Case law

Evans v. Keystone Consolidated Industries, Inc.

884 F. Supp. 1209 · District Court, C.D. Illinois · May 4, 1995

Delco Remy: The various tort claims by the appellants demonstrate clearly an attempt to create major state court claims out of matters which are all part of a company claim of right under a collective bargaining agreement … Consequently, there is no need to examine or interpret the terms of the CBA to determine Walters’, Schorr’s, or Keystone’s right to investigate and report Plaintiffs alleged misconduct as a basis for establishing qualified

Yarborough v. City of Springfield

2023 IL App (4th) 220025-U · Appellate Court of Illinois · Feb 22, 2023

The question here is whether the evidence in this case establishes the City is entitled to immunity under the Act. ¶ 56 A. … Willful and Wanton Conduct ¶ 57 The City first argues the evidence in this case clearly establishes neither it nor its employees engaged in willful and wanton conduct.

Ebbing v. Prentice

225 Ill. App. 3d 598 · Appellate Court of Illinois · Jan 31, 1992

particular action; (ii) practices or has practiced within the last 6 years or teaches or has taught within the last 6 years in the same area of health care or medicine that is at issue in the particular action; and (iii) is qualified … “[A] medical malpractice plaintiff should be afforded every reasonable opportunity to establish [her] case ***.” (Hansbrough v. Kosyak (1986), 141 Ill. App. 3d 538, 549 , 490 N.E.2d 181, 188 .)

Dart v. Craigslist, Inc.

665 F. Supp. 2d 961 · District Court, N.D. Illinois · Oct 20, 2009

It terminated its “erotic” category and established a new “adult” category, which is subject to a “manual review process.” (Def.’s Reply at 3.) It also reduced the number of subcategories from 21 to 5. … Soldier of Fortune, 968 F.2d 1110 , 1114 (11th Cir.1992) (concluding that under Georgia law the defendant “had a legal duty to refrain from publishing advertisements that subjected the public, including appellees, to a clearly

Dupuy v. Samuels

462 F. Supp. 2d 859 · District Court, N.D. Illinois · Mar 9, 2005

The court also lacked sufficient facts to determine whether any of the individual defendants were entitled to qualified immunity. … immunity because the alleged constitutional violation will rarely — if ever — be clearly established.”

Ferentchak v. Village of Frankfort

121 Ill. App. 3d 599 · Appellate Court of Illinois · Jan 26, 1984

The fact that the municipality was insured, thereby waiving defenses granted it by the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. … However, we need not determine the extent of liability or whether the voluntary nature of the work had any effect upon liability, for the evidence clearly establishes that the work had no effect upon the problem.

White v. United States

363 F. Supp. 31 · District Court, N.D. Illinois · Aug 6, 1973

THE INSTANT ACTION IS CLEARLY PROHIBITED BY 26 U.S.C. § 7421 (a). … Secondly, the taxpayer must establish that he qualifies for equitable relief by showing that absent injunctive relief he will suffer irreparable harm and he does not have an adequate legal remedy. Enochs v.

People v. Brown

2017 IL App (1st) 150146 · Appellate Court of Illinois · Aug 22, 2017

Defendant does not dispute that his conviction for robbery is a forcible felony that qualified as a predicate offense for purposes of the armed habitual criminal statute. … Because statutes carry a “strong presumption” of constitutionality, it is the burden of the party challenging the constitutionality of a given statute to “clearly establish” that the statute violates constitutional

People v. Mixon

208 Ill. Dec. 385 · Appellate Court of Illinois · Dec 6, 1994

In his post-trial motion, defendant asked that the convictions be reversed because the evidence established the defense of entrapment. … ENTRAPMENT Defendant also contends that he is entitled to an outright reversal of his convictions under the three counts charging him with delivery of cocaine because he clearly established the defense of entrapment at his

In Re Romano

426 F. Supp. 1123 · District Court, N.D. Illinois · Feb 15, 1977

Thus, an individual who owns nothing but securities such as common stock, and all his debts are secured by those stocks, would clearly be ineligible for any form of reorganization relief. … Walker, 63 Ill.App.2d 204 , 211 N.E.2d 488 (1965), the court held that under the Illinois Dram Shop Act the beneficiaries of the land trust, who controlled and operated the establishment engaged in selling liquor were the

Meyerson v. Carter

22 Ill. App. 3d 73 · Appellate Court of Illinois · Aug 13, 1974

This principle is clearly set out in Mayhew v. … Nor does tire fact that a statute has been construed and applied during a long period of time necessarily make it valid and immune from attack.” (360 Ill. at 139.) See also Berk v.

Thompson v. Gordon

Appellate Court of Illinois · Apr 8, 2005

However, we note that West was a criminal case brought by the State, and as such, liberty interests of the defendant were clearly at stake. … App. 3d at 188 ) the State should have engaged the services of an independent and unbiased Illinois fire investigator, perhaps even licensed, rather than a fire investigator who was so clearly intertwined in conflicts of

McGowan v. United States

601 F. Supp. 350 · District Court, N.D. Illinois · Nov 29, 1984

Defendants have moved to dismiss McGowan’s complaint on various grounds: insufficient service of process, sovereign immunity, lack of subject matter jurisdiction, failure to state a claim upon which relief can be granted … The first of these statutory provisions, Section 7402(a) of the Internal Revenue Code (“the Code”), clearly does not apply to this case.

Carmichael v. Chappius

340 F. Supp. 3d 340 · District Court, S.D. Illinois · Sep 13, 2018

Washington qualifies as clearly established law. See Williams v. Taylor , 529 U.S. 362 , 391, 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) ; Sellan v. … has been clearly established.").

Chicago Teachers Union v. Illinois Educational Labor Relations Bd.

Appellate Court of Illinois · Nov 7, 2003

The school board's argument that the IELRB was “wrong on the facts” ignores that the underlying premise of the “clearly erroneous” test is that there exists, to some degree, a “given set of facts” that are established or … Nonetheless, a review of the transcript of proceedings before the arbitrator clearly establishes that, during those proceedings , when the Union's attorney recognized the list was missing a page, the attorney properly withdrew

Heiden v. DNA Diagnostics Center

Appellate Court of Illinois · Nov 9, 2009

of a cause of action also must qualify as a postjudgment motion. … Moreover, the"reconsideration" sought was not clearly identical to the "clarification" sought. Rather, the "reconsideration" and "clarification" were pleaded alternatively in the prayer for relief.

People v. Oliver

306 Ill. App. 3d 59 · Appellate Court of Illinois · Jun 22, 1999

V The defendant also argues that the trial court erred in qualifying Dr. … He has reported results in over 1,000 cases and has been qualified as an expert in over 200 trials or hearings.

AM International, Inc. v. Eastman Kodak Co.

100 F.R.D. 255 · District Court, N.D. Illinois · Oct 21, 1981

AMI objected, in whole or in part, to six of Kodak’s nine interrogatories on the basis of the qualified work product privilege. … Kodak claims that the information that it seeks is clearly relevant. The disassembly and modification may have developed facts establishing that Kodak’s Ektaprint machines do not infringe AMI patents.

Village of Oak Park v. Illinois State Labor Relations Board

168 Ill. App. 3d 7 · Appellate Court of Illinois · Mar 8, 1988

Association members were clearly identified as a bargaining unit. … We cannot say here that the Board’s decision was against the manifest weight of the evidence or that an opposite conclusion is clearly evident.

Shempf v. Chaviano

430 Ill. Dec. 415 · Appellate Court of Illinois · Mar 20, 2019

Even a statute requiring a “governmental entity” to pay postjudgment interest was not deemed a waiver of sovereign immunity; even though the State obviously qualifies as a “governmental entity,” the State was not expressly … The former is barred by sovereign immunity; the latter is not. ¶ 62 So any claim for “damages” against the Department is barred by sovereign immunity.