Case law

MIFAB, Inc. v. Human Rights Commission

2020 IL App (1st) 181098 · Appellate Court of Illinois · Mar 25, 2021

The ALJ agreed with Towers and reasoned that a foundation had not been established that Logan was an HR expert and that Logan was not qualified to testify regarding Towers’s qualifications for other positions … It was never established that Logan had any experience or expertise in HR related matters not common to a layperson or that he had the requisite knowledge to testify about whether Towers was qualified

Stolarczyk v. Senator International Freight Forwarding, LLC

376 F. Supp. 2d 834 · District Court, N.D. Illinois · Jul 8, 2005

In contrast, the admissible record evidence establishes that Ms. Stolarc-zyk went to the office of Ms. … Stolarczyk was not a “qualified individual with a disability.”

Jones v. McGuffage

921 F. Supp. 2d 888 · District Court, N.D. Illinois · Feb 1, 2013

Hubschman, who, while eminently qualified his field, did no more than establish that it is theoretically possible for a candidate to gather 15,682 signatures in 62 days. … As for plaintiff Lewis, he clearly acted diligently under the circumstances.

In re Detention of Tittlebach

Appellate Court of Illinois · Aug 17, 2001

Here, the record establishes that Dr. Jonas had been involved in the treatment and evaluation of juvenile sex offenders from 1985 until 1990. … Here, the trial court clearly indicated that it had sufficient information to make its decision.

In Re Ockerlund Construction Co.

308 B.R. 325 · District Court, N.D. Illinois · Apr 7, 2004

If a debtor fails to establish that post-petition financing occurred in the ordinary course of business under § 364(a), some courts find that retroactive approval (a “nunc pro tunc ” order) under § 364(b) and § 105(a) is … Finer Foods), 186 B.R. 414, 431-35 (N.D.Ill.1995) (rejecting plea for equitable relief in spite of alleged benefit the estate received from post-petition overdraft credits, because the setoff of bank-account deposits was clearly

Williamson County Board of Commissioners v. Board of Trustees of the Illinois Municipal Retirement Fund

449 Ill. Dec. 248 · Illinois Supreme Court · Jun 4, 2020

The party challenging the statute carries the burden to rebut clearly this strong judicial presumption. Wingert v. Hradisky, 2019 IL 123201, ¶ 28. … Similarly, plaintiffs would have qualified for continued IMRF participation under the original statutory requirements in effect when they first qualified for IMRF participation.

Gonzalez-Loza v. United States

District Court, N.D. Illinois · Sep 22, 2023

The defendants argue in the alternative that they are entitled to qualified immunity. … Even if the defendants had not waived this defense, the Court would conclude that they are not entitled to qualified immunity.

Vincent Mar. v. Metro-North R.R. Co.

369 F. Supp. 3d 525 · District Court, S.D. Illinois · Mar 28, 2019

He also does not dispute that employees making Good Faith Challenges are immune from disciplinary action. … City of New York , 374 F.3d 93 , 109 (2d Cir. 2004) (in context of qualified immunity, it was appropriate for court to determine whether "defendant official's conduct was objectively reasonable" as a matter of law).

Watson v. Electoral Board of the Village of Bradley

990 N.E.2d 401 · Appellate Court of Illinois · May 24, 2013

Section 3.1-10-5(a) states, “A person is not eligible for an elective municipal office unless that person is a qualified elector of the municipality and has resided in the municipality at least one year … It was the objector’s burden to establish that Watson did not meet residency requirements. The objector clearly did not carry this burden, which leads us to Watson’s next challenge.

Gillmore v. Illinois Department of Human Services Modified Upon Denial of Rehearing

354 Ill. App. 3d 497 · Appellate Court of Illinois · Dec 10, 2004

The Department held as follows: “In this case, the annuity clearly does not pay benefits in approximately equal periodic payments over the term of the annuity, and the local office correctly determined that, accordingly, … State’s Administrative Regulations Section 5— 2(12) of the Public Aid Code (305 ILCS 5/5—2(12) (West 2002)) provides that the “Department shall by rule establish the amounts of assets to be disregarded in determining eligibility

People v. Coleman

347 Ill. App. 3d 266 · Appellate Court of Illinois · Mar 5, 2004

Clearly, after Swift, this enhanced sentence violates the principles of Apprendi. … , strangulation, stabbing and burning to prevent her from leaving the state and obtaining a divorce undoubtedly qualifies as brutal and heinous behavior on defendant’s part.

Marchioni v. Board of Educ. of City of Chicago

341 F. Supp. 2d 1036 · District Court, N.D. Illinois · Oct 25, 2004

Hassan also argues two bases for immunity from tort liability for his statements: (1) section 2-201 of the Illinois Local Governmental and Governmental Employees Tort Immunity Act ("Tort Immunity Act”), 745 ILCS 10/2-201, … and (2) common law immunity for gov-eminent officials acting within the scope of their duties.

Postula v. Blackard

2025 IL App (3d) 240464-U · Appellate Court of Illinois · Apr 22, 2025

The motion filings also established that Blackard was responding to an emergency call at the time that the accident occurred. … A defendant is guilty of willful and wanton conduct, as defined in the Tort Immunity Act and under established Illinois case law, if the defendant has engaged in a course of action that shows either an actual

People v. Hawkins

88 Ill. App. 3d 178 · Appellate Court of Illinois · Aug 27, 1980

It is well established that the determination of whether a witness is qualified to testify as an expert and whether testimony proffered is expertise in nature rests with the trial judge. (People v. … This discretion will not be disturbed unless clearly and prejudicially erroneous. People v. Aliwoli (1976), 42 Ill. App. 3d 1014 , 356 N.E.2d 891 .

Wells v. Board of Trustees of the Illinois Municipal Retirement Fund

361 Ill. App. 3d 716 · Appellate Court of Illinois · Sep 30, 2005

This consideration is irrelevant, as the cases cited above clearly establish that the relationship between offense and employment is causal rather than temporal. … An employee who changes positions on a fairly regular basis would effectively immunize from the statute much of his or her pension.

People Ex Rel. Barrett v. Anderson

398 Ill. 480 · Illinois Supreme Court · Dec 26, 1947

Anderson, county clerk of Iroquois County, to require him to comply with the provisions of the recent Reapportionment Act, entitled “An Act to apportion the State of Illinois into twenty-six Congressional districts and to establish … The petitioner claims the intention of the legislature is clearly indicated, and that it undertook to, and did include all of the territory of the State of Illinois within the several districts, and that the same are clearly

Glennon v. Britton

155 Ill. 232 · Illinois Supreme Court · Apr 1, 1895

Lim. 6th ed. 364, et seq.,) and we think this was clearly the intention'of the act under consideration. … Searches and seizures of the character in the case at bar are not deemed unreasonable, and therefore are not within the inhibition of Federal and State constitutions, which guarantee to the citizen immunity against unreasonable

Town & Country Utilities, Inc. v. Illinois Pollution Control Board

225 Ill. 2d 103 · Illinois Supreme Court · Mar 22, 2007

The Board consists of seven technically qualified members. 415 ILCS 5/5(a) (West 2002). … She admitted that she was not qualified as an engineer to testify on landfill design.

Schiller v. HomeServices of Illinois, LLC

241 N.E.3d 538 · Appellate Court of Illinois · Apr 9, 2024

By not awarding damages in the amount requested by the Schillers, the jury’s award is clearly inconsistent with its finding that K&S breached the contract. … ¶ 46 Here the damages award is clearly inconsistent with the jury’s verdict, and the circuit court did not err in granting the Schillers’ motion for additur.

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.