Case law

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.

Nadzhafaliyev v. Hardy

District Court, N.D. Illinois · Nov 30, 2020

Finally, Defendants argue that they are entitled to qualified immunity. … To decide whether Defendants are entitled to qualified immunity, the court asks two questions: “first, whether the constitutional right asserted by the plaintiff[ ] was clearly established at the time the defendants acted

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.”)

Capitol Converting Equipment, Inc. v. LEP Transport, Inc.

750 F. Supp. 862 · District Court, N.D. Illinois · Jul 19, 1990

Under § 1-205(3), a course of dealing between parties “give[s] particular meaning to and supplements] or qualifies] terms of an agreement.” … 205(3), it also clearly establishes that course of dealing should be accorded more weight in contract construction: *866 The express terms of an agreement and an applicable course of dealing or usage of trade shall be construed

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.

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. ...”

Samuelson v. COOK COUNTY OFFICERS

360 Ill. Dec. 658 · Appellate Court of Illinois · Apr 27, 2012

A decision is clearly erroneous when a reviewing court holds a "definite and firm conviction that a mistake has been committed." (Internal quotation marks omitted.) … We disagree. ¶ 35 We note that we may only reverse the Board's decision to apply the substantial compliance standard if it is clearly erroneous.

Dynek v. City of Chicago

2020 IL App (1st) 190209 · Appellate Court of Illinois · Jun 11, 2020

Moreover, an instruction does not justify reversal unless it “clearly misled the jury and resulted in prejudice to the appellant.” Schultz, 201 Ill. 2d at 274. … A special interrogatory’s response is inconsistent with a general verdict only where it is “clearly and absolutely irreconcilable with the general verdict.” (Internal quotation marks omitted.) Id. at 555-56.

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 .

Equal Employment Opportunity Commission v. Chicago Miniature Lamp Works

622 F. Supp. 1281 · District Court, N.D. Illinois · Oct 30, 1985

Goerges was one of the three candidates they considered qualified. 134. … Accordingly it will be assumed arguendo Randolph has also met the condition that he was qualified for the position, thus establishing a prima facie case.

Wells v. Travis

284 Ill. App. 3d 282 · Appellate Court of Illinois · Oct 16, 1996

The court reasoned: "Holding that the limitation period is not triggered until a prospective malpractice plaintiff secures an expert witness qualified to testify to the described necessary elements for a prima facie case … Medical negligence cases typically turn on opinion witnesses to establish the standard of care and breach of that standard. See DeLuna v. St.

Mitchell Buick & Oldsmobile Sales, Inc. v. National Dealer Services, Inc.

138 Ill. App. 3d 574 · Appellate Court of Illinois · Nov 20, 1985

When dealing with wholesale buyers who are not established in your area, demand payment by certified check. Never accept sight drafts. … Also, there appears to be no other indication as to who to contact, i.e., who qualified as an authorized agent, for the purpose of filing a claim.

Brooks v. City of Elmhurst

District Court, N.D. Illinois · Oct 18, 2019

In addition, Defendants address the issue of qualified immunity in their briefing; however, after reviewing the record and the parties’ briefing, the Court has determined it unnecessary to analyze the issue of qualified … immunity within the context of this case because Officers have established that they had probable cause to arrest.

In Re Detention of Stanbridge

408 Ill. App. 3d 553 · Appellate Court of Illinois · Mar 30, 2011

In addition, although the court stated in its February 2010 written order that it considered Witherspoon’s amended psychological evaluation, the court’s February 2010 order clearly shows that it placed greater emphasis on … See Hardin, 238 Ill. 2d at 49 , 932 N.E.2d at 1025 (as long as the evidence establishes a plausible account, probable cause is established).

People v. Hamilton

100 Ill. App. 3d 942 · Appellate Court of Illinois · Oct 5, 1981

Ct. 1770 , is cited by Hamilton as authority for his position that the jury was “death-qualified.” … However, it is equally well settled that such an instruction should not be given if the evidence clearly demonstrates that the crime was murder and there is no evidence to support a conviction of manslaughter. People v.

American National Bank & Trust Co. v. City of Highland Park

29 Ill. App. 3d 878 · Appellate Court of Illinois · Jun 30, 1975

Nor did the evidence clearly establish the highest and best use from a purely financial aspect so as to make this a substantial factor in the decision. … This, however, is a qualified right and subject to the zoning powers of the City.

Houston v. City Of Chicago

District Court, N.D. Illinois · Jan 25, 2024

The defendants first seek to dismiss the plaintiffs’ procedural due process claim (as well as their Fourth Amendment claim) by asserting that they are entitled to qualified immunity. … These considerations do not allow the Court to decide the applicability of qualified immunity at this time.

Weinreb v. Xerox Bus. Servs., LLC

323 F. Supp. 3d 501 · District Court, S.D. Illinois · Aug 29, 2018

Weinreb does not satisfy the clinical guidelines and does not qualify for benefits under the Plan. … The percentage of women who qualify for fentanyl benefits for non-cancer pain under the guidelines is 0%.

Chicago Park District v. Illinois Labor Relations Board

354 Ill. App. 3d 595 · Appellate Court of Illinois · Nov 9, 2004

Which issues are mandatory, and which are not, will be very fact-specific questions that the Board, given its experience, is eminently qualified to make. … The District’s refusal to bargain was further established by Mr. Rose’s letter to Ms.