Case law

Tankersley v. Albright

374 F. Supp. 538 · District Court, N.D. Illinois · Feb 5, 1974

The McCormick-Patterson Trust The Trust was established in Illinois in 1932, and will terminate on April 1, 1975. … In their “Reply to Defendants’ Memorandum in Opposition to Motion to Dismiss Counterclaims,” plaintiffs declare: “It was clearly established when the Trust was created that shareholders in Illinois may lawfully utilize a

Perez v. Radioshack Corp.

386 F. Supp. 2d 979 · District Court, N.D. Illinois · Sep 9, 2005

At the time of the court’s earlier opinion, federal regulations established two tests for determining whether an employee qualifies for the exemption, commonly referred to as the “long test” and the “short test.” 29 C.F.R … If 76 percent of the time is not enough supervision to qualify for the exemption, but 98 percent clearly is, Plaintiffs argue that the court should effectively split the difference, and hold that the Y store managers must

Sobczak v. General Motors Corp.

Appellate Court of Illinois · May 23, 2007

Parameters are established for the operation of the muffler, which is a pass-through vessel. … Further, Sobczak urges, Colver would have established the proximate cause of the fire.

Majestic Star Casino, LLC v. Trustmark Insurance Co.

667 F. Supp. 2d 809 · District Court, N.D. Illinois · Nov 17, 2009

The application form clearly and conspicuously failed to provide this information, and Trustmark chose to ignore the omission. … Therefore, Majestic has failed to establish that the uncontested facts demonstrate that RMTS issued any insurance coverage to Majestic.

Continental Homes of Chicago, Inc. v. County of Lake

37 Ill. App. 3d 727 · Appellate Court of Illinois · Apr 23, 1976

Rezek testified for plaintiffs after being qualified as an expert consulting civil engineer. … The property is clearly suitable for the proposed purpose.

State of North Dakota v. Prince

2025 IL App (3d) 240514 · Appellate Court of Illinois · Nov 18, 2025

The APN clearly references the disclosure statement and describes it in a way in which its identity may be ascertained beyond doubt. See 11 Samuel Williston & Richard A. … TILA disclosure, which is equivalent to the disclosure statements before this court, established the “amount in question.”

Richard's Tire Co. v. Zehnder

295 Ill. App. 3d 48 · Appellate Court of Illinois · Mar 6, 1998

However, our review of the record leads us to clearly conclude that plaintiffs machinery is primarily used in the process of manufacturing retread tires. … This standard is well established in Illinois jurisprudence. See, e.g., Colorcraft Corp. v. Department of Revenue, 112 Ill. 2d 473, 481-82 (1986); Rodman v.

People v. Tara

367 Ill. App. 3d 479 · Appellate Court of Illinois · Sep 1, 2006

Beall makes several arguments why Blecker’s puncture wound should not qualify as a “serious physical injury.” … Thus, whether an injury qualifies as a “serious physical injury” depends on its severity.

Metropolitan Alliance of Police v. State of Illinois Labor Relations Board

345 Ill. App. 3d 579 · Appellate Court of Illinois · Dec 24, 2003

Thus, the Board’s decision should be affirmed unless it is found to be clearly erroneous. II. … The Board’s latter finding was not clearly erroneous.

Copeland v. McLean

327 Ill. App. 3d 855 · Appellate Court of Illinois · Feb 6, 2002

[Petitioner] has established that said conduct had an adverse effect on her which is necessary for a finding of mental cruelty.” … The trial court was entitled to conclude subjecting an elderly, terminally ill woman to any form of hardship, as here, qualified as mental cruelty.

Johnson v. Chicago Transit Authority

District Court, N.D. Illinois · Jun 23, 2020

“To establish disability discrimination, a plaintiff must prove that, (1) she [has a disability] within the meaning of the ADA, (2) she is qualified to perform the essential functions of the job, either with or without … Plaintiff’s diagnosis of an overactive bladder clearly involves the operation of a major bodily function specifically included under the definition of a major life activity.

Edwards v. Schillinger

245 Ill. 231 · Illinois Supreme Court · Apr 21, 1910

On November 8, 1902, the corporation was adjudged a bankrupt by the district court of the United States in Missouri, and the complainant was elected trustee of the estate and qualified as such. … The court said that it would be neither just nor wise to bestow upon foreign corporations having property within this State and exercising powers and privileges here, immunity of exemption from observance of their contracts

Triple A Services, Inc. v. Rice

174 Ill. App. 3d 654 · Appellate Court of Illinois · Aug 19, 1988

Instead, plaintiffs’ evidence clearly established that before enacting the ordinance the city council did not consider any preenactment examinations or studies of the impact of mobile food vendors or their vehicles on the … Holtzman (1956), 8 Ill. 2d 87 , 93: ‘The mere fact that political rights and questions are involved does not create immunity from judicial review.

People v. Cooper

64 Ill. App. 3d 880 · Appellate Court of Illinois · Oct 19, 1978

Stat. 1975, ch. 38, par. 105 — 1.01 et seq.), seeking the appointment of two qualified psychiatrists to examine the defendant, pursuant to the Act. … Further, the evidence showed that the defendant had engaged in aggressive sexual advances, forcing himself upon an 11-year-old girl— conduct clearly manifesting a mental disorder.

People v. Willingham

2020 IL App (1st) 162250 · Appellate Court of Illinois · Nov 12, 2020

Willingham argues this affidavit qualifies as newly discovered evidence because “there is no indication that either the State or Mr. … Further, “[m]atters of trial strategy are generally immune from claims of ineffective assistance of counsel.” People v. Smith, 195 Ill. 2d 179, 188 (2000).

Reo Movers, Inc. v. Industrial Commission

226 Ill. App. 3d 216 · Appellate Court of Illinois · Feb 21, 1992

At the time of the filing of the claim, the contract between REO and Jones would hardly qualify as an “old record.” … situation has been established.

Marcus v. Sullivan

793 F. Supp. 812 · District Court, N.D. Illinois · May 26, 1992

Plaintiffs clearly are the prevailing parties. … Plaintiffs are entitled to fees, absent special factors, unless the Secretary can establish that his position was substantially justified.

United States v. Wolf

375 F. Supp. 3d 428 · District Court, S.D. Illinois · Mar 21, 2019

DISCUSSION Ann argues that she qualifies for relief under 21 U.S.C. § 853 (n)(6)(A). 9 To prevail under that subsection, a petitioner must establish, by a preponderance of the evidence, that she has a "legal right, title, … Although state law will not protect the rights Ann has in the property from forfeiture that is properly authorized under federal law, Ann does not claim that the Properties are immune from forfeiture because of a protection

Mead Corp. v. Department of Revenue

308 Ill. Dec. 566 · Appellate Court of Illinois · Jan 12, 2007

App. 3d at 480 ), nor has it established as clearly erroneous the conclusion that the gain was business income (see Texaco-Cities, 182 Ill. 2d at 268 ). … For the reasons stated above, Mead has not established as clearly erroneous the court’s conclusion that the gain from the sale of Lexis/Nexis was apportion-able business income.

Westlake Hospital Ass'n v. Blix

13 Ill. 2d 183 · Illinois Supreme Court · Jan 24, 1958

This they clearly would have had the power to do unless their action was invalidated by the presence of additional directors improperly selected. … Plaintiffs further argue that two members of the 15-man board were not qualified to hold office at the time the bylaws were again amended in 1955.