Case law

Citizens for a Better Environment v. Pollution Control Board

152 Ill. App. 3d 105 · Appellate Court of Illinois · Jan 26, 1987

Administrative action taken under statutory authority will not be set aside unless it has been clearly arbitrary, unreasonable, or capricious. (Illinois Coal Operators Association v. … Courts adopted this high standard of review because administrative agencies are inherently more qualified to decide technical problems and the mechanics of dealing with those problems.

Archer-Daniels-Midland Co. v. United States

798 F. Supp. 505 · District Court, C.D. Illinois · Sep 8, 1992

To the government, the language of the statute clearly demonstrates that 994(a) is not a mathematical formula and is appropriate for regulatory interpretation. … The no-loss rule does not “modify” or “amend” the statutory provision, which clearly does not address the issue of the allowance of loss deduction. Government’s First Memo at 14.

MacDonald v. Board of Trustees of Park Ridge Police Pension Fund

294 Ill. App. 3d 379 · Appellate Court of Illinois · Jan 15, 1998

that all reasonable and unbiased persons, acting within the limits prescribed by the law and drawing all inferences in support of the finding, would agree that the finding is erroneous and that the opposite conclusion is clearly … As to whether plaintiff was a dependent child at the time of his father’s death, evidence was presented to establish that he was.

Parker v. Harper

District Court, N.D. Illinois · Aug 6, 2018

’s qualified immunity argument. … “Qualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” White v. Pauly, --- U.S. ----, 137 S.

Hernandez v. Woodard

714 F. Supp. 963 · District Court, N.D. Illinois · Jun 13, 1989

members designated by such official, who may accept the registration of any qualified resident of the county. … That, however, quite clearly is not the plaintiffs’ position.

Sherwood v. Village of Fox Lake, Illinois

District Court, N.D. Illinois · May 15, 2024

Prosecutors acting in an investigative capacity may claim only qualified immunity. See id. … The Court reasoned that “it would be anomalous, to say the least, to grant prosecutors only qualified immunity when offering legal advice to police about an unarrested suspect, but then to endow them with absolute immunity

Jones v. Chicago Osteopathic Hospital

250 Ill. Dec. 326 · Appellate Court of Illinois · Sep 20, 2000

App. 3d 710, 714 , 631 N.E.2d 266 (1994), “This is clearly a very difficult standard to meet, limiting the power of the circuit court to reverse a jury verdict to extreme situations only.” … A qualified physician should have recognized the signs of hyperstimulation and the baby’s late decelerations from the monitor strips.

McCarty v. Weatherford

Appellate Court of Illinois · Nov 4, 2005

.; LYNN CRITES, Individually; ESTHER LAUSEN, Individually; and RAYNOR HOTEL COMPANY, a Delaware Corporation Qualified in Illinois, Defendants-Appellees, and HOLIDAY INNS, INC., a Tennessee Corporation Qualified in Illinois … We clearly do. We should require compliance with supreme court rules so that cases may be decided fairly and on their merits.

In re Kevin S.

Appellate Court of Illinois · Apr 2, 2008

We are not to disturb the court's ruling unless it is against the manifest weight of the evidence or, in other words, the evidence clearly establishes that a contrary result was proper. In re Clark, 246 Ill. … Under the circumstances presented here, we cannot say the court's decision was clearly erroneous, given that the State submitted a report as well as testimony sufficient to establish by clear and convincing evidence that

Finnan v. Johnson

111 Ill. App. 3d 479 · Appellate Court of Illinois · Jan 6, 1983

Mid-America contends on appeal that the evidence adduced in this cause established that Johnson acquired ownership of the 1965 GMC truck for purposes of insurance coverage on July 25, 1977. … App. 3d 34, 37-38 , the court clearly rejected the theory that a car is not “acquired” until made operative.

People v. Griffin

Illinois Supreme Court · Sep 11, 1997

This information, read in a commonsense and realistic fashion, clearly established probable cause. Thus, defendant was not entitled to a Franks hearing. … In the present case, counsel's performance was clearly a strategic decision.

Sneed v. City of Harvey

6 F. Supp. 3d 817 · District Court, N.D. Illinois · Dec 19, 2013

“In order to establish a prima facie ease of failure to accommodate under the ADA, a plaintiff must show that: (1) she is a qualified individual with a disability; (2) the employer was aware of her disability; and (3) the … But Forbes clearly did not slam the door “on” Sneed. (Cf.

People v. Garcia

52 Ill. App. 2d 481 · Appellate Court of Illinois · Oct 22, 1964

Charles Vondrak were called to testify, he would testify that he is a qualified chemist employed by the Chicago Police Department Crime Detection Laboratory. … These admissions, added to the testimony regarding the results of the field test were clearly sufficient to enable the jury to find that the substance confiscated was in fact a narcotic drug.

Olympian Group, LLC v. Blevins

District Court, N.D. Illinois · Sep 30, 2020

Chapman, 847 F.3d 407, 412 (7th Cir. 2017) (describing the doctrine of qualified immunity). … While the Court is cognizant of its duty to address claims of qualified immunity as early as possible in litigation, the Court declines to address qualified immunity for any claim at this time because Defendants’ arguments

Wolfer v. Hemmer

144 Ill. 554 · Illinois Supreme Court · Mar 31, 1893

The devise over would, therefore, under the foregoing authorities be void, however clearly expressed. … Pritchard, 121 Ill. 221 , speaking of cases falling within the provisions of the statute, we said: “ In the absence of limiting or qualifying words, it is a fee, but with such words the instrument is to be construed so as

Akinyemi v. JP Morgan Chase Bank, N.A.

391 Ill. App. 3d 334 · Appellate Court of Illinois · May 8, 2009

The record in the instant cause clearly demonstrates, and plaintiff outrightly admits, that defendant credited plaintiffs Workplace account with a $100 bonus deposit. … The record establishes that when a checking account is opened without direct deposit, defendant charges a $10 monthly service fee.

Lumpkin v. Brown

960 F. Supp. 1339 · District Court, N.D. Illinois · Apr 22, 1997

If anything, the status of Blazek, Bush and Sedlak (whose job performance had qualified them for “unlimited” contracting authority since the late 1980s) and of Lumpkin (whose job performance had qualified her for $1 million … , inter alia, that he or she was in the protected class and was otherwise qualified for the position.

Flynn v. Henkel

Appellate Court of Illinois · Nov 27, 2006

According to Rita, things were fine until Cory sought to establish his paternity. At that point, Alice terminated Cindy's visitation. … The court's inability to articulate the harm "in the sense of a direct emotional harm" clearly indicates -9- No. 2--06--0573 that it was referring to E.H.; the emotional

Ebner v. Kaiser ex rel. Kaiser Trust (In re Kaiser)

525 B.R. 697 · United States Bankruptcy Court, N.D. Illinois · Dec 31, 2014

The parties agree that the Illinois UFTA qualifies as “applicable law” for purposes of section 544(b)(1). See also Equip. … When Judge Cox addressed this question in 2011, her reasoning clearly allowed for what the trustee seeks herein.

Wallace v. Heartland Community College

48 F. Supp. 3d 1151 · District Court, C.D. Illinois · Jun 20, 2014

Plaintiff May Be A “Qualified Individual” “The term ‘qualified individual’ means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual … In the Charge, Plaintiff clearly alleged that the reaction of her superiors, Mr. Hagberg and Ms.