Case law

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

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.

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.

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.

The People v. Anderson

342 Ill. 290 · Illinois Supreme Court · Dec 18, 1930

The first count charged that plaintiff in error was treasurer of the county of Marshall from December 4, 1922, to December 6, 1926, and that on December 6, 1926, after his term of office had expired and his successor had qualified … If section 215 creates two offenses, one in which the amount withheld is $100 or more and one in which the amount withheld is less than $100, then the offense of withholding $100 or more is clearly a felony because the punishment

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.

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.

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.

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

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.

In Re Marriage of Steadman

283 Ill. App. 3d 703 · Appellate Court of Illinois · Sep 16, 1996

Wife contends that this unchallenged testimony establishes that in addition to the "retirement savings plan” or tax-deferred annuity account, a second retirement benefit existed that the parties intended be split equally … Holden, that such a qualified domestic relations order was scheduled to be presented instanter in court on October 19, 1995.

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.

United Airlines, Inc. v. City of Chicago

116 Ill. 2d 311 · Illinois Supreme Court · Apr 16, 1987

The third sentence expressly qualifies the second by providing that it “shall not *** preclude the City from imposing any tax, charge, or permit or license fee not inconsistent with the rights and privileges granted to [the … Even assuming, arguendo, that the language of the use agreements did not clearly establish that the parties did not intend to bar the city from imposing the instant taxes, we would find the airlines’ construction of the agreements

In Re Marriage of Belk

239 Ill. App. 3d 806 · Appellate Court of Illinois · Jul 2, 1992

Regardless of how the issue was raised, however, the court clearly proceeded to decide that Diane had an enforceable claim to part of Allen’s disability payments. … Thus, by the time he started receiving benefits, he had already exceeded 20 years of service, and the wife’s entitlement to the retirement portion was established.

Fenske Bros. v. Upholsterers International Union of North America, Local No. 18

358 Ill. 239 · Illinois Supreme Court · Oct 24, 1934

Yet it was held that laborers may use persuasion to induce men to join their organization or to refuse to work except for an established wage; that they may present their cause to the public in newspapers or circulars in … On the contrary, he who challenges the constitutionality of a legislative act has the burden of clearly showing wherein the act violates the constitution. Every presumption is in favor of the validity of the act.

N.R. Guaranteed Retirement, Inc. v. Firstmark Standard Life Insurance (In Re N.R. Guaranteed Retirement, Inc.)

119 B.R. 149 · District Court, N.D. Illinois · Sep 24, 1990

Since that question essentially involves a factual determination, this court must accept the bankruptcy court’s finding on that point unless it is clearly erroneous. In re Kimzey, 761 F.2d 421 , 423 (7th Cir.1985). … Since the transferor in the instant case also does not qualify for Chap *156 ter 11 protection, the Levinsky decision is clearly inapposite to the instant case.

People v. Taylor

114 Ill. App. 3d 265 · Appellate Court of Illinois · Apr 18, 1983

Bradley held that since the legislature clearly intended to punish those who traffic in drugs more severely than those who merely possess drugs, a statute which established a more severe penalty for possession of certain … He has according to our laws, specifically Chapter 38, 1005— 3.2 [sic] qualified himself for an extended term.”

Hamer v. Village of Deerfield

33 Ill. App. 3d 804 · Appellate Court of Illinois · Nov 25, 1975

These allegations of fact clearly support the plaintiffs’ allegations that the program was compulsory, not voluntary. … City of Rock Island, 45 Ill.App.2d 76, 84-86 ), unless it is established that there is available to the plaintiffs some other plain, adequate and complete method of obtaining the relief to which the plaintiffs are entitled

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%.