Case law

Willaby v. Bendersky

Appellate Court of Illinois · Jun 25, 2008

Supreme Court Rule 341(h)(7) (210 Ill. 2d R. 341(h)(7)) requires the appellant to clearly set out the issues raised, supported by relevant authority. … Westlake does not argue Nurse Cloud was not qualified or competent to state her opinion.

Mayol v. Summers, Watson & Kimpel

223 Ill. App. 3d 794 · Appellate Court of Illinois · Jan 16, 1992

An attorney’s act or omission that is an error of judgment does not necessarily establish liability for malpractice. … Given the conflicting testimony, we do not find clearly evident a conclusion opposite that reached by the jury.

McNamee v. Federated Equipment & Supply Co.

286 Ill. App. 3d 806 · Appellate Court of Illinois · Feb 13, 1997

Again, the Court decided employers were not immune from liability for contribution. … Kotecki struck a balance between competing interests of the employer, as a participant in a no-fault system of recovery, and the third-party plaintiff, who seeks to pay no more than its established fault.

People ex rel. Hanna v. Board of Election Commissioners

245 Ill. 298 · Illinois Supreme Court · Jun 16, 1910

The petition alleges that a city court was established in the city of East St. … Both of said acts provided for the election of but one judge of a city court established under their authority, and both acts provided that “the judges of such courts, respectively, shall be elected by the qualified voters

Hoem v. Zia

239 Ill. App. 3d 601 · Appellate Court of Illinois · Dec 31, 1992

We hold that the legislature clearly intended this latter interpretation. … Sullivan had not administered a stress test thus seems irrelevant to their ability to read the test results that — plaintiff claims — clearly showed signs to any qualified internist or pulmonologist that Hoem suffered from

Embraer S.A. v. Dougherty Air Tr., LLC

348 F. Supp. 3d 246 · District Court, S.D. Illinois · Dec 12, 2018

all parties in interest and that the legal and factual bases set forth establish[ed] just cause." … The timeline of events clearly establish this standard met in the present case. Dougherty sent its Revised Claim to Shuttle's bankruptcy representative on January 20, 2017. Verde Ex. 18.

Black v. Iovino

219 Ill. App. 3d 378 · Appellate Court of Illinois · Feb 15, 1991

App. 3d 237 , 511 N.E.2d 1330 , in support of his argument, the trial court in that case found that the witness did not qualify as an expert, as opposed to this case, where the witness was found to be qualified. … The evidence also established that defendant had purchased the vehicle from the dealership after it had been rebuilt.

Dorman v. Daiber

2022 IL App (5th) 220060-U · Appellate Court of Illinois · Oct 17, 2022

“Whether a defamatory statement is protected by an absolute or a qualified, or conditional, privilege is a question of law for the court.” Layne v. Builders Plumbing Supply Co., 210 Ill. App. 3d 966, 969 (1991). … “A reviewing court is entitled to have the issues on appeal clearly defined with pertinent authority cited and a cohesive legal argument presented.” Thrall Car Manufacturing Co. v. Lindquist, 145 Ill.

United States v. Oliver

468 F. Supp. 2d 980 · District Court, C.D. Illinois · Jan 8, 2007

Following this careful review, this court concludes that the Government clearly proved, beyond a reasonable doubt, that the cocaine base possessed by Defendant was in the form of “crack.” … Edwards, 397 F.3d 570, 574 (7th Cir.2005), did not change any of this well established law.

Harris v. Montag

247 Ill. App. 89 · Appellate Court of Illinois · Dec 27, 1927

Assuming the burden of establishing a debt that was garnishable, as it was required to do (Manowsky v. Conroy, 33 Ill. … The unequivocal language of the amendment clearly discloses such intent, and throughout the entire section points clearly to only “such employe” as is mentioned in the first paragraph thereof, namely, one who is the head

In re World Marketing Chicago, LLC

564 B.R. 587 · United States Bankruptcy Court, N.D. Illinois · Feb 24, 2017

The WARN Class, as the applicant, bears the burden of establishing its entitlement. Woods v. City Nat. Bank & Tr. … (supporting its holding with evidence that showed United Healthcare was clearly liquidating).

Gunn v. Sobucki

Appellate Court of Illinois · Oct 22, 2004

The appellate court concluded that the "decedent's failure to give the Harans money does not qualify as an 'event' under the Act." Smith , 273 Ill. App. 3d at 876 . … The event at issue in this case--the transfer of possession of the coin collection from Gunn to Robert-- was already established and uncontested.

Doe v. Sanchez

52 N.E.3d 618 · Appellate Court of Illinois · Mar 31, 2016

Only after a court determines that a duty exists does it address whether the Tort Immunity Act provides immunity for a breach of that duty. Id. … We have already established that a private transporter of students owes the same duty of care as a common carrier.

CARO EX REL. STATE v. Blagojevich

385 Ill. App. 3d 704 · Appellate Court of Illinois · Sep 26, 2008

ANALYSIS To establish entitlement to preliminary injunctive relief, a plaintiff must show (1) a clearly ascertainable right in need of protection, (2) that he will suffer irreparable harm without protection of that right, … More clearly, though, the trial court’s order states that plaintiffs “seek to enjoin the FamilyCare Program,” not just a portion of it.

Kraman v. Hoskinson

District Court, N.D. Illinois · Mar 12, 2018

There is no viable contention that this right was not clearly established at the relevant time. … Any reasonable police officer would understand that such conduct violated clearly established law. B.

Medow v. Flavin

336 Ill. App. 3d 20 · Appellate Court of Illinois · Nov 27, 2002

This latter clause, however, clearly relates to the former — “[Medow’s] association with Way to Go Travel was terminated on August 25, 1988[,] for theft.” … Pertinence The litigation privilege provides immunity from civil suit for defamatory statements made preliminary to or during the course of litigation so long as the defamatory matter is pertinent to the litigation.

LCCS Grp. v. A.N. Webber Logistics, Inc.

341 F. Supp. 3d 847 · District Court, E.D. Illinois · Sep 19, 2018

Allied Waste Sys., Inc. , 255 F.Supp.2d 134 , 155 (W.D.N.Y. 2003) (stating that to establish liability, "independent releasability of the substance, i.e. , without effect of an intervening force, need not be established") … That suffices to establish possession. Cf. GenCorp, Inc. v.

Rodriguez v. The City of Chicago

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

Nor does the third factor, the defenses set forth, weigh in favor of bifurcation here, because Defendant Officers have asserted qualified immunity as an affirmative defense. … from judgment, that stipulation “waives qualified immunity” and would “practically end the litigation” without having to proceed on the Monell claim.

Novick v. Village of Bourbonnais

District Court, C.D. Illinois · May 1, 2024

The remaining Defendants asserted the following affirmative defenses: (1) qualified immunity; (2) comparative fault; (3) reduction of liability under a contributory negligence theory pursuant to 735 ILCS 5/2-1116; and ( … have generally held that granting bifurcation in excessive force cases is usually appropriate as the probability of finding the individual not liable under qualified immunity is low.

City of Champaign v. Department of Revenue

89 Ill. App. 3d 1066 · Appellate Court of Illinois · Oct 31, 1980

The tax monies at issue in the instant case were clearly distributed under a mistake of fact, i.e., the location of the two establishments. … Stat. 1979, ch. 120, par. 443), or the two-year period contained in the Local Governmental and Governmental Employees Tort Immunity Act (111. Rev. Stat. 1979, ch. 85, par. 8 — 101).