Case law

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.

Martin v. City of Chicago

2023 IL App (1st) 221116 · Appellate Court of Illinois · Nov 15, 2023

An instruction does not justify reversal unless it clearly misled the jury and resulted in prejudice to the appellant. Dynek v. City of Chicago, 2020 IL App (1st) 190209, ¶ 25. … Illinois Power Co., 62 Ill. 2d 456, 468 (1976), the supreme court established the standard for a landowner’s liability for a dangerous condition on the land.

Montgomery Ward & Co. v. United Retail, Wholesale & Department Store Employees of America

330 Ill. App. 49 · Appellate Court of Illinois · Nov 20, 1946

The injunction clearly constitutes a previous restraint on publication. … immunity from previous restraints extends to the false and libelous as well as to the true.

Roberts Park Fire Protection District v. Village of Bridgeview

20 Ill. App. 3d 282 · Appellate Court of Illinois · May 6, 1974

That part of the Village which is located within the District has some residential uses and also some industrial and mercantile establishments. … This court does not wish to be placed in the position of approving a disconnection with resulting substantial loss of tax revenue to the District where the evidence shows so clearly that such action would impair the present

The People v. Davis

10 Ill. 2d 430 · Illinois Supreme Court · Jan 24, 1957

She was subjected to an examination by the court to determine her competency; the court found that the child had sufficient mental perception and moral understanding to qualify her to speak as a witness. … It was given t^ '•ebut the direct evidence given by the defendant, and was clearly admissible for that purpose.

Peoria Housing Authority v. Sanders

2 Ill. App. 3d 610 · Appellate Court of Illinois · Dec 8, 1971

Defendant's income was sufficiently low that she qualified under the Housing Authority's program and an apartment was rented to her. … The rent was established by the Authority on the basis of defendant's income and expenses.

In re Commitment of Montanez

2020 IL App (1st) 182239 · Appellate Court of Illinois · Mar 23, 2021

Her major disagreement was about whether respondent qualifies as an SVP. ¶ 44 She did not believe that respondent qualified for two reasons. First, his age. … Smith—on the presence of a mental disorder). ¶ 71 Respondent next argues that, “[e]ven if the State established that Mr.

Ryan v. E.A.I. Construction Corp.

158 Ill. App. 3d 449 · Appellate Court of Illinois · Jul 21, 1987

Well-established rules govern Structural Work Act cases. The Act is designed to protect workers engaged in extrahazardous activities from certain risks inherent in the nature of their jobs. (Urman v. … Gordon was not qualified to testify whether the standards were incorporated by reference and even if so qualified, his testimony was an impermissible statutory interpretation. The record shows however that Mr.

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

People v. Bartlett

294 Ill. App. 3d 435 · Appellate Court of Illinois · Jan 27, 1998

To state a cause of action for fraud, a party must establish, inter alla, that a person made a false statement of material fact and that the aggrieved party justifiably relied on the truth of the statement. … the intent of the General Assembly clearly requires otherwise.

Nguyen v. New Link Genetics Corp.

297 F. Supp. 3d 472 · District Court, S.D. Illinois · Mar 29, 2018

As NewLink's most advanced treatment candidate, HyperAcute Pancreas is designed to stimulate the human immune system to recognize and attack cancer cells. (Compl. ¶ 2.) … Litig. , 252 F.3d 63 , 75 (2d Cir. 2001) (selling 80 percent of holdings sufficient to establish motive).

People v. Petty

25 Ill. App. 3d 35 · Appellate Court of Illinois · Jan 23, 1975

In fact, many instances cited by the defendant as evidencing the State’s Attorney’s “prejudicial” remarks and elicitation of “prejudicial” testimony were clearly within the range of permissible latitude and, consequently, … Having considered all of the assignments of error, we are of the opinion that the evidence was sufficient to establish the defendant’s guilt, that she received a fair trial, free from prejudicial error, and that tire maximum

In Re Estate of Hughlett

113 Ill. App. 3d 910 · Appellate Court of Illinois · Mar 8, 1983

There remains for us the question which law determines who qualifies as a member of the class “right heirs,” that in effect at the execution of the will or that in effect at the date of distribution. … Tyler was adopted in 1919 before the will was executed in and of itself would be insufficient to establish a contrary general intent. Cf. Munie v.

Steffes v. Vulcan Materials Co.

144 Ill. 2d 284 · Illinois Supreme Court · Sep 19, 1991

The appellate court in Round Lake held that petitioners were fee title owners of the property in question and thus qualified as “owners of record” for purposes of the relevant annexation statute (Ill. Rev. … Clearly, petitioners took every precaution to make sure their neighbors were unable to thwart their desires for annexation.

Dykhouse v. Mugge

735 F. Supp. 1377 · District Court, C.D. Illinois · Apr 24, 1990

Clearly the allegations contained in Count I do not implicate any of the rights guaranteed by the fifth amendment. … In light of this statute and the explication of the doctrine of qualified immunity in Harlow 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

Bank One, Milwaukee, N.A. v. Loeber Motors, Inc.

293 Ill. App. 3d 14 · Appellate Court of Illinois · Nov 10, 1997

By filing its complaint, Bank One sought to enjoin the dealers from repossessing 10 vehicles and a declaratory judgment establishing Bank One as the rightful owner of said vehicles. … Clearly, Bank One qualifies as a "merchant” with respect to the transactions at issue here.

Rose v. Pucinski

321 Ill. App. 3d 92 · Appellate Court of Illinois · Mar 22, 2001

Plaintiffs are litigants who were compelled to pay the fee when they filed their lawsuits for various causes of action but did not qualify as users of the arbitration system. … The party who challenges a statute’s constitutionality bears the heavy burden of clearly establishing the violation alleged. People v. Jeffries, 164 Ill. 2d 104, 111 , 646 N.E.2d 587 (1995).

Clover v. Griffith

District Court, S.D. Illinois · Mar 3, 2022

Nevertheless, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious or fails to state a claim. 28 U.S.C. § 1915(e)(2)(B)(i) & (ii). … However, judges are afforded absolute immunity for decisions made in their courtroom regarding cases. “The courts have recognized that certain functions deserve absolute immunity.

Armenian Church of Lake Bluff v. Department of Revenue

2011 IL App (1st) 102249 · Appellate Court of Illinois · Jul 22, 2011

We will set aside an administrative decision as clearly erroneous only when we are left with the definite and firm conviction that a mistake was made. Grace Community Church, 409 Ill. … In addition, Reverend Michaels’ residence on the property qualifies as a parsonage, an alternative ground for exemption.