Case law

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.

People v. Collins

214 Ill. 2d 206 · Illinois Supreme Court · Feb 3, 2005

More importantly, the statute does not contain qualifying language such as might or actually. To endanger means “to bring into danger or peril of probable harm or loss” or “to create a dangerous situation.” … This clearly was not the legislature’s intent.

Mercatus Group LLC v. Lake Forest Hospital

695 F. Supp. 2d 811 · District Court, N.D. Illinois · Feb 16, 2010

The Sham Exception There are a number of exceptions to Noerr-Pennington immunity. In this case, the parties focus on the sham exception. … Public expressions of opinion about competitors’ plans cannot provide the basis for an antitrust claim and such conduct is clearly lawful”), citing Schachar v.

Meyer v. Hurley

67 Ill. App. 3d 353 · Appellate Court of Illinois · Dec 14, 1978

On December 7, 1977, Hurley wrote Meyer a letter which said in part: “This is to advise you that I hereby withdraw any resignation previously submitted to be effective in February of 1978 or any date prior that you have established … Indeed the words “any resignation previously submitted” clearly indicate that Hurley was not conceding that any resignation at all had been submitted.

Illinois Dunesland Preservation Society v. Illinois Department of Natural Resources

587 F. Supp. 2d 1012 · District Court, N.D. Illinois · Nov 25, 2008

IDNR did not have established policies or guidelines for selecting materials to include in Park displays. … These denials are disingenuous; the assertions are clearly supported by the record, sometimes restating witness testimony verbatim. Moreover, defendants’ citations do not controvert plaintiff's on this issue.

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

G & G Peppers, LLC v. Ebro Foods, Inc.

449 B.R. 759 · District Court, N.D. Illinois · Jun 2, 2011

The bankruptcy court here did not “clearly and unmistakably abuse its discretion” in permitting Ebro to deviate from its pretrial stipulation. … Second, G & G contends on the merits that it and Ebro did not “expressly agree to a payment time period different from that established by the Secretary” because, according to G & G, the purchase orders do not qualify as

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.

Schrock v. Learning Curve International, Inc.

744 F. Supp. 2d 768 · District Court, N.D. Illinois · Oct 20, 2010

his work qualified for the limited de *774 rivative-work copyright provided by 17 U.S.C. § 103 (b). … Therefore, we find that the case does properly “arise under” the copyright laws and that federal jurisdiction is established. II.

Tuftee v. County of Kane

76 Ill. App. 3d 128 · Appellate Court of Illinois · Sep 10, 1979

The rationale for the court’s holding in Soil Enrichment Materials Corp. is simply that sooner or later the sludge became fertilizer, and fertilizer is clearly an element of agriculture. … It follows, under our holding in Cushman, that the county has no authority to establish acreage minimums to which it will grant the statutory right of exemption from zoning regulations.

Moore-Fotso v. Board of Education

211 F. Supp. 3d 1012 · District Court, N.D. Illinois · Sep 29, 2016

In light of these facts, Plaintiff not satisfied her burden of establishing that she is a “qualified individual” under the ADA. See E.E.O.C. v. … Failure to Accommodate Because Plaintiff fails to establish that she is a qualified individual within the meaning of the ADA, the Court need not address the merits of her failure to accommodate claim.

People Ex Rel. Witte v. Franklin

352 Ill. 528 · Illinois Supreme Court · Apr 22, 1933

But this amendment, as is shown by its phraseology and its other related sections, was clearly not intended by the legislature to impair or abrogate the powers and duties otherwise conferred upon the counties of this State … Illinois Central Railroad Co. 246 Ill. 188 , must be noted: “The fundamental principle underlying this division of powers is to be understood in a limited and qualified sense.

Apa v. Rotman

288 Ill. App. 3d 585 · Appellate Court of Illinois · Jun 2, 1997

App. 3d 1038, 1042 (1995), we held that while a complaint may be dismissed where it fails to comply with the substantive requirements of section 2 — 622, that is, where it does not clearly identify the reasons for the health … We pointed out that, in a medical malpractice case, a plaintiff should be afforded every reasonable opportunity to establish his case. Steinberg, 276 Ill. App. 3d at 1042 .

People v. Kaczmarek

207 Ill. 2d 288 · Illinois Supreme Court · Oct 2, 2003

The conduct of the defendant in this instance qualifies as exceptionally brutal and heinous behavior indicative of wanton cruelty under any definition. … Nonetheless, having voiced my disagreement previously, I reluctantly concur in today’s opinion only because the doctrine of stare decisis requires that we adhere to established precedent, even if certain members of the court

People v. Odum

3 Ill. App. 3d 538 · Appellate Court of Illinois · Jan 7, 1972

Roth clearly established that the burden of proof of all essential elements of the crime rested upon the shoulders of the State. See People v. … The discussion above, however, clearly establishes that there was a sufficient evidentiary basis for the verdict. Thus, the court did not err in giving the complained of instruction and the alternate form of verdict.

Sears v. Charwil Assoc.

Appellate Court of Illinois · Mar 8, 2007

Land- lord will obtain and maintain in a reputable insurance company or companies qualified to do business in the City of St. … -13- 1-05-3511 Second, Sears did not have to show that Charwil breached its promise to indemnify in order to establish its claim that Charwil breached its promise to obtain and maintain

Greenebaum v. Bornhofen

167 Ill. 640 · Illinois Supreme Court · Jun 8, 1897

According to the established rule, his finding should not be reversed on a question of fact unless it is clearly against the weight of the evidence. The defendants Nick J. … Another witness qualified as an expert of large experience, and testified.that the signatures were genuine.

Dichtl v. Foster McGaw Hospital

80 Ill. App. 3d 401 · Appellate Court of Illinois · Jan 22, 1980

Listed among those assets was a “Medical Insurance policy issued to decedent by American Health and Life Insurance Company 0 0 0 with maximum amount payable of *150,000.00 and *750 minimum qualifying amount.” … We believe, however, that Schloegl is clearly distinguishable and that Ilg and not Schloegl controls the disposition of this case.

People v. Jones

374 Ill. App. 3d 566 · Appellate Court of Illinois · Jun 25, 2007

The Supreme Court in Batson established a three-step process for deciding whether discrimination occurred in a jury’s selection: (1) the party who objected must establish a prima facie case of purposeful discrimination; ( … Here, Rochowicz, a qualified expert, testified that he had reviewed the results of the gunshot residue test conducted by Wong.