Case law

Official Committee of Unsecured Creditors of Crystal Medical Products, Inc. v. Houpt (In Re Crystal Medical Products, Inc.)

240 B.R. 290 · United States Bankruptcy Court, N.D. Illinois · Oct 29, 1999

qualifies for protection from avoidance under § 547(c)(1). … Clearly, paying a supplier of products or services used in the everyday business qualifies as the ordinary course of business of the debtor. The issue is less clear, however, when more unusual situations are involved.

People v. Olsson

354 Ill. Dec. 613 · 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.) … construing a statute 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

People v. Linda B. (In Re Linda B.)

91 N.E.3d 813 · Illinois Supreme Court · Sep 21, 2017

This exception must be construed narrowly and established by a clear showing of each criterion. Andrew B., 237 Ill. 2d at 347. … In order to establish untimely filing of the May 9 petition, respondent had to establish that her initial period of hospitalization and psychiatric treatment was involuntary.

Klein v. Department of Registration & Education

412 Ill. 75 · Illinois Supreme Court · Mar 20, 1952

Chief Justice Daily delivered the opinion of the court: Appellee, Robert Klein, a duly qualified, registered and practicing optometrist, instituted this action in the superior court of Cook County against the Department of … The act here clearly defines the practice of optometry and operates equally and uniformly upon all brought within that relation and circumstance.

Daniels v. Brooks

377 Ill. 44 · Illinois Supreme Court · Jun 17, 1941

The complaint alleges that the deed made by the executor is void for certain irregularities in his qualifying, but this is not‘argued in the brief. The will of Stephen E. … Other propositions are argued, but we deem it unnecessary to discuss them in this opinion, as the foregoing establishes clearly that the decree of the circuit court of Marion county was correct.

Coursey v. Board Fire & Police Com'rs of Skokie

90 Ill. App. 2d 31 · Appellate Court of Illinois · Nov 30, 1967

That Coursey violated a departmental rule and that the violation was serious was established by the evidence. … Board of Fire and Police Com’rs, 28 Ill App2d 435, 172 NE2d 33 (1961)) and that an officer’s refusal to sign an immunity waiver before testifying before a grand jury is ground for dismissal (Drury v.

Shared Imaging, LLC v. Hamer

2017 IL App (1st) 152817 · Appellate Court of Illinois · Nov 9, 2017

Jan. 1, 2016). ¶ 19 Appellants have the burden of establishing appellate jurisdiction. U.S. Bank National Ass’n v. IN Retail Fund Algonquin Commons, LLC, 2013 IL App (2d) 130213, ¶ 24. … App. 3d 539, 544 (2011) (citing numerous cases holding that the phrase “final and appealable” does not qualify as a Rule 304(a) finding).

Woods v. SOUTHWEST AIRLINES, CO.

523 F. Supp. 2d 812 · District Court, N.D. Illinois · Oct 18, 2007

The holding of Thompson clearly bars the Stearneys’ claim that the January 2006 agreement is enforceable. … qualified in a particular matter.

Mitchell v. Cook County Officers Electoral Board

399 Ill. App. 3d 18 · Appellate Court of Illinois · Mar 5, 2010

The Board conscientiously considered those objections and took appropriate curative action based upon established decisional law. … Consequently, this matter was clearly not before the Board at the outset.

Scanlan v. Kirby

230 Ill. App. 505 · Appellate Court of Illinois · Sep 7, 1923

Kirby, who were named as executors and trustees of his last will and testament, his will was admitted to probate in the probate court of said Kane county and letters testamentary issued to the said executors, who qualified … After an examination of all of the questions raised in this case, we are clearly of the opinion, and the conclusion is irresistible, that the testator had in mind to establish a public bathhouse for the benefit of the citizens

People v. Calkins

96 Ill. App. 3d 74 · Appellate Court of Illinois · May 5, 1981

The proof clearly established that the respondent mother had a 14-year history of emotional problems. It is undisputed that she interfered with the minor’s medical treatment after the child’s third operation. … This rule, however, is tempered and qualified by the law as related in the case of In re Brooks (1978), 63 Ill. App. 3d 328 , 379 N.E.2d 872 .

Raab v. Frank

2019 IL App (2d) 171040 · Appellate Court of Illinois · May 16, 2019

However, the record clearly reveals that they were not aware of any such problem. ¶ 36 We also find Frank’s reliance on McKee v. Trisler, 311 Ill. 536 (1924), to be misplaced. … The fence agreement establishes that relationship between the Grossens and Frank. ¶ 47 III.

Walker v. State Board of Elections

65 Ill. 2d 543 · Illinois Supreme Court · Nov 15, 1976

Each member of the Board shall serve until his successor is duly appointed and has qualified.” (Ill. Rev. Stat. 1973, ch. 46, par. 1A—3.) … In our view, that directive envisioned the establishment of a strong executive agency.

Jane Doe v. McHenry County College

District Court, N.D. Illinois · Aug 9, 2019

First, the individual Defendants argue that they are entitled to qualified immunity. “The qualified immunity doctrine provides defendants immunity from suit, not just a defense to liability.” Sebesta v. … Specifically, Defendants contend that “there is no clearly established right to continued education at a public community college, nor is there a clearly established right to follow a particular career.” [Id.]

People v. Brown

407 Ill. 565 · Illinois Supreme Court · Nov 27, 1950

From this it appears the legislature was of the opinion that though a licensed journeyman plumber is qualified to follow his trade, as that trade is defined in the act, he is not qualified to judge the merits or demerits … This will be true even though the times to be served and the instruction may differ materially in many vital respects, even to the extent of establishing two totally irreconcilable standards of instruction to qualify persons

People v. Miller

2014 IL App (2d) 120873 · Appellate Court of Illinois · Jun 17, 2014

The court went on to note that defendant would not qualify for first-offender probation because the court “did not think that it would be a proper case for that.” ¶ 11 Defendant moved the court to reconsider … Such facts clearly showed that, unlike the informant in Sparks, Jordan had witnessed defendant engaging in criminal activity.

Teresi v. Department of Employment Security

2022 IL App (3d) 190560 · Appellate Court of Illinois · Jan 19, 2022

Mixed questions of fact and law— those where the historical facts are admitted or established and the sole question involves whether the facts satisfy the statutory standard—may be reversed only when clearly … A clearly erroneous decision leaves the reviewing court “with the definite and firm conviction that a mistake has been committed.”

United States v. Fifer

188 F. Supp. 3d 810 · District Court, C.D. Illinois · May 18, 2016

Further, the Court adopts the facts and findings of its previous opinion denying the Defendant’s motion and holds that the Defendant did not satisfy his burden of establishing that he could not “obtain a fair trial” without … The Court Did Not Err By Qualifying the Government’s Expert Witnesses. The Defendant next argues that the Court erred by qualifying Ellen Price and Michael Mitchell as experts.

Payne v. United States (In Re Payne)

188 A.L.R. Fed. 649 · United States Bankruptcy Court, N.D. Illinois · Oct 3, 2002

. § 7502 1 which allows a *723 postmark to establish the filing date of a tax return which is mailed before the tax filing deadline. … Clearly, Congress did not intend such a result when it enacted § 7502 to alleviate the inequities caused by disparate postal systems. Miller, 784 F.2d at 730 (§ 7502 is remedial statute).

Kuns v. Robertson

154 Ill. 394 · Illinois Supreme Court · Jan 15, 1895

Any other rule would be productive of the greatest inconvenience, and ought not to be adopted unless the legislative will to that effect is clearly expressed.” … In all such cases, however, “the trust and abuse of it must be clearly established, in accordance with the rules by which courts are governed in administering justice.” (Happy v. Morton, 33 Ill. 398 .)