Case law

Magnaflux Corporation v. Foerster

223 F. Supp. 552 · District Court, N.D. Illinois · Oct 18, 1963

for service of process, and those that do some business in the state without qualifying. … Depositions of four of the salesmen at the Chicago office establish the following additional activities in Illinois (although it is not established quantitatively how substantial the activities are): (1) McGregor testified

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.

Central States Threshermen's Reunion, Inc. v. Department of Revenue

219 Ill. App. 3d 26 · Appellate Court of Illinois · Sep 12, 1991

The burden of proving and establishing a right to exemption is upon the party seeking the exemption. (Harrisburg-Raleigh, 126 Ill. 2d at 331 , 533 N.E.2d at 1074 .) … It is therefore incumbent upon the plaintiff to show clearly that the organization and the use of its property come within the provisions of the statute and the constitution. Rogers Park Post No. 108 v.

Clark v. Illinois State Board of Elections

2014 IL App (1st) 141937 · Appellate Court of Illinois · Oct 17, 2014

County of Cook, 191 Ill. 2d 493, 503 (2000) (interpreting the Local Governmental and Governmental Employees Tort Immunity Act); Barnett v. … Under the clause, every qualified voter has a right to vote and all votes must have equal influence. Chicago Bar Ass’n v. White, 386 Ill. App. 3d 955, 959 (2008).

Rabin v. Karlin and Fleisher, LLC

Appellate Court of Illinois · Mar 18, 2011

Rather, an employee must show that the discharge violated the public policy that the cited provision clearly mandates.”). … The phrase ‘clearly mandated public policy’ implies that the policy will be recognizable simply because it is clear.

Jackson v. Wojcik

District Court, N.D. Illinois · May 14, 2024

While Jackson agrees that Crowns is immunized for his trial testimony, “that immunity does not extend to a witness’s participation in the investigation of a case.” Id. at 4 (citing Stinson v. … For example, we have accorded only qualified immunity to law enforcement officials who falsify affidavits and fabricate evidence concerning an unsolved crime.”)

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

Glaser v. Upright Citizens Brigade, LLC

377 F. Supp. 3d 387 · District Court, S.D. Illinois · Mar 28, 2019

In order to do so, a plaintiff "must establish that she received remuneration in some form for her work." Id. at 92. … Accordingly, Glaser has failed to allege facts sufficient to establish that he was compensated in a manner sufficient to qualify him as an "employee" of UCB LLC at the time of the conduct at issue in this suit.

Mitchell v. Michael's Sports Lounge

240 N.E.3d 603 · Appellate Court of Illinois · Dec 13, 2023

See Ferguson, 202 Ill. 2d at 313 (finding that the one-year limitation period in the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/8-101 (West 1998)) required the plaintiff to file her medical … We find that this is clearly a sudden traumatic event, which would trigger the one-year limitation period under the Dramshop Act.

Koulegeorge v. Human Rights Commission

250 Ill. Dec. 208 · Appellate Court of Illinois · Sep 29, 2000

It would be unnecessary to require a respondent to present testimony or other evidence where a petitioner has clearly failed to meet its initial burden of establishing a prima facie case, as more fully discussed below regarding … The ALJ clearly applied the correct standard in considering the evidence presented by petitioner.

McBride v. McLean County

District Court, C.D. Illinois · Jun 24, 2019

Accordingly, in order to effectively claim absolute legislative immunity, this Court must look at whether the actions undertaken by Barnes and Wasson qualify as legitimate legislative activity and whether they were acting … The Seventh Circuit has held that an employer who fired an employee after she exposed corrupt practices was not immune from retaliatory discharge under the Tort Immunity Act, because the employer failed to establish that

United States v. Miscellaneous Pornographic Magazines

541 F. Supp. 122 · District Court, N.D. Illinois · Jun 11, 1982

Nor, in fact, does the standard require the Government to establish that its decision to litigate was based on a substantial probability of prevailing. … There is no conceivable way in which a constitutional defense to a forfeiture action can qualify as “an action or proceeding to enforce a provision of Section . . . 1983. ...”

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.

Roy v. Coyne

259 Ill. App. 3d 269 · Appellate Court of Illinois · Feb 15, 1994

Ct. 1920 (allocating to a § 1983 defendant the burden of pleading qualified immunity and explaining that it did so for the reasons discussed above). … Assuming the truth of these assertions, as we must for section 2 — 615 purposes, Patrick Coyne clearly interfered with plaintiffs’ contractual relations and business opportunities without justification.

City of Evanston v. Illinois State Labor Relations Board

227 Ill. App. 3d 955 · Appellate Court of Illinois · Mar 30, 1992

The Department has no authority to deviate from the procedures established by the hospital. St. … The above hierarchy suggests that the AFC-S and DC-EMS do not qualify as managerial employees.

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.”

People v. Reese

121 Ill. App. 3d 977 · Appellate Court of Illinois · Feb 14, 1984

involving an identical attack on the imposition of an extended-term sentence under section 5 — 5— 3.2(b), “[tjo characterize this action as if it was an everyday occurrence to which society’s sense of outrage has become immune … We find defendant’s acts to be clearly indicative of wanton cruelty.” People v. Hudson (1981), 102 Ill. App. 3d 346, 353 , 430 N.E.2d 51 , appeal denied (1982), 91 Ill. 2d 554 .

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.

Jackson Paper Manufacturing Co. v. Commercial National Bank

99 Ill. App. 108 · Appellate Court of Illinois · Dec 24, 1901

Probably no single act done by Jackson by authority of the company, and with its knowledge, could be held to be sufficient to authorize the act here in question, but taking them all together, the jury were not so clearly … , and the power of transferring it to others with the same immunity which attaches in his hands, is incident to his legal right and necessary to sustain the character and value of the instrument as property, and to protect

Rogers v. Love

District Court, C.D. Illinois · Jan 24, 2024

are entitled to qualified immunity. … Qualified Immunity The Court has found that Defendants’ conduct did not violate Plaintiff’s Eighth and Fourteenth Amendment rights.