Case law

Gunning v. People

189 Ill. 165 · Illinois Supreme Court · Feb 20, 1901

Gunning was the duly elected and qualified assessor of said town of South Chicago, and while acting as such officer, on, to-wit, etc., unlawfully and corruptly did propose to receive-a bribe to influence his official action … A mere statement of the question would seem to imply a negative answer, if established rules of law governing the subject are to be regarded.

Sundene v. Koppenhoefer

343 Ill. App. 164 · Appellate Court of Illinois · May 7, 1951

Justice Wilson, said: “In order that a court may take judicial notice of any fact it must appear that it is a matter of common and general knowledge and that it must be well established and known within the limits of the … The testimony given by him as to findings in the x-rays taken by him was clearly competent. The judgment of the Superior Court is reversed and the cause remanded for a new trial. Reversed and remanded. Niemeyer, P.

Hughes v. Twenty-First Century Fox, Inc.

304 F. Supp. 3d 429 · District Court, S.D. Illinois · Apr 24, 2018

"An individual must be clearly identifiable in an allegedly defamatory statement to support a claim for defamation." Algarin v. Town of Wallkill , 421 F.3d 137 , 139 (2d Cir. 2005). … Here, the Complaint does not clearly allege that Hughes suffered economic, emotional, and reputational damage from the publication of Defendants' statement to the National Enquirer.

The People v. Peplos

340 Ill. 27 · Illinois Supreme Court · Jun 20, 1930

If the evidence offered established such defense, refusal to admit it was reversible error. Hankins v. People , 106 Ill. 628 . … Perez, supra , and other cases, and saying: "Those cases clearly establish the law of this court that courts of justice are invested with the authority to discharge a jury from giving any verdict whenever in their opinion

People v. Mercado

333 Ill. App. 3d 994 · Appellate Court of Illinois · Sep 25, 2002

FACTS The State’s evidence established defendant and codefendant Audrey Ann Klimawicze lived in the third-floor apartment directly above the apartment where codefendant’s mother, Audrey Virginia Klimawicze, lived. … However, the first sentence of the instruction as well as all of the applicable cases clearly state that all five factors are to be considered and are not mutually exclusive. People v. Gonzalez, 326 Ill.

Zummo v. City of Chi.

345 F. Supp. 3d 995 · District Court, E.D. Illinois · Nov 1, 2018

This is akin to the general approach for criminal offenses: probable cause is needed for an arrest, so by definition the officer must conduct some investigation in order to establish it. … City of Boulder, Colo. , 455 U.S. 40 , 51, 102 S.Ct. 835 , 70 L.Ed.2d 810 (1982) (holding home-rule authority to be insufficient to qualify as an authorization by the state to engage in conduct that influences competition

Castel Properties, Ltd. v. City of Marion

259 Ill. App. 3d 432 · Appellate Court of Illinois · Mar 30, 1994

The city held a public hearing on the issue on November 16, 1989, and the city council unanimously voted to establish the Illinois Centre TIF. … The trial court found that the area was clearly blighted and that the redevelopment plans were in conformity with the city’s comprehensive plan. There is no serious dispute about either of these propositions.

Minkus v. Pond

326 Ill. 467 · Illinois Supreme Court · Jun 22, 1927

we have indicated as pertinent to the inquiry, at least the reasons are sufficiently cogent to preclude us from saying, as it must be said before the ordinance can be declared unconstitutional, that such provisions are clearly … There would be no object in creating a residential district unless there were to be secured to those dwelling therein the advantages and that immunity from risks and danger which would ordinarily be considered the main benefits

People v. Lattimore

353 Ill. Dec. 433 · Appellate Court of Illinois · Sep 2, 2011

James Lee Qualifies as a "Merchant" ¶ 86 Defendant argues that the State failed to prove beyond a reasonable doubt that James Lee qualifies a "merchant" under section 16A-2.4. … For the reasons discussed below, we find that the evidence in the trial record was sufficient to establish that Lee was an "independent contractor" of the Family Dollar Store and therefore qualifies as a "merchant" under

Mathers v. County of Mason

232 Ill. App. 3d 1095 · Appellate Court of Illinois · Aug 13, 1992

Paragraph Nos. 22 and 23 allege necessity of notices, insurance coverage by the County, lack of immunity, duties of the Supervisor of Assessments, and the County’s duty to supervise appointed officials, employees, and agents … Before the conduct of the taxing authorities will be considered constructive fraud, the evidence must clearly establish that the assessment was made in ignorance of the value of the property, or on a judgment not based upon

Grennan v. Sheldon

401 Ill. 351 · Illinois Supreme Court · Sep 24, 1948

order, on motions previously filed by original petitioners, finding (1) that all petitions other than those of the original petitioners were not filed in apt time, (2) that none of them contained the required number of qualified … Clearly the act could not stand in the absence of those two paragraphs, which prescribe requirements for the establishment of organized hospital authorities.

Umar v. Johnson

173 F.R.D. 494 · District Court, N.D. Illinois · Jun 9, 1997

Clearly Umar’s claims relate only to the third of those required steps: the opportunity to call witnesses. … That dismissal obviates the need for this Court to address defendants' arguments asserting the qualified immunity or lack of personal involvement of Godinez, Allen, Barham and Roos in Umar's case.

People Ex Rel. Satas v. City of Chicago

5 Ill. App. 3d 109 · Appellate Court of Illinois · Apr 19, 1972

Action, such as that by the employee in the instant case, was clearly beyond the scope of the zoning ordinance. This action by an agent of the City is not a basis for estoppel, however. … This court is aware, however, the general rule stated above is qualified.

Thorp v. Thirtyacre (In Re Thirtyacre)

154 B.R. 497 · United States Bankruptcy Court, C.D. Illinois · May 19, 1993

However, the court’s reasoning in Pieters clearly is contrary to the Defendant’s contention. … While the Rule requires that a custodian or qualified witness testify that the requirements of the business records exception have been met, there is no requirement that the “qualified witness” must have personally participated

Eftekhara v. Illinois Department of Children & Family Services

661 F. Supp. 522 · District Court, N.D. Illinois · Jun 3, 1987

The issue is whether defendants’ conduct deprived plaintiff of rights, privileges, or immunities secured by the Constitution. … Section 1983 does not create any substantive rights which may be violated; it merely provides remedies for deprivation of rights established elsewhere. City of Oklahoma City v.

Burlington Truck Lines, Inc. v. Interstate Commerce Commission

194 F. Supp. 31 · District Court, S.D. Illinois · Apr 27, 1961

This principle is clearly enunciated in Interstate Commerce Commission v. Union Pacific R. R. … It argues that the record clearly establishes the inadequacy of existing motor service for the movement of traffic to and from the establishments of a substantial portion of the shipping public of Nebraska, and that such

Starck v. Chicago & North Western Railway Co.

4 Ill. 2d 611 · Illinois Supreme Court · Dec 20, 1954

It suffices that the initial selection of jurors was made in conformity with the Jury Commissioners Act and that the particular assignment of qualified jurors to the municipal court was nondiscriminatory. … Whether a place which is rendered temporarily unsafe by active negligence is within the rule, is a question which has not been clearly resolved. (Compare McGivern v.

Kaiser Agricultural Chemicals v. Rice

138 Ill. App. 3d 706 · Appellate Court of Illinois · Dec 4, 1985

App. 403 , a plaintiff-employee brought an action against his employer when plaintiff’s action had clearly been abolished by the Workmen’s Compensation Act. … All the law requires in cases of this character is that the evidence shall with a fair degree of probability tend to establish a basis for the assessment of damages.’ ” The defendant here was qualified by reason of his farming

Green v. Chicago

District Court, N.D. Illinois · Mar 30, 2024

“Qualified immunity involves a two-pronged inquiry: (1) whether the facts, read in favor of the non-moving party, amount to a constitutional violation; and (2) whether the constitutional right was clearly established at … Nonetheless, “[b]ecause a qualified immunity defense so closely depends on the facts of the case, a complaint is generally not dismissed under Rule 12(b)(6) on qualified immunity grounds.” Reed v.

Haage v. Zavala

451 Ill. Dec. 373 · Illinois Supreme Court · Sep 23, 2021

The trial courts found that without these two requirements, “a covered entity no longer has a valid HIPAA qualified protective order to allow disclosure of PHI. … It was clearly not the intent of Congress that a QPO would be unavailable whenever an alleged tortfeasor was insured by a liability insurer.