Case law

Packard Motor Car Co. v. Overland Motor Co.

28 F.2d 306 · District Court, N.D. Illinois · Apr 11, 1928

But the ruling is not pregnant with an implication that the teeth, or polygons, may be transformed into immune “flanges” and “bolts.” … The conclusion is that the plaintiff has established its right, and the defendant’s invasion, clearly.

People v. Morris

219 Ill. 2d 373 · Illinois Supreme Court · Apr 20, 2006

In contrast, the State noted, defendant’s clemency order states only that defendant’s sentence is commuted, without any further qualifying language. … In this case, the former Governor’s speech clearly set forth the reasons for the clemency orders, the evils sought to be remedied, and the purpose the clemency orders were meant to achieve.

People v. Maiden

210 Ill. App. 3d 390 · Appellate Court of Illinois · Mar 1, 1991

Consequently, the evidence clearly established that defendant Rayford controlled the premises where the contraband was discovered. … In the case at bar, the trial court’s denial of defendant’s motion to suppress was not clearly erroneous.

Frank v. Teachers Insurance & Annuity Ass'n of America

47 Ill. App. 3d 821 · Appellate Court of Illinois · Mar 28, 1977

CREF was established by a special act of the New York Legislature in 1952. Employee contributions, matched or exceeded by employers, now fund the purchase of annuity contracts. … plaintiff, who did not each constituted a separate “class”, and that accordingly, the plaintiff could only represent the class of those who did not so qualify, (2) that as regards those annuitants who qualified under the

Dean v. Smith

2017 IL App (1st) 170404 · Appellate Court of Illinois · Nov 9, 2017

He also sought to add a request to otherwise declare the April 4 election void and establish a special election. … An agency’s application of undisputed law to established facts presents a mixed question of fact and law that is reviewed under the “clearly erroneous” standard.

Ajster v. Towne

District Court, N.D. Illinois · Jul 19, 2018

That said, the existence of a court order authorizing the eavesdropping almost certainly will entitle the defendants to qualified immunity on Count 1—unless, as Ajster seems to suggest in her response to the motion to dismiss … Defendants should consider asserting this defense by way of a motion for judgment on the pleadings—which will require them to answer the remaining claims in the complaint, assert qualified immunity in their answers, and

Hunter Corp. v. Industrial Commission

86 Ill. 2d 489 · Illinois Supreme Court · Oct 21, 1981

The record does not show whether the claimant might be qualified for some other remedial or vocational training. … It clearly shows that the claimant was awarded 82 4/7 weeks of temporary total disability.

Wickersheim v. Broderick

2026 IL App (1st) 242195 · Appellate Court of Illinois · Jun 22, 2026

However, the documents were not clearly so on their face. … It would clearly be inappropriate and outside the scope of our jurisdiction to address any ruling involving Cognac.

Pommier v. Jungheinrich Lift Trick Corp.

2018 IL App (3d) 170116 · Appellate Court of Illinois · Jul 31, 2018

Manufacturers have no duty to design foolproof products immune from all possible accidents. Flaugher v. Sears, Roebuck & Co., 61 Ill. … Clearly, defendants intended to prohibit operators from maintaining or modifying the jack’s braking system.

Weiland v. Telectronics Pacing Systems, Inc.

302 Ill. App. 3d 175 · Appellate Court of Illinois · Dec 11, 1998

Justice Stevens further noted that preemption of all state common law causes of action would have the “perverse effect of granting complete immunity from design defect liability to an entire industry that, in the judgment … State requirements of “general applicability” are not preempted except where they have “the effect of establishing a substantive requirement for a specific device.” 21 C.F.R § 808.1(d)(6)(ii) (1995); Medtronic, Inc., 518

Budka v. Board of Public Safety Commissioners

120 Ill. App. 3d 348 · Appellate Court of Illinois · Dec 14, 1983

Approximately seven months later, while in his probationary period, plaintiff established a residence in Rosemont. On September 22, 1977, plaintiff established residence in Schaumburg. … The court found that the statutory language referring to “eligible” persons established preemployment qualifications but did not establish a residency requirement.

Land v. Board of Educ. of City of Chicago

325 Ill. App. 3d 294 · Appellate Court of Illinois · Aug 27, 2001

Based upon this unequivocal language, we find that the legislature clearly empowered the Board to lay off “employees.” … See Webster’s Third New International Dictionary 1955 (1981) (defining “right” as “a power, privilege, or immunity vested in one (as by authority or social custom)”).

Beahringer v. Roberts

334 Ill. App. 3d 622 · Appellate Court of Illinois · May 21, 2002

Count V claimed that both letters were returned to him with a notice that they must be delivered unsealed because they did not qualify as “legal mail.” … To prove the plaintiff is entitled to injunctive relief, he is required to establish by a preponderance of the evidence that (1) he possesses a certain and clearly ascertainable right which needs protection, (2) he would

Mele v. Howmedica, Inc.

Appellate Court of Illinois · Mar 15, 2004

Moreover, the section provides manufacturers with virtual immunity from liability for all medical products. … Several courts have noted that the comment requires proof of negligence if the product qualifies as unavoidably dangerous. E.g., Rogers v.

Gomuluch v. Ameritech

48 F. Supp. 2d 785 · District Court, N.D. Illinois · May 3, 1999

, or may reasonably become qualified, based on training, education or experience.” … Johnson’s communication— combined with the letter’s explanation that disability could not be established beyond July 1996 because Gomoluch had failed to submit any medical documentation after this time-—clearly put Gomoluch

Klose v. Mende

329 Ill. App. 3d 543 · Appellate Court of Illinois · Dec 7, 2001

At a minimum, however, a valid order needs to incorporate as much of the survey as necessary to clearly indicate the courses and distances of the route of the road and the land over which it passes. … The common and ordinary use establishing the right to an easement by prescription limits and qualifies it so that it cannot be given to different uses and purposes.

Evangelical Hospitals Corp. v. Department of Revenue

223 Ill. App. 3d 225 · Appellate Court of Illinois · Dec 30, 1991

ESC is a for-profit corporation and does not qualify for tax-exempt status under section 501(c)(3) of the Internal Revenue Code ( 26 U.S.C.A. §501 (c)(3) (West 1988)). … However, when ESC sold pharmaceuticals to an independent firm at a markup it was clearly not supporting charitable purposes.

Veach v. Cross

178 Ill. App. 3d 102 · Appellate Court of Illinois · Dec 30, 1988

Count X alleged the conduct previously described as a proximate cause of plaintiff’s injury resulted from the City’s failure to establish adequate rules and regulations and provide adequate training for and supervision of … Clearly, the affirmative act of requiring officers to perform in an improper manner is more wrongful than not giving them guidelines which would attempt to keep them from improper conduct.

United States v. Matthews

364 F. Supp. 3d 921 · District Court, S.D. Illinois · Jan 28, 2019

This analysis is similar to a qualified immunity analysis. Id. … Thus, evidence will be excluded where courts have clearly held that a materially similar affidavit previously failed to establish probable cause under identical facts or the affidavit is so plainly deficient that any reasonably

People v. Cortez

Appellate Court of Illinois · Jun 22, 2010

Clearly counsel had a strategy and having Martinez testify, for whatever reason, did not coincide with that strategy. … Furthermore, the autopsy report was not admitted to establish or prove some fact at trial and did not lend itself to establishing defendant’s guilt or innocence.