Case law

Ford v. Blagojevich

282 F. Supp. 2d 898 · District Court, C.D. Illinois · Sep 15, 2003

In Abitbol , the Oklahoma Governor appointed an acting district attorney, until a permanent one was “appointed and qualified or elected and qualified, whichever occurs earlier.” Id. at 336 . … The Oklahoma Supreme Court noted that Oklahoma law clearly mandated that upon resignation of a district attorney, the Governor, “ ‘shall appoint a qualified person to serve the balance of the unexpired term’ of the office

People v. Rhoades

74 Ill. App. 3d 247 · Appellate Court of Illinois · Jul 12, 1979

Clearly, once the officer observed what he reasonably believed to be cannabis, probable cause existed to arrest defendant. … Since the evidence in question was clearly shown to consist in part of cannabis, the statutory definition was met.

Nash v. Cooney

108 Ill. App. 211 · Appellate Court of Illinois · May 28, 1903

As has been stated, the plea was the general issue, which is a denial of all the plaintiff’s case, and required the plaintiff to prove her case by a preponderance of the evidence, and in this regard the burden was clearly … We are not aware that it has ever been questioned, doubted, limited or qualified. It lies at the very foundation of justice and is indispensable to its attainment.”

Dienes v. Holland

64 Ill. App. 3d 109 · Appellate Court of Illinois · Sep 13, 1978

Rodriguez, who the record discloses has difficulty with the language, did not clearly testify whether he intended to remain at Carey indefinitely. … Turning to the present case, we must keep in mind certain well-established rules of statutory construction.

Milhime v. Brown

District Court, S.D. Illinois · Aug 21, 2025

Any portion of the Complaint that is legally frivolous, malicious, fails to state a claim for relief, or requests money damages from an immune defendant must be dismissed. 28 U.S.C. § 1915A(b). … A TRO may issue without notice only if (A) specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can

People v. Hutchinson

2013 IL App (1st) 102332 · Appellate Court of Illinois · Jan 21, 2014

Id. ¶ 22 In this case, Parker Little was qualified to provide the necessary foundational testimony for the admission of defendant’s blood alcohol report. … The statute clearly allows that “results of chemical tests performed upon an individual’s blood are admissible into evidence regardless of the time that the records were prepared.” 625 ILCS 5/11-501.4(a)(3)

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.

Katsiavelos v. Federal Reserve Bank of Chicago

859 F. Supp. 1183 · District Court, N.D. Illinois · Jul 21, 1994

That statute defines an executive agency as “an Executive department, a Government corporation, and an independent establishment.” Clearly, the FRBC is not an executive department. … They act with sufficient independence under private ownership and control such that they do not qualify as government corporations or independent establishments.

State Farm Fire & Casualty v. Martin

Appellate Court of Illinois · May 6, 1998

While his participation in the crimes resulting in death was obviously criminal, it does not clearly follow that Martin expected or intended the deaths. See Taylor v. … The record establishes that Martin did not foresee the deaths or intend any bodily injury or death.

S.O.S. Co. v. Bolta Co.

117 F. Supp. 59 · District Court, N.D. Illinois · Oct 7, 1953

It appears from the briefs that this corporation is qualified! to do business in Illinois. … Chicago, it clearly would not be doing business in Illinois within the purview of the Act governing foreign corporations or so as to justify the service of process in the state.

People v. Lawler

194 Ill. App. 3d 547 · Appellate Court of Illinois · Feb 28, 1990

While statements qualifying under this rule may also be admissible as a spontaneous declaration, statements by the victim as to what occurred, which are made at a time too remote to qualify as a spontaneous declaration, or … As the facts indicate, the instant case clearly hinged on the credibility of defendant and the victim.

Stubbs v. Cunningham

District Court, S.D. Illinois · Sep 28, 2020

Officer Bowker is not entitled to qualified immunity because it was clearly established at the relevant time that a prison official may violate the Eighth Amendment by ignoring a plaintiff’s complaints of pain and request … Officer Johnson is not entitled to qualified immunity because it was clearly established at the relevant time that a prison official may violate the Eighth Amendment by ignoring a plaintiff’s complaints of pain and request

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.

Bruss v. Przybylo

Appellate Court of Illinois · Sep 26, 2008

Illinois has its own constitutional protection of free exercise and prohibition of establishment. See Ill. … The court refused, holding that the abstention doctrine "presupposes that the religious organization itself has acted before immunizing the decision from judicial review." Vann, 452 F. Supp. 2d at 655.

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

Illinois Central Railroad v. Franklin County

387 Ill. 301 · Illinois Supreme Court · Sep 19, 1944

Clearly, this including clause enlarged rather than detracted from that which preceded it. … They can be set aside only when it is clearly apparent that such orders are arbitrary or unreasonable or directly contravene some established rule of law.

Hodge v. State

35 Ill. Ct. Cl. 50 · Court of Claims of Illinois · Jul 29, 1981

Johansen qualifies as a highway design expert. … Clearly, the State must use reasonable care in its maintenance of roadways. However, that is not the question in this case.

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)”).

The PEOPLE v. Armstrong (Sumlin)

41 Ill. 2d 390 · Illinois Supreme Court · Jan 29, 1969

Alvin Adams, an acquaintance of defendants, refused to testify until granted immunity from any prosecution except perjury. … Whether consent has been given in a particular case is a factual question to be determined in the first instance by the trial court, and where the evidence is in conflict this court will accept the finding below unless it is clearly

Thompson v. Illinois Department of Human Services

2024 IL App (1st) 221002 · Appellate Court of Illinois · Sep 27, 2024

On her voicemail, he left a message indicating that the case did not qualify for a reopen request and that a new application would have to be filed. … A finding is against the manifest weight only if the opposite conclusion is clearly evident. Parikh, 2014 IL App (1st) 123319, ¶ 28.