Case law

Village of Plainfield v. American Cedar Designs, Inc.

316 Ill. App. 3d 130 · Appellate Court of Illinois · Nov 20, 2000

When faced with an issue presenting a mixed question of law and fact, we must consider the matter according to the clearly erroneous standard of review. Zeitz v. Village of Glenview, 304 Ill. … As previously stated, section 3 of ordinance 674 provides that the “open storage of building material and equipment” may not be “established or expanded” in a residential district. (Emphasis added.)

Musinski v. Staudacher

928 F. Supp. 739 · District Court, N.D. Illinois · Jun 10, 1996

“[A] right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiffs cause of action.” … Accordingly, this suit, though it purports to raise only state law claims, is necessarily federal in character by virtue of the clearly manifested intent of Congress.

Rzesutko v. Hooper

322 Ill. 519 · Illinois Supreme Court · Oct 28, 1926

While the witness spoke of a building line no such line appears on the plat, and his testimony, taken all together, clearly shows that he intended to speak of the street or front line of the lot. … It follows that appellees sufficiently established their exclusive possession of the premises.

United States v. Heitler

274 F. 401 · District Court, N.D. Illinois · May 6, 1921

This was clearly illustrated on the trial. … Numerous defendants were dismissed, not because the evidence failed to establish a criminal case against them, but because it failed to establish the offense of conspiracy against them.

Stanila v. Joe

2020 IL App (1st) 191890 · Appellate Court of Illinois · Dec 22, 2020

Clearly, defendant’s July 25, 2019, motion, which on its face, was of the type contemplated by the Code and was timely filed. … CONCLUSION - 12 - No. 1-19-1890 ¶ 29 In sum, the record before us does not establish this court’s jurisdiction to consider defendant’s appeal and we must, therefore

Mashni Corp. v. Laski

Appellate Court of Illinois · Jun 21, 2004

Reading these provisions together, we conclude that the revocation documents filed in this instance were deficient and, therefore, did not qualify as "revocations." … We find that there were clearly stated statutory standards for revocation documents and that the trial judge erroneously disregarded these standards.

Hamilton v. Chrysler Corp.

281 Ill. App. 3d 284 · Appellate Court of Illinois · May 23, 1996

The issue presented by Chrysler’s first assignment of error on appeal is whether the instant action qualifies for the application of the savings provisions of section 13 — 217. … Both his original and amended complaints in this action clearly attempt to plead MVFA claims against the defendant in favor of the plaintiff individually.

People Ex Rel. Seegren v. Sackett

351 Ill. 363 · Illinois Supreme Court · Feb 23, 1933

The printing of the names of the five candidates for commissioners on the ballot in the present case did not vitiate their election or the election establishing the park district, inasmuch as the act does not declare that … Eault is also found by appellee in his allegation that appellants had failed to qualify for the offices of commissioner.

Walt Disney Productions v. Fred A. Niles Communication Center, Inc.

253 F. Supp. 1 · District Court, N.D. Illinois · Mar 16, 1966

by citations of prior art by the Patent Office, is clearly overcome. … However, such gross variations clearly go beyond the claim in light of the purpose of the invention.

RETAIL LIQUOR DEALERS ASS'N OF ILL. v. Fleck

408 Ill. 219 · Illinois Supreme Court · Jan 18, 1951

commission pass upon the qualifications of an applicant for State liquor retailer's license, (other than manufacturers, distributors or importing distributors, nonbeverage users, railroads and boats for which authority is clearly … Section 7a of article VII is authority for the establishing of a license appeal commission for each city, village or incorporated town having a population of over 200,000, *224 and the next section provides for an appeal

City of Park Ridge v. Illinois Labor Relations Board

2024 IL App (1st) 221924-U · Appellate Court of Illinois · Oct 28, 2024

The City argues that that  1-22-1924 the Board’s decision is clearly erroneous. … Ortlund did not believe that section 10.6 of the CBA allowed the fire chief to establish which employees were qualified to trade shifts.

People v. Perez

108 Ill. 2d 70 · Illinois Supreme Court · Jul 17, 1985

In the instant case defendant points out that while the evidence clearly established that he stabbed Cook, it also showed that other inmates participated in the attack. … Such evidence was clearly relevant as an aggravating factor at the second stage of the hearing.

Health Cost Controls v. Skinner

845 F. Supp. 567 · District Court, N.D. Illinois · Jan 20, 1994

(“HMO Illinois”) has been the provider of “managed care services” for some participants under an employee welfare benefit plan established by Mobil Oil Corporation (“Mobil”) — in this instance such services were provided … But because HCC’s claimed “fiduciary” status is used as the springboard for its asserted action under Section 1132(a)(3), and because HCC’s ability to bring this lawsuit under that provision is so clearly nonexistent, this

United States v. Infelise

835 F. Supp. 1466 · District Court, N.D. Illinois · Jul 15, 1993

When reviewing evidence at sentencing, the Seventh Circuit has clearly established that it is appropriate to apply the preponderance of the evidence standard. See United States v. … First, Judge Zagel relied on Section 2A2.1 to establish a base offense level of 20.

People v. Williams

188 Ill. 2d 293 · Illinois Supreme Court · Oct 21, 1999

A finding of not guilty will qualify as an acquittal for double jeopardy purposes when there was insufficient evidence to establish as a matter of law some or all of the essential elements of the crime. People ex rel. … Even then, the court did not attempt to qualify or condition its decision. It merely stated that it would be willing to consider additional authority.

Bowman & Bull Co. v. Postal Telegraph-Cable Co.

290 Ill. 155 · Illinois Supreme Court · Oct 27, 1919

477 , it was held that the highest court of a State may administer the common law according to its own understanding and interpretation without liability to a review in the Federal Supreme Court, unless some right, title, immunity … The insured rate is clearly impossible to apply and is prohibitive, and is meant to be. The recovery on a repeated message is wholly inadequate on a transaction of any size.

Bradley v. Doe

District Court, N.D. Illinois · Nov 8, 2024

Under 4 The Kane County Defendants also argue that qualified immunity protects the Sheriff and the Correctional Officers from claims brought against them in their individual capacity, but they base this argument solely … Having found that Bradley has sufficiently linked Keaty to the denial of an accessible cell and necessary disability management items on March 10, 2023, the Court does not find the qualified immunity argument persuasive

People v. Rowell

2021 IL App (4th) 180819 · Appellate Court of Illinois · Jan 26, 2021

In 2016, the State of Illinois passed a law stating that a licensed user of medical cannabis “shall not be considered an unlawful user” and that medical cannabis “purchased by a qualifying patient at a licensed … However, Illinois law clearly provides that if the officers had probable cause to search the vehicle for cannabis, they were justified in searching any containers that had a reasonable likelihood of containing

Redman v. State of Illinois

District Court, C.D. Illinois · Mar 3, 2023

Plaintiff believes this delay establishes a constitutional violation. B. … Additionally, officers responsible for an inmate’s continued detention until residential housing can be established are entitled to qualified immunity.

Doe v. The University of Chicago Medical Center

2015 IL App (1st) 133735 · Appellate Court of Illinois · Jun 9, 2015

The defendant has the initial burden of establishing that the affirmative matter defeats the plaintiff’s claim. Id. … The defendant moved to dismiss under section 2-619(a)(9), claiming statutory tort immunity for a discretionary act.