Case law

People v. Carter

98 Ill. App. 3d 720 · Appellate Court of Illinois · Jul 20, 1981

To qualify as evidence of modus operandi, the evidence must show that both crimes were “ ‘ “so nearly identical in method as to earmark them as the handiwork of the accused” * • V ” (People v. Osborn (1977), 53 Ill. … The fact of the 12-year-old’s pregnancy establishes that a crime was committed.

Baumann v. American National Red Cross

262 F. Supp. 2d 965 · District Court, C.D. Illinois · May 21, 2003

The standard of care governing this type of decision clearly involves medical learning or principles, and is not within the knowledge of most lay people. … Therefore, although Baumann was not a “patient” receiving “medical treatment” in the traditional sense from the Red Cross, Woodard establishes that this case is one for medical malpractice rather than simple negligence, and

Taylor v. STATE UNIVERSITIES RET. SYS.

203 Ill. App. 3d 513 · Appellate Court of Illinois · Jul 12, 1990

In order to obtain a judgment for attorney fees under this doctrine, it is necessary for an attorney to establish that (1) the fund with respect to which fees are sought was created as a result of legal services performed … SURS maintains a circuit court money judgment against SURS, in the amount of the fees which Taylor claims, would violate the doctrine of sovereign immunity.

Nowicki v. Evanston Fair Housing Review Board

39 Ill. App. 3d 109 · Appellate Court of Illinois · May 26, 1976

The defendants are the Fair Housing Review Board of the City of Evanston, an administrative agency established under chapter 25? … Kelly insisted on completing the application and was informed five or six days later she did not qualify. On June 8, Mr. Horacio D. Lewis called Maxwell about the apartment.

In Re Estate of Lieberman

909 N.E.2d 915 · Appellate Court of Illinois · May 28, 2009

Therefore, pursuant to section 2-615, a court should not dismiss a cause of action unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery. … The standard for the remaining 13 permitted investments has not been established by the statute itself or by an Illinois court.

Gatlin v. Village of Summit

150 F. Supp. 3d 984 · District Court, N.D. Illinois · Dec 15, 2015

But the Court cannot say - that her contentions in the present case are clearly inconsistent with her testimony before the Pension Board. … To establish a claim under section- 1981, a plaintiff may proceed under either, the direct or indirect method of proof.

Knauerhaze v. Nelson

Appellate Court of Illinois · Sep 19, 2005

Nelson's testimony clearly established evidence through which the jury could conclude that Dr. Allen breached his duty of care. Moreover, Dr. Nelson testified that Dr. … We therefore find that Knauerhaze has failed to meet his burden of "clearly establishing [a] constitutional violation." Bernier , 113 Ill. 2d at 227 , 497 N.E.2d at 767.

Grimson v. Immigration & Naturalization Service

934 F. Supp. 965 · District Court, N.D. Illinois · Jul 1, 1996

The Director determined that plaintiff had failed to present evidence that four years in the NHL as an enforcer qualified as a sustained career. … He clearly states that he is familiar with plaintiff and the other enforcers in the league, and gives a basis for his opinions.

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

Kramer v. Milner

203 Ill. Dec. 118 · Appellate Court of Illinois · Aug 8, 1994

Shorey, plaintiff’s expert, stated that the surveys did establish the standard of care. Dr. Golomb, defendant’s expert, stated they did not establish the standard of care. … Two qualified experts on opposing sides of litigation, viewing the same injury, invariably reach different conclusions as to causation.

People v. Gray

47 Ill. App. 3d 1026 · Appellate Court of Illinois · Apr 14, 1977

Defendant maintains that at most the evidence established that he was present at the scene of an attempted burglary, and then fled, conduct which does not establish his accountability for the crime. … When a witness has been impeached by proof that he has made a prior inconsistent statement, he may bring out all of that prior statement to qualify or explain the inconsistency. (People v.

Thies v. State Board of Elections

124 Ill. 2d 317 · Illinois Supreme Court · Sep 22, 1988

The trial court concluded that article VI, section 7(a), of the Illinois Constitution prohibits the election of circuit judges in the manner established by Public Acts 85 — 866 and 85 — 903. … However, it would seem logical that under section 11, if the unit that selects the judge is the circuit, then any person otherwise qualified who lives anywhere in the circuit is qualified.

Esquivel v. Retirement Board of the Policemen's Annuity and Benefit Fund

2011 IL App (1st) 111010 · Appellate Court of Illinois · Dec 9, 2011

the rule of law as applied to the established facts is or is not violated. … A mixed question of law and fact is reviewed under the clearly erroneous standard.

Illinois Central Railroad v. Rothschild

134 Ill. App. 504 · Appellate Court of Illinois · Jun 1, 1907

or not he has established the averments of those which aver particular acts of negligence. … Such of the rulings as were erroneous could not have prejudiced appellant for the reason that under the foregoing views its liability was clearly established by the uncontroverted facts.

People v. Travis

2024 IL App (3d) 230113 · Appellate Court of Illinois · Apr 19, 2024

¶ 13 A trier of fact may make reasonable inferences from the established facts of the case (People v. … “The party challenging the constitutionality of a statute bears the burden of rebutting this presumption and clearly establishing a constitutional violation.” People v.

Ball v. Village of Streamwood

281 Ill. App. 3d 679 · Appellate Court of Illinois · Mar 27, 1996

In the instant action, a difference clearly exists between those taxed (those relocating outside the Village) and those not taxed (those remaining in the Village). … Were we to accept the Village’s argument, only those residents who qualify for the exemption would be capable of challenging it.

People v. Hernandez

2016 IL 118672 · Illinois Supreme Court · Jun 24, 2016

Davis, 199 Ill. 2d 130, 141 (2002) (holding a BB/pellet gun did not qualify as a ‘bludgeon’ under the armed violence statute); see also People v. Myers, 101 Ill. … Here, although the position taken by the State at trial was clearly factual, its position before the court in postconviction proceedings was one of law. ¶ 19 This case began with the State securing an indictment

Stevens v. Navistar International Transportation Corp.

244 F. Supp. 2d 906 · District Court, N.D. Illinois · Oct 23, 2002

Plaintiffs lifting restrictions clearly do not qualify as a substantial limitation on working. See Contreras v. … Without a disability, Stevens fails to establish the first element of an ADA claim.

Misch v. Russell

12 L.R.A. 125 · Illinois Supreme Court · Jan 22, 1891

appeared and answered, alleging that said County Court had no jurisdiction of the subject matter of said petition or power to hear and determine the matters therein set forth, but admitting that said Misch was properly qualified … Their intention to vote for him for president of said board appeared clearly and unmistakably upon the face of the ballots, and said votes should have been counted for him for that office.

Tay v. Baldwin

District Court, S.D. Illinois · May 1, 2020

To state a failure to accommodate claim, a plaintiff must establish that: (1) she is a qualified individual with a disability; (2) the defendants were aware of her disability; and (3) the defendants failed to reasonably … Defendant bears the burden of establishing that the transferee forum is “clearly more convenient.” Coffey v. Van Dorn Iron Works, 796 F.2d 217, 220 (7th Cir.1986).