Case law

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.

Chatham Foot Specialists, P.C. v. Health Care Service Corp.

216 Ill. 2d 366 · Illinois Supreme Court · Sep 22, 2005

Clearly, a health-care provider who does not have a license to practice cannot enter into a valid fee agreement with patients. … Clearly, the intent of the legislature here is not to advance the public welfare but to allow professionals to incorporate in order to enjoy certain tax benefits and to reduce their potential civil liability” Riggs, 351 Ill

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.

Mashni Corp. Ex Rel. Mashni v. Laski

351 Ill. App. 3d 727 · Appellate Court of Illinois · Jun 21, 2004

Reading these provisions together, we conclude that the revocation documents filed in this instance were deficient and, therefore, did not qualify as “revocations.” … We find that there were clearly stated statutory standards for revocation documents and that the trial judge erroneously disregarded these standards.

People v. Rowell

2021 IL App (4th) 180819 · Appellate Court of Illinois · Jan 26, 2021

In 2016, the State of Illinois passed a law stating that a licensed user of medical cannabis “shall not be considered an unlawful user” and that medical cannabis “purchased by a qualifying patient at a licensed dispensing … In other words, unlike in this case, the record in Peck affirmatively established the facts necessary to conclude counsel performed deficiently.

Zollman v. Jackson Trust & Savings Bank

141 Ill. App. 265 · Appellate Court of Illinois · May 19, 1908

maturity for a valuable consideration without knowledge of any defects and in good faith will be protected against the defenses of the maker, and the only thing which will defeat his title is bad faith on his part; and to establish … There are no such qualifying recitals in the case at bar.

Granite City Division of National Steel Co. v. Pollution Control Board

221 Ill. App. 3d 68 · Appellate Court of Illinois · Oct 15, 1991

The criteria established by the narrative standard have no fixed values. … Because administrative agencies are inherently more qualified to decide technical problems, this court may not invalidate an administrative rule or regulation unless it is clearly arbitrary, unreasonable, or capricious. (

People v. Morgan

112 Ill. 2d 111 · Illinois Supreme Court · Apr 18, 1986

Plain error clearly is not applicable. See People v. Precup (1978), 73 Ill. 2d 7 ; People v. Pickett (1973), 54 Ill. 2d 280 . … Clearly, the judge informed the defendant that unanimous agreement was required before the death penalty could be imposed.

Druck v. Illinois State Board of Elections

387 Ill. App. 3d 144 · Appellate Court of Illinois · Nov 26, 2008

law and fact (1) where the historical facts are admitted, (2) where the rule of law is undisputed, and (3) where the only remaining issue is whether the facts satisfy a statutory standard, will not be disturbed unless clearly … Illinois courts are guided by established rules of statutory construction.

Spalding v. City of Granite City

415 Ill. 274 · Illinois Supreme Court · Jun 26, 1953

separate-and different property classifications and to establish separate and different rates as the occasion may arise, and stated the connection charge. … The statute is clearly constitutional, not only because it constitutes a proper exercise of the police power, but for the further reason that the legislation sets forth a reasonable classification to carry out the purposes

United States v. Chaparro-Alcantara

37 F. Supp. 2d 1122 · District Court, C.D. Illinois · Mar 5, 1999

The preamble states that the “purpose of the [consular] privileges and immunities is not to benefit individuals but to ensure the efficient per *1125 formance of functions by consular posts on behalf of their respective states … I.N.S., 17 F.3d 511, 518 (2d Cir.1993) (“[a]lthough compliance with our treaty obligations clearly is required, we decline to equate such a provision with fundamental rights ... ”); Esparza-Ponce, 7 F.Supp.2d at 1097 (refusing

People v. Brown

467 Ill. Dec. 319 · Appellate Court of Illinois · Mar 13, 2023

A defendant’s failure to establish either deficient performance or prejudice is fatal to his claim. Id. … The supreme court did not limit or qualify its explicit holding in any way.

Johnson v. COOK INC.

587 F. Supp. 2d 1020 · District Court, N.D. Illinois · Nov 25, 2008

Plaintiff can establish discrimination by providing either direct or indirect evidence. Id. Here, plaintiff concedes he has no direct evidence of age discrimination. (Pl.’s Resp. p. 4.) … better qualified for the position”) (citation omitted).

Levine v. UL LLC

2023 IL App (1st) 221845 · Appellate Court of Illinois · Jun 20, 2023

To qualify as a “clearly mandated public policy” for purposes of the tort of retaliatory discharge, the alleged policy must not be limited to a restriction on government power but must, collectively not individually, “strike … See Turner, 233 Ill. 2d at 505-06 (“We do not read section 3 of the Medical Patients Rights Act to establish a clearly mandated public policy of patient safety that was violated by plaintiff’s discharge. *** It is apparent

People v. Villareal

2023 IL 127318 · Illinois Supreme Court · Jan 20, 2023

In addition, proof that the group qualifies as a street gang does not entail proof connecting the possession of the firearm to any of the criminal acts that qualify the group for street gang … Statutes are presumed constitutional, and the party challenging the constitutionality of a statute has the burden of clearly establishing its invalidity. People v. Coty, 2020 IL 123972, ¶ 22.

Lancaster Development, Ltd. v. Village of River Forest

84 Ill. App. 2d 395 · Appellate Court of Illinois · Jun 16, 1967

Testimony in favor of the proposal [that the “B” zoning be changed] was largely in the form of opinions unsupported by sufficient qualified expert testimony. … the amendatory zoning ordinance towards only one of the several blocks north of Augusta Boulevard — and in fact towards the first block, which borders the heavily travelled Augusta Boulevard — the Village of River Forest clearly

People ex rel. Phillips v. Board of Education

83 Ill. App. 2d 154 · Appellate Court of Illinois · May 17, 1967

County Board of School Trustees, 31 Ill 2d 121, 198 NE2d 848 , it held that school districts established under enabling legislation are subject entirely to the will of the legislature, and may, even without notice, be contracted … Clearly then, all of the relators herein qualified by the terms of said statute to attack the annexation of which they complain, and in fact several of the relators were parties to one or more of the petitions that were filed

United States v. Fujii

152 F. Supp. 2d 942 · District Court, N.D. Illinois · Sep 29, 2000

The government has declined to offer the Chinese nationals immunity. They are, therefore, unavailable to the defense. … penal interest under Rule 804(b)(3) and additionally pursuant to Rule 807. 1 Analysis The proponent of an out-of-court statement, proffered for admission under Rule 804(b)(3), bears the burden of showing that the statement qualifies

Mintel International Group, Ltd. v. Neergheen

636 F. Supp. 2d 677 · District Court, N.D. Illinois · Apr 17, 2009

the additional discovery that Plaintiff requested was clearly erroneous. … Evidence should be excluded in limine only where it is clearly inadmissible on all potential grounds. Id.

Cooke v. People

231 Ill. 9 · Illinois Supreme Court · Oct 23, 1907

From the time plaintiff in error qualified as circuit clerk, down to June 30, 1904, John E. Seinwerth had not entered into said conspiracy. … It is next urged that the evidence does not establish the guilt of the plaintiff in error beyond a reasonable doubt.