Case law

Gillespie v. Norfolk & Western Railway Co.

3 Ill. App. 3d 779 · Appellate Court of Illinois · Feb 7, 1972

He testified that the maximum speed the train could travel as established by the railroad company was 78 miles per hour and as established by the Interstate Commerce Commission was 79 miles per hour. … Hence, there could be no reversible error even had he qualified as a witness properly able to be called under Section 60. (See 35 ALR.2d 759 in discussing Federal Rule 43(b) after which Section 60 was modeled.)

Gambling v. Cornish

412 F. Supp. 243 · District Court, N.D. Illinois · Mar 4, 1975

Count I of the Complaint relates, in pertinent part, as follows: Defendants George Cornish and Stephen Webster, at all times relevant to this Complaint, were duly appointed, qualified and acting police officers of the City … Bruno is clearly distinguishable from the case at bar. In Kenosha v.

People Ex Rel. Kilquist v. Brown

203 Ill. App. 3d 957 · Appellate Court of Illinois · Sep 18, 1990

Section 7 duties of the merit commission are qualified by the phrase “pursuant to recognized merit principles of public employment.” … To encourage their application and retention, qualified personnel are assured of tenure in their positions. (Fahey, 21 Ill. App. 3d at 586 , 315 N.E.2d at 578 .)

People Ex Rel. Adamowski v. Public Building Commission

11 Ill. 2d 125 · Illinois Supreme Court · Mar 20, 1957

does not destroy the public purpose, so long as the private benefit does not clearly dominate the public use. … The limitations contained in the sections show clearly that a commission is given no discretion as to what the law shall be, but only some discretion as to its execution which must be exercised under and in pursuance of the

Cunningham v. Retirement Board of the Firemen's Annuity & Benefit Fund

389 Ill. App. 3d 1065 · Appellate Court of Illinois · Apr 23, 2009

a new principle of law either (a) by overruling past precedent or (b) by deciding an issue of first impression the resolution of which was not clearly foreshadowed. … deciding an issue of first impression whose resolution was not clearly foreshadowed.

Musa-Muaremi v. Florists' Transworld Delivery, Inc.

270 F.R.D. 312 · District Court, N.D. Illinois · May 13, 2010

The work product doctrine, established in Hickman v. … FTD has not established that its withheld documents were prepared because of the prospect of litigation. C.

Decker v. Domino's Pizza, Inc.

268 Ill. App. 3d 521 · Appellate Court of Illinois · Dec 30, 1994

These facts clearly demonstrate that defendant undertook to do more than just provide a time-delay safe to its franchisees. … Ill Defendant next argues that the trial court erred in failing to strike the testimony of plaintiff’s expert, because plaintiff failed to establish that the expert was qualified to render his opinion.

In re N.W.

293 Ill. App. 3d 794 · Appellate Court of Illinois · Dec 12, 1997

Instead, respondent objected solely on the grounds that the State failed to establish an adequate foundation supporting the reliability of the records. … Smith to establish the necessary indication of trustworthiness and reliability necessary to satisfy the underlying purpose of the business records exception. Based upon People v.

Jefferson Ice Co. v. Industrial Commission

404 Ill. 290 · Illinois Supreme Court · Nov 22, 1949

The established rule is that it is the province of the 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.

Illinois Institute for Continuing Legal Education v. United States Department of Labor

545 F. Supp. 1229 · District Court, N.D. Illinois · Aug 27, 1982

Plaintiff claims the volume qualifies as an “agency record” under two separate theories. … The transition staff is clearly not in the control of the incumbent President; it answers only to the President-elect.

Hoskins v. Walker

57 Ill. 2d 503 · Illinois Supreme Court · Jul 1, 1974

It cannot be seriously contended that the disqualifications will cause any difficulty in finding qualified persons to sit on the State Board of Education. … The constitutional convention’s Committee on Education clearly considered that a system of regional representation might be based on existing judicial or congressional districts.

People v. Illinois Commerce Commission

2011 IL App (1st) 100654 · Appellate Court of Illinois · Sep 30, 2011

Although the Commission accepted Hoover’s testimony that the plans were designed to attract and retain highly qualified and motivated employees, the Commission determined such reasoning did not demonstrate a … The court held such action clearly conflicted with fundamental principals of ratemaking in Illinois. Id. at 207.

Connecticut Mutual Life Insurance v. Young

77 Ill. App. 440 · Appellate Court of Illinois · Aug 31, 1898

In this case the application is clearly a part of the insurance contract; so clearly agreed and stated in the application, and so clearly recited in the first clause of the policy, and a copy of it embraced therein as part … There is no qualifying, limiting or superseding clause either in the application or in the policy, as was the case in Continental Life Ins. Co. v.

Wynkoop v. Cowing

21 Ill. 570 · Illinois Supreme Court · Apr 15, 1859

The scope of the bill is, to establish the transaction between complainant and Cowing as a mortgage, notice of which, Bull, who is made defendant with Cowing, is alleged to have possessed, when he purchased of Cowing. … It is done, too, in language not susceptible of two meanings, and clearly shows that the first contract was one of purchase and not of loan.

Hoskins v. Swisher

District Court, S.D. Illinois · Mar 22, 2023

Qualified Immunity IDOC Defendants include a blanket qualified immunity argument in their motion. 3 It is not clear if Plaintiff lost any good conduct … For these reasons, Defendants Wall, Swisher, and Justice are not entitled to qualified immunity.

Chicago Recycling Coalition v. City of Chicago Department of Streets & Sanitation

2023 IL App (1st) 220154 · Appellate Court of Illinois · Aug 11, 2023

The affidavit clearly establishes a systematic method of organizing and storing the third-party private hauler reports that the Department receives and that a search of the specific folder is reasonably likely to contain … Assuming that the data qualifies as a public record, the Department contends that Sauve’s affidavits establish that it does not keep this type of data for the recycling zones it services and that CRC has not presented any

Gaytan v. Kapus

181 F.R.D. 573 · District Court, N.D. Illinois · Sep 2, 1998

Gaytan offered no evidence of lack of probable cause to support a false arrest claim, that he was entitled to qualified immunity on the false arrest claim, and that Mr. … Those CR’s were clearly within the scope of Mr.

Napoli v. Sears, Roebuck & Co.

858 F. Supp. 101 · District Court, N.D. Illinois · Jul 14, 1994

On May 3, 1993, Na-poli moved for partial summary judgment, seeking to establish her sole ownership of a valid and enforceable copyright for the System. … Under this exception, a party who makes a “significant contribution” to a copyrightable work may qualify as a joint author even if her contribution was not independently copyrightable.

Nellis v. Service Web Offset Corp.

695 F. Supp. 398 · District Court, N.D. Illinois · Sep 15, 1988

Here the short answer is that Nellis was eminently qualified both by experience and education for both jobs. … Out of an abundance of caution, however, another issue that clearly relates only to the second and third steps of the McDonnell Douglas framework will also be examined.

Hourihan v. Folsom

196 F. Supp. 534 · District Court, N.D. Illinois · May 20, 1958

It is *537 the opinion of the Referee that Congress in using the language, ‘any substantial gainful activity’ clearly intended a test of greater severity * * *. … Only those individuals who are totally disabled by illness, injury, or other physical or mental impairment which can be expected to be of long continued and indefinite duration may qualify for the freeze * * “There are two