Case law

Oglesby v. COCA-COLA BOTTLING CO. OF CHICAGO/WIS.

620 F. Supp. 1336 · District Court, N.D. Illinois · Oct 28, 1985

Absent such direct evidence, a prima facie case may be established when a plaintiff shows (id. at 96): (1) he was a member of the protected class (persons aged 40 to 70); (2) he was qualified for his position; (3) he was … But to be “qualified” for purposes of establishing a prima facie case, an employee such as Oglesby must show he “was performing his job at a level that met his employer’s legitimate expectations.” Huhn v.

Parks v. Libby-Owens-Ford Glass Co.

360 Ill. 130 · Illinois Supreme Court · Apr 17, 1935

The word “poisonous” clearly modifies and restricts the meaning not only of the word “chemicals” but also the words “minerals” and “other substances.” … The General Assembly has failed to establish a standard or rule of action. The section is therefore void.

PepsiCo, Inc. v. Department of Revenue

2026 IL App (4th) 250121 · Appellate Court of Illinois · Feb 25, 2026

The law is well established that an expert’s opinions must “have some evidentiary basis.” Concordia, 2016 IL App (1st) 151864, ¶ 72. … The evidence clearly showed that state tax avoidance was plaintiffs’ only reason for forming PGM as a limited liability company with FLNA as its sole member.

Madison v. The City of Chicago

2017 IL App (1st) 160195 · Appellate Court of Illinois · Jun 26, 2017

together, making no distinction between the first sentence of section 2-101 and the second sentence that lists specific types of claims; our supreme court viewed the claim before it as “excluded” from the Act and did not qualify … To - 11 - No. 1-16-0195 accomplish this, the 2003 amendment used the identical language used in section 13-212(a) of the Code, establishing a two-year limitations period

P.A.M. Transport, Inc. v. Builders Transport, Inc.

209 Ill. App. 3d 889 · Appellate Court of Illinois · Feb 28, 1991

Second, plaintiff’s exhibit 17 should not have been introduced into evidence, as it was clearly hearsay. … Plaintiff having failed to establish any taxes paid for repairs is denied any recovery for same.”

Sugrue v. Crilley

329 Ill. 458 · Illinois Supreme Court · Feb 24, 1928

Zachmann, 201 Ill. 380 ,) which evidence must be of such quality and quantity as to establish the charge clearly and conclusively. (Orthwein v. Thomas, 127 Ill. 554 .) … The competent evidence in this record clearly establishes that Sheldon is the son of John J. Crilley and therefore the nephew of decedent.

Mozer v. Kerth

224 Ill. App. 3d 525 · Appellate Court of Illinois · Jan 17, 1992

Plaintiff also contends that O’Donnell was qualified to testify as an expert in this case, a proposition for which plaintiff cites no case law or other authority. … The answer to this part of the question is clearly that, in the situation where the dismissed defendant is the only defendant, plaintiff may not do so.

Landfill, Inc. v. Pollution Control Board

74 Ill. 2d 541 · Illinois Supreme Court · Mar 22, 1979

The Board’s contention, advanced for the first time on oral argument, that the action against the Board was barred by sovereign immunity, is also without merit. … Such an action does not contravene principles of sovereign immunity. See Bio-Medical Laboratories, Inc. v. Trainor (1977), 68 Ill. 2d 540, 548 ; see also Moline Tool Co. v.

Doe I v. Kane County

District Court, N.D. Illinois · Apr 11, 2018

“[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” … When assessing the clearly established prong of qualified immunity “the inquiry is aimed at determining whether a reasonable person in the officer’s position would have understood his actions to be against the law at the

Tomczak v. Ingalls Memorial Hospital

Appellate Court of Illinois · Aug 17, 2005

We will reverse a circuit court's ruling on a motion to compel discovery only where the appellant "affirmatively and clearly" shows an abuse of discretion. Dufour v. Mobile Oil Corp. , 301 Ill. … To support this theory, the plaintiffs seek to establish that other emergency department patients were examined before the decedent in contravention of the procedures established by Ingalls' emergency department.

Vargas v. Globetrotters Engineering Corp.

4 F. Supp. 2d 780 · District Court, N.D. Illinois · May 7, 1998

Vargas’ only complaint with GEC’s behavior is that it did not restore her to her former position (or an equivalent one) when her leave ended, an accusation which clearly falls under the rubric of § 2614. 4 The question, therefore … First, GEC argues that because Vargas could not type 70 words per minute she was not qualified for a secretarial position at headquarters.

People v. Doneski

288 Ill. App. 3d 1 · Appellate Court of Illinois · Apr 21, 1997

" (5) Finally, defendant's name, Tammy Doneski, is clearly identified. … Clearly, a person not intending to hold herself out as a doctor would not conduct herself in such a manner.

Browne v. Hartford Fire Insurance Company

168 F. Supp. 796 · District Court, N.D. Illinois · Jan 7, 1959

The only allegations with respect to the business of either defendant are contained in the complaint which alleges that both of these defendants are qualified, authorized, and are in fact doing business in the State of Illinois … It is clearly seen from this statement of purpose that amended Sec. 1332 (c) is not specifically directed at corporations such as defendants in the case at bar, nor is it specifically directed at a case of this nature.

Wright v. Gurnee Park District

2025 IL App (2d) 240687-U · Appellate Court of Illinois · Sep 16, 2025

under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … It is plain from the photos that there was an area of higher grass clearly visible.

People v. Valdez

67 N.E.3d 233 · Illinois Supreme Court · Sep 22, 2016

This advice was clearly incorrect, according to the Supreme Court. In fact, Padilla’s drug conviction subjected him to mandatory deportation from the country. … Neither the Immigration and Nationality Act 1 The appellate court held defendant’s conviction did not qualify as an aggravated felony under the federal immigration statutes because defendant

People v. Morthole

51 Ill. App. 3d 919 · Appellate Court of Illinois · Jul 28, 1977

Pitluk, a psychologist, was not qualified to render an opinion regarding the ultimate issue of defendant’s fitness. … Here there was no analogous refusal to direct a verdict on clearly inadequate proof. The proof in the present case clearly showed that defendant possessed .58 grams of a substance containing heroin.

Mario's Butcher Shop & Food Center, Inc. v. Armour & Co.

574 F. Supp. 653 · District Court, N.D. Illinois · Nov 29, 1983

Finally, the State of Illinois, recognizing the need for uniformity in the field, specifically deferred to the federal authorities in establishing regulations for the inspection of meat processing establishments such as those … Clearly, in light of the foregoing, the instant case may properly be brought under state law.

People v. Brown

2020 IL App (1st) 190828 · Appellate Court of Illinois · Sep 14, 2020

Molstad, 101 Ill. 2d 128, 135 (1984) (holding that “[t]he testimony of Molstad’s codefendants clearly qualifies as newly discovered evidence” because no amount of diligence could have compelled them to incriminate … Neither Elzy’s testimony nor Green’s testimony qualifies as new.

21 Kristin Condominium Ass'n v. Pioneer Engineering & Environmental Services, LLC

2020 IL App (1st) 191868 · Appellate Court of Illinois · Sep 30, 2020

Pioneer stated: “The ASTM standard was developed to provide current owners, prospective buyers, lending institutions or other interested parties with qualified professional … “[A] cause of action should not be dismissed pursuant to section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery.”

Village of Roselle v. Board of Trustees of the Roselle Firefighters' Pension Fund

196 N.E.3d 1091 · Appellate Court of Illinois · Dec 28, 2021

Case had clearly proved both that he was disabled and that the September 2016 injury led to his disability. … His pre- and post-injury MRIs objectively established a disabling condition that did not exist before he was hired, and there was no real dispute as to the event that caused that disability.