Case law

Curatola v. Village of Niles

154 Ill. 2d 201 · Illinois Supreme Court · Jan 28, 1993

Niles asserts that, clearly, under this view, its streets were not intended for use as commercial loading docks. … Plaintiffs, in these bus rider cases, were unsuccessful primarily because they failed to establish their permitted use of the street.

People v. Runge

234 Ill. 2d 68 · Illinois Supreme Court · Sep 28, 2009

The trial judge’s discretion clearly extends to the initial decision of whether to interrogate jurors. Dominguez, 226 F.3d at 1246 . … The jurors did not learn of Charlene Runge’s immunity until the aggravation/ mitigation phase of sentencing.

Alsup v. 3-Day Blinds, Inc.

435 F. Supp. 2d 838 · District Court, S.D. Illinois · Jun 8, 2006

The basic purpose of section 1442 is to ensure a federal forum for defenses of official immunity by federal officers. See Willingham v. … In doing so, the court noted the potential limitations of a defense of official immunity under the facts of the case.

People v. James H.

405 Ill. App. 3d 897 · Appellate Court of Illinois · Dec 23, 2010

Though the petition lacks strict adherence to the statute, prior case law has established this error is harmless. 2. … Respondent failed to establish both he objected to the error at trial and he suffered prejudice.

Haake v. TOWNSHIP HIGH SCHOOL GLENBARD

399 Ill. App. 3d 121 · Appellate Court of Illinois · Mar 15, 2010

Finally, the defendant argues that the benefits were limited to those retirees who qualified to participate in an early retirement option (ERO) under the Teachers’ Retirement System, and 23 of the plaintiffs did not qualify … First, the Seventh Circuit’s statements were clearly obiter dicta, as the argument the court purported to reject had not been raised and thus was not before the court. See People vc.

Golden Rule Insurance v. Schwartz

203 Ill. 2d 456 · Illinois Supreme Court · Jan 24, 2003

In other words, the contract, “by its own terms, established a lesser knowledge standard” than that required by the statute. Green, 704 So. 2d at 1391 . … and belief] require[ ] that knowledge not defy belief ***. *** What the applicant in fact believed to be true is the determining factor in judging the truth or falsity of his answer, but only so far as that belief is not clearly

People v. McVeay

302 Ill. App. 3d 960 · Appellate Court of Illinois · Feb 5, 1999

Our legislature has provided definitions for both classifications of individuals with clearly distinct criteria, and indeed, our legislature is vested with the authority to provide such definitions. See People v. … Inasmuch as defendant is the party challenging the constitutionality of a statute, he bears the burden of clearly establishing the constitutional violation. See People v. DePalma, 256 Ill. App. 3d 206, 210 (1994).

United States Gypsum Co. v. Lafarge North America Inc.

670 F. Supp. 2d 748 · District Court, N.D. Illinois · Oct 27, 2009

Morton’s testimony, however, clearly refutes this charge. … In order to establish the extent of his damages, a plaintiff bears the burden of showing a lack of acceptable substitutes.

Lombard Park District v. Chicago Title & Trust Co.

103 Ill. App. 2d 1 · Appellate Court of Illinois · Nov 27, 1968

Rogers, supra, 112, 113 , specifically approved the reasoning of the Becker case and stated that the reasonable probability of rezoning is a proper factor to consider in establishing value. … We agree, however, with the trial court that the expert witnesses for the defendants stated sufficient relevant factors to support their belief concerning a reasonable probability of rezoning the property to qualify the admission

Dugan v. Weber

175 Ill. App. 3d 1088 · Appellate Court of Illinois · Oct 17, 1988

The physician’s relationship to the case, not the substance of his testimony, qualifies him as a Rule 220 expert. … The cases cited by defendant involve testimony of particular facts already established at trial. In the instant case, Dr.

In Re TRANS UNION CORP. PRIVACY LITIGATION

326 F. Supp. 2d 893 · District Court, N.D. Illinois · Jul 6, 2004

was alone sufficient to establish that that information was used for that purpose. … Trans Union's argument that it could not have willfully violated the statute until there was an authoritative ruling that its lists are consumer reports seems to suggest that it possessed a sort of "qualified immunity” to

Bader v. Air Line Pilots Ass'n

113 F. Supp. 3d 990 · District Court, N.D. Illinois · Jul 9, 2015

United’s longstanding practice, contrary to Continental’s, is to require all I/Es to be “line-qualified,” i e., to bé qualified' to fly a revenue-producing flight carrying paying passengers. … The UPA, consistent with United’s pre-merger practice, required all I/Es to be line-qualified.

People v. Loggins

2019 IL App (1st) 160482 · Appellate Court of Illinois · Aug 26, 2019

McCalpine was qualified to opine about the general practices of cocaine distribution. … It was defendant’s burden to establish plain error. People v. Thompson, 238 Ill. 2d 598, 613 (2010).

People v. Rush

322 Ill. App. 3d 1014 · Appellate Court of Illinois · May 11, 2001

we do not believe that the Reddick rule established such a component of basic due process so as to fall within it.” … But clearly Reddick and Apprendi deal with similar concerns and concerns that, in our view, are of commensurate gravity.” Kizer, 318 Ill. App. 3d at 252 .

People v. Evans

307 Ill. Dec. 353 · Appellate Court of Illinois · Dec 15, 2006

Defendant’s claim is based upon two specific grounds: (1) the State failed to establish an adequate foundation for Carter’s testimony that defendant kicked or stamped Casey and (2) the evidence was insufficient to establish … “Matters of trial strategy are generally immune from claims of ineffective assistance of counsel.” People v. Smith, 195 Ill. 2d 179, 188 , 745 N.E.2d 1194, 1200 (2000).

Riordan v. Commonwealth Edison Co.

953 F. Supp. 952 · District Court, N.D. Illinois · Dec 26, 1996

A beneficiary designation form is not a plan document, and a typed term added to such a form is clearly not a term of the plan. … Neither the separation decree nor the divorce decree qualifies as a QDRO as to James’ life insurance policy.

United States v. Harris

561 F. Supp. 1178 · District Court, N.D. Illinois · Apr 19, 1983

the circumstances under which CHA qualifies for federal funding and retains the right to that funding, and 3) delineate the circumstances under which CHA may lose its right to federal funding. … The transcripts which were introduced at trial clearly overcome that claim.

Jain v. Butler Illinois School District 53

District Court, N.D. Illinois · Mar 22, 2018

“There 4The Administrators’ argument that they are entitled to qualified immunity because they “would not have believed taking plaintiff out of class and questioning him violated clearly established law,” (Dist. Defs.’ … It is clearly established that students have a limited right to be free from unreasonable restrictions of liberty, and A has stated a claim for violation of that right.

People v. Alberts

383 Ill. App. 3d 374 · Appellate Court of Illinois · Jun 26, 2008

Defendant has not established ineffective assistance of counsel. … “I am unable to form an opinion at the current time as to whether [defendant] would qualify for an intoxication defense.

City of Chicago v. Air Auto Leasing Co.

Appellate Court of Illinois · Jun 29, 1998

Regardless, an exception made for transfers in the ordinary course of business would be contrary to the purpose of the citation process since service of a citation to discover assets is clearly designed to ascertain and freeze … Thus, he cannot invoke the protection afforded to corporate officers by the qualified privilege.