Case law

People v. Anderson

234 Ill. App. 3d 899 · Appellate Court of Illinois · Aug 31, 1992

This comment clearly addressed the central premise of our legal system, that one is innocent until proven guilty. … The evidence clearly and convincingly shows that defendant killed decedent.

People v. Workman

Appellate Court of Illinois · Mar 17, 2000

It is well established that even a layperson is competent to testify regarding a person's intoxication from alcohol, because such observations are within the competence of all adults of normal experience. … not qualified to give expert testimony on the complex physiological effects that alcohol produces in diabetics.

Ward v. Sternes

209 F. Supp. 2d 950 · District Court, C.D. Illinois · Jun 27, 2002

as a decision ‘involving] an unreasonable application of ... clearly established Federal law.’ ” Williams, 529 U.S. at 407-08 , 120 S.Ct. 1495 . … However, Ward bases his claim on clearly established federal law as determined by the Supreme Court. Therefore, Respondent’s reliance on Teague’s prohibition of “new rules” is misplaced. Teague v.

Doggett v. Dill

108 Ill. 560 · Illinois Supreme Court · Jan 23, 1884

Doggett, appellant, who was named as executrix, qualified as such in the probate court of Cook county. Doggett, at the time of his death, and for many years before, was a member of the firm of Doggett, Barrett & Hills. … regard to the state of the accounts between the partners themselves, or to the ability of the survivor to pay. ” Lindley on Partnership, 1053, says: “Whatever doubt there may formerly have been upon the subject, it was clearly

Board of Education v. Regional Board of School Trustees

88 Ill. App. 3d 121 · Appellate Court of Illinois · Aug 29, 1980

Dye also stated that additional levies could be made in the workmen’s compensation and tort immunity funds, thereby granting approximately $20,800. According to Dr. … The League believes that the establishment of coterminous boundaries is essential for a sense of community identity and for the avoidance of the duplication of services.

Jankowski v. Dean Foods Co.

378 F. Supp. 3d 697 · District Court, E.D. Illinois · Apr 25, 2019

Disability Under the ADA To establish either a discrimination or failure-to-accommodate claim under the ADA, plaintiff must establish that he is disabled within the meaning of the statute. … Count II of plaintiff's amended complaint clearly contains a claim based on Dean's retaliatory failure to return him to work as well as retaliatory discharge: 79.

Sanitary District v. Industrial Commission

343 Ill. 236 · Illinois Supreme Court · Feb 18, 1931

At that time he was run down, highly nervous, anaemic, had neuritis, and the doctor immuned him for typhoid fever. The doctor was not able to determine what caused this condition. … It is not the province of the court to substitute its judgment for that of the commission unless the court can see that the finding of the commission was clearly and manifestly against the weight of the evidence.

In re Estate of Lasley

2015 IL App (4th) 140690 · Appellate Court of Illinois · Feb 3, 2016

According to the motion, -2-  “DNA testing provides a means to establish with certainty the relationship of the individuals in question and ascertain that … Regardless of the affidavits petitioner attached to his complaint, Fontaine clearly alleged decedent was not the biological or adoptive father of Inda, Marean, or Timmy.

Village of Franklin Park v. Illinois State Labor Relations Board

265 Ill. App. 3d 997 · Appellate Court of Illinois · Jun 23, 1994

We will reverse agency findings of fact on review only if they are against the manifest weight of the evidence and it is clearly evident that the agency should have reached the opposite conclusion. … Which issues are mandatory, and which are not, will be very fact-specific questions, which the IELRB is eminently qualified to resolve.”

Davis v. Davis

638 F. Supp. 862 · District Court, N.D. Illinois · Jun 25, 1986

This Court rejects it and finds PKPA immune to constitutional attack on Tenth Amendment grounds. Conclusion There is no dispute as to any material fact, and Linda is entitled to a judgment as a matter of law. … [A], at 1, ¶ 1) clearly states: The Petitioner was domiciled in the State of Illinois and County of Cook for ninety (90) days next preceding the making of the findings.

Barliant v. Follett Corp.

138 Ill. App. 3d 756 · Appellate Court of Illinois · Sep 24, 1985

On remand, Judge Albert Green found that the firm that presently represents the class is qualified and that Barliant’s delay in notifying defendant of the alleged breach was not unreasonable. … Subsection (3) states: “(3) conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract.

Skelton v. General Motors Corp.

661 F. Supp. 1368 · District Court, N.D. Illinois · Feb 11, 1987

“Eligible Qualified Repair Expenses” are calculated according to the following table: Occurrence of Qualified Repair Expenses_ Amount of Qualified Repair Expense Eligible for Pro Rata Distribution Prior to and including 24,000 … In the case of multiple Qualified Repair Expenses incurred as to a particular vehicle within the first 50,-000 miles, in which one or more of the Qualified Repair Expenses is unreimbursed, any such unreimbursed Qualified

South Central Bank & Trust Co. v. Citicorp Credit Services, Inc.

811 F. Supp. 348 · District Court, N.D. Illinois · Dec 21, 1992

Further, First Chicago reassured South Central that it would reject those not qualified. First Chicago did in fact conduct full investigations of merchant applicants and reject those not qualified. … We agree that the express terms of the Agreement clearly place the duty on South Central to investigate the financial condition of a merchant before submitting that merchant’s application to the principal bank.

Hladek v. City of Calumet City

District Court, N.D. Illinois · Aug 6, 2020

Alabama, 357 U.S. 449, 460 (1958)), and 42 U.S.C. § 1983 provides that any person who causes the deprivation of “any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party … To establish individual liability under § 1983, a plaintiff must establish that the 4 “defendant was personally responsible for the deprivation of

Waukegan Potawatomi Casino, LLc v. City of Waukegan

District Court, N.D. Illinois · Mar 29, 2024

it “absolute immunity” against all claims. … This is because, in enacting § 1983, “Congress did not intend to override well-established immunities or defenses under the common law,” such as “[t]he doctrine of sovereign immunity.” Id.

Rogers v. BAXTER INTERNATIONAL INC.

710 F. Supp. 2d 722 · District Court, N.D. Illinois · May 3, 2010

the assets of the plan. (3) (A) After December 31, 1984, a plan may not hold any qualifying employer securities or qualifying employer real property (or both) to the extent that the aggregate fair market value of such securities … Specifically, Baxter common stock was both stock and a qualifying employer security.

Cunningham v. Brown

22 Ill. 2d 23 · Illinois Supreme Court · Jan 20, 1961

Clearly the mere statement of a claim in several ways, by multiple counts, does not warrant separate appeal; and a trial court, where such is the case, cannot confer appellate jurisdiction by a finding that there is no just … a liability without fault and not an immunity from full compensatory damages where there is fault.

People v. Wheatley

187 Ill. App. 3d 371 · Appellate Court of Illinois · Aug 11, 1989

The State’s witnesses established the following. … On appeal, defendant relies solely on Millan, which is clearly distinguishable from the present case. In Millan, the State moved to add a witness three days prior to trial.

People v. Edwards

2012 IL 111711 · Illinois Supreme Court · Apr 19, 2012

The legislature was clearly aware of the frivolous or patently without merit language in 2004, when section 122- 1(f) was added, and could have incorporated it into that section if it chose to do so. … These statements clearly support our conclusion that the “colorable claim of actual innocence” standard should apply, as opposed to the first-stage standard urged by petitioner.

Gersch v. Department of Professional Regulation

308 Ill. App. 3d 649 · Appellate Court of Illinois · Nov 5, 1999

The party challenging the validity of a statute bears the burden of clearly establishing any constitutional invalidity. … The action taken by the Department merely restored him to the license for which he was qualified, that of the lower tier.