Case law

Hamlyn v. Rock Island County Metropolitan Mass Transit District

964 F. Supp. 272 · District Court, C.D. Illinois · Apr 29, 1997

The application form explicitly states: “WHO DOES NOT QUALIFY: [] Applicants whose sole disability is [] AIDS.” … Plaintiff cites to three cases to support his argument that a stigma which causes psychological injury is sufficient to establish irreparable harm and an inadequate remedy at law.

Dayton v. Pledge

2019 IL App (3d) 170698 · Appellate Court of Illinois · Jul 22, 2019

Defendants filed a motion for summary judgment, arguing that plaintiffs’ claims were barred by the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2-202 (West … At trial, the evidence established that a driver has a duty to yield to an emergency vehicle that is immediately approaching.

Home Depot, U.S.A., Inc. v. Department of Revenue

355 Ill. App. 3d 370 · Appellate Court of Illinois · Feb 8, 2005

App. 3d 1129, 1143-45 (2004) (mixed question of law and fact in which the issue of whether the law, as applied to the established facts, is or is not violated receives review under “clearly erroneous” standard. … As demonstrated by the facts of this case, more than one office can arguably qualify as the entity’s most important office.

Cooper v. Illinois Publishing & Printing Co.

218 Ill. App. 95 · Appellate Court of Illinois · Apr 21, 1920

And, so, it is the law, that, although publishing the truth, without malice, carries with it immunity from prosecution, publication of that which is false entails liability. … Until the contrary is established by evidence, we must assume that the facts set forth in that record speak the truth and that they spoke the truth when the defendant’s reporter consulted them.

Colella v. JMS Trucking Company of Illinois, Inc.

Appellate Court of Illinois · Jul 22, 2010

The trial court denied that motion, finding that Brennan’s proffered experience qualified him as an expert. … A trial court’s ruling on a motion for new trial will not be reversed unless there is an affirmative showing that it clearly abused its discretion.

Fleishour v. United States

244 F. Supp. 762 · District Court, N.D. Illinois · Aug 26, 1965

So far as it appears from the face of the Act, Congress has clearly consented to suits such as those involved in the case at bar. … In the face of such testimony, the court cannot conclude that plaintiff has established by a preponderance of the evidence that these officials were negligent and judgment must therefore be entered for the defendant.

Kouzoukas v. Retirement Board of the Policemen's Annuity & Benefit Fund

234 Ill. 2d 446 · Illinois Supreme Court · Sep 24, 2009

Although it is true that the Board’s credibility determinations should be afforded considerable weight, they are not immune from review. … In the case at bar, Kouzoukas presented evidence which established that she had chronic back pain which severely limited her ability to sit, stand, walk, drive, and wear a gunbelt.

Schlosser v. State

2012 IL App (3d) 110115 · Appellate Court of Illinois · Jan 18, 2012

As such, we must determine whether this offense involves the use or threat of physical force or violence against any individual in order to qualify as a forcible felony. 720 ILCS 5/2-8 (West 2010). … Defendant, through his actions both on the computer and in driving to meet someone he thought was a 14-year-old girl, and then telling police he was the girl’s uncle, clearly exhibited the “contemplation” and

Continental Illinois National Bank v. Lenckos

102 Ill. 2d 210 · Illinois Supreme Court · May 25, 1984

This is. clearly in violation of the Act’s goal of imposing a tax measured by net income. … Ed. 481 ], that obligations of the Federal Government are immune from state taxation.

People v. Yancy

306 Ill. Dec. 657 · Appellate Court of Illinois · Dec 29, 2005

Accordingly, we find that the testimony was clearly improper hearsay. See People v. Smith, 256 Ill. … Second, the prior convictions must themselves have been established through procedures that complied with due process.

People v. Smith

257 Ill. App. 3d 252 · Appellate Court of Illinois · Dec 28, 1993

Defendant here clearly is guilty of a Class 4 felony because of his 1978 burglary conviction. … The supreme court ruled this was permissible because no single factor was used both to establish the elements of defendant’s crime and to sentence him to an extended term of imprisonment. (Gonzalez, 151 Ill. 2d at 85 .)

Kalalinick v. Knoll

97 Ill. App. 3d 660 · Appellate Court of Illinois · Jun 11, 1981

It was early established in Weisguth v. … or the basis for the opinion; (4) the author’s authority and identity were not established; (5) the document was without relevance; and (6) it failed to qualify as a business record.

Sorrells v. City of Macomb

44 N.E.3d 453 · Appellate Court of Illinois · Oct 23, 2015

The City also argued that it was immune from liability under section 2-104 of the Local Governmental and Governmental Employees Tort Immunity Act (Illinois Tort Immunity Act) (745 ILCS 10/2-104 (West 2012) … the Illinois Tort Immunity Act (745 ILCS 10/2-103 (West 2012)) (providing immunity to a local public entity for adopting or failing to adopt an enactment or failing to enforce a law)

People v. Johnson

173 Ill. App. 3d 998 · Appellate Court of Illinois · Aug 11, 1988

Accordingly, the trial court allowed the jury to be death penalty qualified. … It is well established that a jury questioned regarding the imposition of the death penalty is presumed to be a fair jury on the issue of guilt or innocence. People v.

People v. Jamesson

329 Ill. App. 3d 446 · Appellate Court of Illinois · Apr 23, 2002

Schecht added that he had been qualified to testify in court as a gang expert on 15 to 20 prior occasions. … Inasmuch as defendant is the party challenging the constitutionality of a statute, he bears the burden of clearly establishing the constitutional violation. See Wright, 194 Ill. 2d at 24 ; People v. DePalma, 256 Ill.

United States Ex. Rel. Humphrey v. Franklin-Williamson Human Services, Inc.

189 F. Supp. 2d 862 · District Court, S.D. Illinois · Mar 11, 2002

Some of FWHS’s indigent patients qualify for Medicaid assistance because their incomes and/or assets are below the threshold necessary to qualify for the Medicaid program. … Clearly, the word “reimburse” signifies a re payment for money already spent.

Neumann v. Carlson Environmental, Inc.

429 F. Supp. 2d 946 · District Court, N.D. Illinois · Apr 20, 2006

Such an action is in derogation of state law and clearly interferes with Illinois’ ongoing efforts to establish a coherent, unified statewide policy governing liability of LUST sites. … Rhodes, 101 Ill.2d 1, 10 , 77 Ill.Dec. 759 , 461 N.E.2d 382 (1984) (holding that defendants with tort immunity are potentially liable in tort until their immunity is established).

People v. Henderson

129 Ill. App. 3d 611 · Appellate Court of Illinois · Dec 13, 1984

The time frame was clearly established. No separate facts were alleged establishing reasonable cause to believe additional conversations would take place. … Clearly, McCarthy was entitled to rely on this firsthand observation by Crockett.” 84 Ill. App. 3d 359, 367 , 405 N.E.2d 809, 816-17 .

Santella v. City of Chicago

721 F. Supp. 160 · District Court, N.D. Illinois · Sep 12, 1989

To provide City’s departments with the flexibility needed to handle personnel problems, it has become a clearly established City policy to use “titles in lieu.” … First, the scandal at MMD simply cannot qualify as an “emergency” under Code § 3-11.

Long v. Thornton Township High School District 205

82 F.R.D. 186 · District Court, N.D. Illinois · Apr 18, 1979

The burden is on the plaintiff to establish his right to a class. Senter v. … Plaintiff clearly meets this requirement. Defendants do not challenge the adequacy of the representation of plaintiff’s counsel.