Case law

Castellano v. Chicago P.D.

129 F. Supp. 2d 1184 · District Court, N.D. Illinois · Feb 12, 2001

These facts, if proven, could establish the segregation officers’ de *1191 liberate indifference. See Anton, 47 F.Supp.2d at 1000 . … Thus, defendants’ claim of qualified immunity—based on plaintiffs placement in CCDOC—is inapplicable.

Little v. STATE OF ILLINOIS DEPT. OF REVENUE

907 F. Supp. 280 · District Court, N.D. Illinois · Dec 8, 1995

Plaintiff advised Hirsch that this new requirement unfairly discriminated against African-American agents who were otherwise qualified for the position. … Since plaintiff was already employed by the Department, these complaints were clearly not a matter of private concern.

People v. Olsson

2011 IL App (2d) 91351 · Appellate Court of Illinois · Sep 22, 2011

If the evidence presented at a discharge hearing is sufficient to establish the defendant’s guilt, no conviction results; instead, the defendant is found “not not guilty.” (Emphasis omitted.) … where the same, or substantially the same, words or phrases appear in different parts of the same statute they will be given a generally accepted and consistent meaning, where the legislative intent is not clearly

Robb v. Lindquist

23 Ill. App. 3d 186 · Appellate Court of Illinois · Oct 24, 1974

On the basis of the record before us we could not say that the conclusion of the trial court in this cause is clearly or palpably against the manifest weight of the evidence. … Here the court found that plaintiff has established his right to a mechanic’s lien and that a personal judgment could be entered in conjunction therewith with a proviso that, to the extent that it is not satisfied by the

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.

Carroll v. Community Health Care Clinic, Inc.

2017 IL App (4th) 150847 · Appellate Court of Illinois · Jun 22, 2017

¶ 18 Additionally, we note this court may affirm the circuit court’s granting of a motion to dismiss on any basis or ground established by the record, regardless of the circuit court's reasoning. Guinn v. … ¶ 32 Clearly, Dr. Pedersen and McGinnes were employees of OSF and not the Clinic, as OSF paid their salary, wages, insurance, benefits, and payroll related taxes.

MacMurray College v. Wright

38 Ill. 2d 272 · Illinois Supreme Court · Sep 29, 1967

Justice Ward delivered the opinion of the court: We have consolidated two appeals, both presenting the question whether certain properties used as housing for members of the faculties and staffs of the appellee colleges . qualify … The appellant Nordlund contends that the 1959 amendment is unconstitutional because through it the legislature sought to expand the boundaries of exemption established by the constitution.

Trustees of Schools v. Cowden

146 Ill. App. 20 · Appellate Court of Illinois · Nov 24, 1908

are clearly distinguishable from the case at bar. … The amount of McIntyre’s defalcation and shortage as determined by the trial court is abundantly established by competent evidence in the record consisting of the several official reports made by him as township treasurer

McKay v. Vitas Healthcare Corp. of Illinois

232 F. Supp. 3d 1038 · District Court, N.D. Illinois · Feb 7, 2017

Hearing qualifies as a major life activity. 29 C.F.R. § 1630.2 (i)(l)(i). … Failure to accommodate To establish a claim for failure to accommodate, McKay must establish that: (1) she is a qualified individual with a disability; (2) Vitas was aware of her disability; and (3) Vitas failed to reasonably

Mattuck v. DaimlerChrysler Corp.

366 Ill. App. 3d 1026 · Appellate Court of Illinois · Jun 30, 2006

A verdict is against the manifest weight of the evidence where the opposite conclusion is clearly evident or where the findings of the jury are unreasonable, arbitrary and not based upon the evidence. Redmond v. … The testimony established that plaintiff had the vehicle serviced no less than six times and that the steering wheel shook violently when he applied the brakes.

General Motors Corp. v. Motor Vehicle Review Board

361 Ill. App. 3d 271 · Appellate Court of Illinois · Oct 3, 2005

However, on appeal, GMC and Loren have not asserted the Review Board’s decision was clearly erroneous. … Thus, the manufacturer had no interest in franchising that was immune from state regulation. New Motor, 439 U.S. at 104-05 , 58 L. Ed. 2d at 372 , 99 S. Ct. at 409 .

Johnson v. Facebook

District Court, S.D. Illinois · Oct 5, 2023

Because Johnson has failed to provide a completed affidavit in support of his request to proceed IFP, the Court is unable to ascertain whether he qualifies for indigent status. … The Court may dismiss a case if it determines the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins

Hollenbeck v. State

6 Ill. Ct. Cl. 330 · Court of Claims of Illinois · Nov 7, 1929

The natural and ordinary meaning of the words is to be accepted except where a word is used the meaning whereof is established by statute or by judicial construction. … The word “aid,” employed in the body of the sentence, has no such established meaning, or any technical meaning different from that given it by the lexicographers as the meaning thereof as understood generally among men.

Sears, Roebuck & Co. v. Charwil Associates, Ltd. Partnership

371 Ill. App. 3d 1071 · Appellate Court of Illinois · Mar 8, 2007

Landlord will obtain and maintain in a reputable insurance company or companies qualified to do business in the City of St. … It further provided: “Landlord will obtain and maintain in a reputable insurance company or companies qualified to do business in the City of St.

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.

FIRST NAT. BANK OF LAGRANGE v. Lowrey

375 Ill. App. 3d 181 · Appellate Court of Illinois · Jun 29, 2007

In this case, we believe the record clearly establishes that the trial court in the underlying action would have approved the settlement. … App. 3d at 674 (finding that a release entered into as part of a settlement agreement did not establish a debtor-creditor relationship and thus qualify as an instrument in writing because the obligation to pay arose out of

Department of Public Works & Buildings v. Finks

10 Ill. 2d 15 · Illinois Supreme Court · Nov 26, 1956

•It is not claimed these witnesses were not qualified to give an opinion on value. … Here, the jury verdict ($4200) did approximate the lowest estimate ($3600), but this is not, of itself, sufficient to establish a clear and palpable mistake." (Forest Preserve District v. Dearlove, 337 Ill. 555 .)

Sanitary District of Chicago v. Martin

173 Ill. 243 · Illinois Supreme Court · Apr 21, 1898

referred to in this paragraph would, therefore, under this rule of construction be construed to be grounds which are open for the designated use to the public generally, and this view would seem to be emphasized by the qualifying … The district is authorized to make and establish docks, and to dispose by lease of any water-power, for its own benefit, ■that may be created in the construction and use of the channel.

Seibold v. Schulte

195 Ill. App. 3d 891 · Appellate Court of Illinois · Mar 8, 1990

The record establishes that there was “other good cause” for removal not in any way reflecting upon respondent’s performance, and respondent remains guardian of the estate. … We cannot say that a benefit has not been conferred upon the estate of Josephine by removing the public guardian and substituting her sister, as public policy clearly prefers a relative to act in such situations.

Hunter Packing Co. v. Industrial Commission

1 Ill. 2d 99 · Illinois Supreme Court · Sep 24, 1953

The established rule is that it is the province of the Industrial Commission, qualified by experience and special study, to draw reasonable conclusions and inferences from evidentiary facts in workmen’s compensation proceedings … , and the courts are not privileged to substitute their judgment for factual findings of the commission unless they are clearly and manifestly contrary to the weight of the evidence.