Case law

Goodman v. Ward

397 Ill. App. 3d 875 · Appellate Court of Illinois · Jan 14, 2010

However, the court went on to say: "it would seem logical that under section 11, if the unit that selects the judge is the circuit, then any person otherwise qualified who lives anywhere in the circuit is qualified. … Consequently, Section 11 does not expressly answer the question whether residency in the selection district must be established at the time petitions are filed.

Superior Beverage Co. v. Owens-Illinois, Inc.

827 F. Supp. 477 · District Court, N.D. Illinois · Jun 22, 1993

Even under the historic concept of cy pres, this application *483 would clearly qualify. … Some of them, at least, would appear to qualify as valid cy pres uses. These include educational programs on the U.S. Constitution, the operation of our legal system, etc.

People v. Chatman

2016 IL App (1st) 152395 · Appellate Court of Illinois · Jan 13, 2017

In response, the trial court observed in its written order: “First, how is it established that one is, or is not, a ‘victim’? … To qualify under the above subsection, petitioner must show that she “may be bound by an order *** in the action.”

Dyjak v. Schulte

District Court, S.D. Illinois · Sep 30, 2022

violated was clearly established. … Defendants claim that they are entitled to qualified immunity. (Doc. 119, p. 22).

Lacey v. Perrin

53 N.E.3d 90 · Appellate Court of Illinois · Dec 24, 2015

He clearly was being called upon to execute or enforce a law. … To establish that the jury’s verdict is against the manifest weight of the evidence, the plaintiff must show that the opposite conclusion is clearly evident or that the findings of the jury are unreasonable, arbitrary,

Mooney v. Etheridge

65 Ill. App. 3d 847 · Appellate Court of Illinois · Nov 8, 1978

It is well established in Illinois that “ ‘the violation of a statute or ordinance designed for the protection of human life or property is prima facie evidence of negligence.’ ” (Davis v. … We believe that the policy consideration clearly remains the same both before and after the client testifies.

Jaskowski v. Rodman & Renshaw, Inc.

842 F. Supp. 1094 · District Court, N.D. Illinois · Jan 10, 1994

Whether her charge specifically referred to a glass ceiling or not, Jaskowski clearly intended to establish wage discrimination based on gender. … Indeed, it appears that Jaskowski would not have qualified for the position as advertised in the Wall Street Journal. 8 .

People v. Watts

181 Ill. 2d 133 · Illinois Supreme Court · Feb 20, 1998

The State acknowledges that the first sentence of subsection (c) creates a mandatory, rebuttable presumption of intent once the predicate facts are established. … The presumption’s mandatory nature is clearly demonstrated by its mandate that “it shall be a rebuttable presumption.” (Emphasis added.) 815 ILCS 515/3(c) (West 1994).

People v. Foster

168 Ill. 2d 465 · Illinois Supreme Court · Jan 29, 1996

The evidence clearly established that the defendant severely beat Simmons with a baseball bat for more than an hour. … Defendant contends that absent the claimed errors, the trier of fact would have entertained reasonable doubt as to the sexual assault and defendant would not have qualified for the death penalty.

Morgan v. CUNA Mut. Ins. Soc.

242 Ill. App. 3d 1027 · Appellate Court of Illinois · Apr 2, 1993

It clearly states that an insured must suffer a total and permanent disability prior to age 60 in order to be entitled to benefits. … The policy definition of total and permanent disability is an illness or injury which prevents the insured from working at his job or any job for which he is qualified.

Marcucci v. National Railroad Passenger Corp.

589 F. Supp. 725 · District Court, N.D. Illinois · Jul 9, 1984

Discussion On a motion for summary judgment, the moving party must clearly establish “the non-existence of any genuine issue of fact that is material to a judgment in his favor.” Cedillo v. … Government Medicaid regulations established the standards and procedures for transfer. Id. at 1005-12, 102 S.Ct. at 2786-89.

People v. Noel

6 Ill. 2d 391 · Illinois Supreme Court · Sep 23, 1955

The codefendants were later arrested, after it was established that they had been with the defendant at a tavern in Peoria earlier that night. … Clearly, such decisions are not helpful here, for in this case the jury was composed of twelve duly selected and sworn jurors.

Nourse v. The City of Chicago

75 N.E.3d 397 · Appellate Court of Illinois · Mar 24, 2017

Sections 2-105 and 2-207 would thus appear to clearly protect the City from suit for Mr. Carter’s conduct during the inspection of the elevators. … The City thus met its initial burden of establishing that the immunity provisions of section 2-105 and 2-207 applied. ¶ 33 In response, plaintiffs presented no evidentiary support to refute a conclusion that Mr.

United States v. Articles of Drug

624 F. Supp. 776 · District Court, N.D. Illinois · Dec 5, 1985

preclude its qualifying for exclusion as ‘generally recognized.’ ”). … Folsom, 165 F.Supp. 418 (D.D.C.1958), in which it was stated that a mere conflict between qualified experts establishes a lack of general recognition as a matter of law. In United States v. 7 Cartons ...

Rivera v. Google Inc.

238 F. Supp. 3d 1088 · District Court, N.D. Illinois · Feb 27, 2017

Indeed, here there is no mystery on the subject of legislative intent, because the Act itself clearly sets forth legislative findings and legislative intent. … But Google does not cite to controlling Illinois case law establishing that post-enactment proposals (rejected ones, at that) are valid statutory interpretation tools. .

Romero v. State of Illinois

District Court, N.D. Illinois · Mar 24, 2022

But a prosecutor’s actions with respect to investigative tasks receive only qualified immunity. Bianchi, 818 F.3d at 316, 318. … has refused to “create a new rule that applies qualified immunity to prosecutors engaged in core prosecutorial functions if the prosecutors engaged in ‘unlawful rogue conduct.’”

Citizens Bank & Trust Co. v. Romano

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

Thus, these last statements in particular establish that the use of the terms “legal or equitable owner of real property or a chattel real” in section 406(6) was technical in nature and designed to make eligible for Chapter … 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.

Rodriguez v. Swank

318 F. Supp. 289 · District Court, N.D. Illinois · Sep 23, 1970

However, this immunity does not extend to a state officer “when he is enforcing an unconstitutional statute or is proceeding in violation of law.” Moline Tool Co. v. … Because the allegations of this complaint fall within the above exception to the constitutional grant of immunity, the maintenance of this action is not barred. .

Hall v. National Collegiate Athletic Ass'n

985 F. Supp. 782 · District Court, N.D. Illinois · Nov 21, 1997

NCAA Eligibility Requirements Pursuant to the bylaws, the NCAA has established minimum academic eligibility requirements that a new college student must fulfill in order to attain the status of “qualifier”. 3 As a “qualifier … However, review of the syllabus for Microsoft Office demonstrates that 50% of the class clearly involved keyboarding and word processing skills.

In re J.Y.

962 N.E.2d 1 · Appellate Court of Illinois · Nov 30, 2011

She complains that the letter was prepared in anticipation of litigation, that it does not qualify as a medical or business record, and that it is inadmissible. ¶ 13 The Juvenile Act specifically provides … On appeal, a trial judge’s ruling of neglect will not be reversed unless it is against the manifest weight of the evidence, that is, only if the opposite conclusion is clearly evident.