Case law

Equal Employment Opportunity Commission v. Rinella & Rinella

401 F. Supp. 175 · District Court, N.D. Illinois · Jul 22, 1975

The defendant does not qualify as an employer engaged in an industry affecting interstate commerce. b. The defendant has not continuously employed fifteen (15) or more persons. 2. … These various factors establish that Rinella & Rinella indeed affects interstate commerce and, accordingly, is subject to the proscriptions of Title VII. III. PROCEDURAL CHALLENGES A.

Brems v. Trinity Medical Center

Appellate Court of Illinois · Apr 3, 1998

The report must clearly identify "the reasons for the reviewing health professional's determination that a reasonable and meritorious cause for the filing of the action exists ***." 735 ILCS 5/2-622(a)(1) (West 1994). … The report indicates that the reviewing physician was a qualified health professional meeting the requirements of section 2-622, and that he had reviewed the medical records and other relevant matters pertaining to this case

Thurmond v. Monroe

235 Ill. App. 3d 281 · Appellate Court of Illinois · Sep 14, 1992

App. 3d at 822 (and the cases cited therein)), they have done so where the proffered expert was deemed qualified to testify. … Here, we believe counsel for plaintiffs clearly laid the proper foundation when plaintiff Barbara testified that the photograph was an accurate representation of the Blazer when she saw it after the accident.

Starks v. City of Waukegan

946 F. Supp. 2d 780 · District Court, N.D. Illinois · May 21, 2013

But in the “Facts” section of his complaint, Doc. 95 at ¶¶ 10-60, Starks states quite clearly what each individual defendant is alleged to have done, as can be seen from the account of the factual allegations given above. … The misconduct described in this Count was committed intentionally, willfully, and/or with reckless or deliberate indifference to Plaintiff’s clearly established constitutional rights. Doc. 95 at ¶¶ 70-72.

Farris v. Kohl

District Court, C.D. Illinois · Sep 29, 2023

Qualified immunity insulates public employees from liability for money damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … clearly established at the time of defendant's alleged misconduct.”

Knox College v. Department of Revenue

169 Ill. App. 3d 832 · Appellate Court of Illinois · May 16, 1988

Thereafter, a formal administrative hearing was held after which the administrative law judge held that the college had failed to establish that the fraternity houses were actually used exclusively for educational purposes … Where a conclusion opposite to that of the agency’s is ‘clearly evident’ from the evidence, a court must overturn the agency’s factual finding. [Citations.]” Thompson v. Board of Review (1983), 120 Ill.

National People's Action v. City of Blue Island

594 F. Supp. 72 · District Court, N.D. Illinois · Apr 11, 1984

Prior authorities ... clearly establish that charitable appeals for funds, on the street or door to door, involve a variety of speech interests — communication of information, the dissemination and propagation of views and … The Arnett Court was clearly influenced by the ability of these aids to alleviate any misunderstandings of the statutory language.

Gale v. Williams

299 Ill. App. 3d 381 · Appellate Court of Illinois · Aug 31, 1998

A motion to dismiss should only be granted where it clearly appears that no set of facts can be proved that will entitle plaintiff to recover. Ogle v. Fuiten, 102 Ill. 2d 356 , 466 N.E.2d 224 (1984). … No facts were introduced that would establish any duty owed by defendant attorney to plaintiff or that plaintiff was the intended beneficiary of the attorney-client relationship.

Board of Trustees v. Taylor

114 Ill. App. 3d 318 · Appellate Court of Illinois · Apr 25, 1983

Trainees in the program must qualify under CETA income level requirements and are evaluated and recruited by the Illinois Job Services Department. … The Act established that tenured status may be achieved by faculty members within all of the State’s community colleges.

In re Illinois Bell Switching Station Litigation

234 Ill. App. 3d 457 · Appellate Court of Illinois · Jun 30, 1992

It is never proper for a court to depart from plain language by reading into a statute exceptions, limitations or conditions which conflict with the clearly expressed legislative intent. [Citations.]” (Emphasis added.) … At the very least, Bell ought not to be heard to complain about the difficulties of plaintiffs’ proof, for it is their burden, and not Bell’s, to establish the existence and extent of their damages.

Wodziak v. Kash

278 Ill. App. 3d 901 · Appellate Court of Illinois · Mar 22, 1996

to establish that Dr. … McMahan’s expert witness was "clearly” based on a false assumption because it was incompatible with the testimony of another expert.

Village of Oak Park v. Village of Oak Park Firefighters Pension Board

362 Ill. App. 3d 357 · Appellate Court of Illinois · Nov 7, 2005

His hearing loss condition is permanent and he would therefore not be expected to qualify to wear a respirator and perform firefighting duties in the future.” … However, neither dissenter discussed whether Weidler was, in any event, disabled and would therefore qualify for a nonduty disability pension.

Burton v. Great Western Steel Co.

833 F. Supp. 1266 · District Court, N.D. Illinois · Aug 24, 1993

Clearly it is the responsibility of the IDHR to investigate the charges and contact complainants when necessary. … To state a prima facie case and survive a motion for summary judgment, plaintiff must establish that he is qualified for the open position. He has not done so.

People v. Phelps

329 Ill. App. 3d 1 · Appellate Court of Illinois · Mar 29, 2002

The prosecution argued that the court’s interpretation of section 5—8—4 “leads to an absurd result because only those Class X or Class 1 felonies in which severe bodily injury is an inherent factor will qualify as triggering … But the legislature establishes standards applicable to all punishments and not merely for individual sentences.

Faith Builders Church, Inc. v. Department of Revenue

378 Ill. App. 3d 1037 · Appellate Court of Illinois · Feb 7, 2008

The Department could also reasonably find that the child-care center and preschool were not exempt as “schools” because neither of them offered an established, commonly accepted program of academic instruction. … It is beyond dispute that, under the case law, religious instruction qualifies as a religious purpose. Evangelical Teacher Training Ass’n, 118 Ill.

Hess v. Killebrew

209 Ill. 193 · Illinois Supreme Court · Apr 20, 1904

For the purpose of establishing the mental capacity of the testator proponents took the testimony of twenty-nine witnesses, and on this question twenty-six witnesses testified on behalf of contestants. … The chancellor who presides at the trial of a question of fact before a j ury must necessarily observe the appearance and demeanor of the witnesses upon the stand for the purpose of qualifying himself to pass upon a motion

Kellerman v. MCI Telecommunications Corp.

134 Ill. App. 3d 71 · Appellate Court of Illinois · Jun 3, 1985

Case law has clearly established that a denial of a motion to stay is appealable as of right under Supreme Court Rule 307(a)(1). (Metropolitan Sanitary District v. United States Steel Corp. (1975), 30 Ill. … Since the trial court clearly had jurisdiction to hear these cases, an alternative ground for reversal must be found if the trial court’s ruling on the motion to stay is to be overturned.

Carey-Lombard Lumber Co. v. Jones

187 Ill. 203 · Illinois Supreme Court · Oct 19, 1900

established to the whole of the premises, to the same extent as though the agreement under which the lumber was furnished had been made with the owner himself. … It is urged, however, that the authority given by this lease was, at most, but a limited or qualified authority, and therefore not within the meaning of the statute.

Mayorov v. United States

84 F. Supp. 3d 678 · District Court, N.D. Illinois · Mar 23, 2015

The sentencing judge recommended, however, that Mayo-rov participate in Illinois’ “impact incarceration program,” a program that sends qualified individuals to boot camp for 120 days in lieu of prison confinement. … Miller clearly believed that an immigration officer would “take this memorandum under consideration prior to issuing an immigration detainer” if available information suggested that the person to be detained was a United

Orsolini v. Zoning Board of Appeals

58 Ill. App. 3d 435 · Appellate Court of Illinois · Mar 8, 1978

same district as the non-conforming use, which presentiy, occupies the building or structure or to a use permitted in a more restrictive district * # Plaintiff’s building, a factory building in an area zoned residential, qualifies … In contrast, section 7.4—7 of the present ordinance clearly permits the substitution of a similar, though not identical, use as long as it falls within the same or a less intensive zoning classification.