Case law

McFadden ex rel. McFadden v. Board of Education

984 F. Supp. 2d 882 · District Court, N.D. Illinois · Jul 9, 2013

Abstract injury is not enough to establish injury in fact; the plaintiffs must establish that they have sustained or are immediately in danger of sustaining some direct injury. See City of Los Angeles v. … A gifted program that segregates children in their core academic classes based on their ethnicity, however, does not qualify.

Melliere v. Luhr Bros., Inc.

302 Ill. App. 3d 794 · Appellate Court of Illinois · Jan 14, 1999

For purposes of venue, there are three distinct ways that the residency of a corporation can be established. … Clair County and that the airport facility qualified as an other office under the venue statute. We will only address the other office provision of the venue statute.

Schreiber v. County of Cook

388 Ill. 297 · Illinois Supreme Court · Nov 22, 1944

Marx, 370 Ill. 264 , specifically relied upon by appellant, establishes nothing to the contrary. … It will be observed that the special immunity and privilege complained of is imposed upon or in favor of a taxing district or municipal or public corporation.

Rippley v. Teamsters Local 50

District Court, S.D. Illinois · Feb 6, 2023

Here, Plaintiff has sufficiently established his indigence. He has no income and has approximately $800 in his checking or savings account. … The Court may dismiss a case if it determines the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins

Chicago Board of Education v. Payne

102 Ill. App. 3d 741 · Appellate Court of Illinois · Dec 22, 1981

Payne’s conduct in 1976 was clearly irremediable. The hearing officer erred in finding to the contrary. … Clearly, this provision was intended to be a “sword” for the Board rather than a “shield” for a teacher.

People ex rel. Forrest v. Winston-Bey

252 Ill. App. 3d 924 · Appellate Court of Illinois · Aug 19, 1993

The decision of the trier of fact will not be reversed on appeal unless it is clearly erroneous. Gulley, 198 Ill. App. 3d 91 , 555 N.E.2d 752 . … In this case, the jury found it was reliable and, based on Boonlayangoor’s testimony, that finding was not clearly erroneous.

Tate v. The City of Chicago

District Court, N.D. Illinois · May 20, 2019

Additionally, the Court needs to consider the defenses set forth by the parties, including the asserted defense of qualified immunity. … In this situation, bifurcation will not avoid a second trial….”); Awalt, 2012 WL 1161500, at *12 (“In addition, it is likely that some of the Defendants in this case will assert immunity from liability—qualified immunity

Kluk v. Lang

125 Ill. 2d 306 · Illinois Supreme Court · Nov 21, 1988

In addition, the principle is well established that the Constitution is not a grant of power to the General Assembly but only checks the latter’s power. (Client Follow-Up Co. v. … In addition, the Election Code elsewhere clearly implies that the party committees in their appointment capacity are to be considered public agencies.

Hall v. Illinois Property Tax Appeal Board

98 Ill. App. 3d 824 · Appellate Court of Illinois · Jul 23, 1981

In so doing, we must be mindful that the burden is on the person claiming the exemption to prove clearly and conclusively that he is entitled to one. People ex rel. County Collector v. … Neither at the original hearing, nor on remand, did plaintiff establish that the work constituted maintenance and repair under the statute.

People v. Reyes

102 Ill. App. 3d 820 · Appellate Court of Illinois · Dec 9, 1981

We hold that there was ample evidence to establish probable cause. … Ikram was qualified as a pathologist, there was no showing that he was qualified to give his opinion as to matters relating to ballistics and firearms.

Midwest Petroleum Marketers Ass'n v. City of Chicago

82 Ill. App. 3d 494 · Appellate Court of Illinois · Mar 13, 1980

Newbold, director of the Chicago bureau of fire prevention, testified that the primary concern of fire officials with respect to safety at self-service gasoline stations is proper supervision of the self-service pumps by a qualified … A reviewing court may set aside administrative regulations only if they are clearly arbitrary, capricious or unreasonable. Illinois Coal Operators Association v.

Cathedral Rock of Granite City, Inc. v. Illinois Health Facilities Planning Board

308 Ill. App. 3d 529 · Appellate Court of Illinois · Oct 19, 1999

It is not clearly evident that the Board should have denied the CON. … Code § 1110.230(c) (1996)); (2) Rosewood was a qualified health care service provider for the community (77 Ill. Adm.

Gillmore v. ILL. DEPT. OF HUMAN SERVICES

345 Ill. App. 3d 497 · Appellate Court of Illinois · Jan 19, 2005

The Department held as follows: "In this case, the annuity clearly does not pay benefits in approximately equal periodic payments over the term of the annuity, and the local office correctly determined that, accordingly, … State's Administrative Regulations Section 5-2(12) of the Public Aid Code (305 ILCS 5/5-2(12) (West 2002)) provides that the "Department shall by rule establish the amounts of assets to be disregarded in determining eligibility

Summers v. Smart

65 F. Supp. 3d 556 · District Court, N.D. Illinois · Aug 21, 2014

It is established “with unmistakable clarity” that states have a “right to require candidates to make a preliminary showing of substantial support in order to qualify for a place on the ballot.” … order to qualify for a place on the ballot.”).

Baxter International, Inc. v. AXA Versicherung

320 F.R.D. 158 · District Court, N.D. Illinois · Mar 30, 2017

Jan, 8, 2016) (“[T]he commencement of the lawsuit does not automatically qualify a company’s internal reports as work product.”) (quoting E.E.O.C. v. Commonwealth Edison, 119 F.R.D, 394, 396 (N.D. … AXA’s response to Baxter’s motion to compel clearly supports this characterization of AXA’s position.

CitiMortgage, Inc. v. Adams

2015 IL App (5th) 130470 · Appellate Court of Illinois · Aug 21, 2015

The letter also informed defendants they may qualify for other options. ¶ 13 On May 16, 2013, the circuit court entered an order that reset the matter for confirmation of sale. … Plaintiff to complete review of Defendants[’] request to participate in foreclosure prevention program and properly notify Defendants of its determination.” ¶ 38 The language of this order clearly establishes

Lampropulos v. Kedzie Ogden Building Corp.

4 Ill. 2d 32 · Illinois Supreme Court · Oct 25, 1954

the latter owner of all stock with the possible exception of four shares owned by William and another party, neither of whom had any real interest in the business, because such shares were listed in their names merely to qualify … ■Appellant does not seriously pursue the contention that Charles bought the property as agent for all the brothers, and a review of the record fails to disclose any evidence reasonably or clearly establishing that such was

People v. Fetter

227 Ill. App. 3d 1003 · Appellate Court of Illinois · Apr 10, 1992

Before reversing a sentence imposed by the trial court it must be clearly evident that the sentence was wrongfully imposed. (People v. Ward (1986), 113 Ill. 2d 516, 526 .) … Upon reviewing the record in its entirety, we cannot say that it is clearly evident that the defendant’s sentence was improperly imposed.

Forest Preserve District v. Kercher

394 Ill. 11 · Illinois Supreme Court · May 21, 1946

The jury in the instant case had inspected the premises, and the testimony as to the effect of the zoning ordinance was clearly presented by the evidence. … Heavey, to testify as to use and value of lands for the reason that said witness was not qualified to so testify.

Midwest Micro Media, Inc. v. MacHotka

76 Ill. App. 3d 698 · Appellate Court of Illinois · Sep 25, 1979

For such an injunction to issue, the plaintiff must establish: (1) that he possesses a certain and clearly ascertained right which needs protection; (2) that he will suffer irreparable injury without the protection of an … We conclude that the plaintiff has not established his right to a preliminary injunction in compliance with these requirements.