · Mar 30, 1984

“Severity” as a Requirement of Disability “Severity” is an element that must be shown to establish a disability and entitle a claimant to social security benefits. … That is of course an insupportable finding as to McCullough: It clearly is not supported by substantial evidence.

In Re Estate of Cohn

95 Ill. App. 3d 204 · Appellate Court of Illinois · Apr 10, 1981

The trial court found that petitioner was a citizen of Illinois and was qualified to file a petition under section 11-5. … Marcus did not establish a domicile elsewhere and in that way lose his Illinois citizenship.

City of Elmhurst Ex Rel. Mastrino v. City of Elmhurst

208 Ill. Dec. 673 · Appellate Court of Illinois · Dec 2, 1994

Section 2 — 302 of the Local Governmental and Governmental Employees Tort Immunity Act (Immunity Act) provides in pertinent part: "If any claim or action is instituted against an employee of a local public entity based on … Defendants have failed to establish any such affirmative matter.