Case law

Breuder v. Board of Trustees of Community College District No. 502, DuPage County, Illinois

District Court, N.D. Illinois · Mar 31, 2019

Thus, according to Mazzochi, her counterclaim qualifies as “any other judicial pleading to dispose of a judicial claim.” This argument, however, contradicts the language and structure of the ICPA. … Alves, 944 A.2d 144 (R.I. 2008), is even less helpful to her cause, as Rhode Island’s anti-SLAPP statute establishes an immunity defense, provides that the immunity may be asserted by “motion or by other appropriate means

Harden-Rivera

District Court, N.D. Illinois · Feb 17, 2026

Kunkle’s argument does not comport with (somewhat) more recent Supreme Court precedent establishing, in Mr. … Jamison, 488 F.3d 756, 764 (7th Cir. 2007), in which the Seventh Circuit found no § 1983 liability for private actors when the alleged governmental co-conspirator possessed qualified immunity from suit.

Stephens v. United States

472 F. Supp. 998 · District Court, C.D. Illinois · May 15, 1979

This decision appears to be clearly within Dalehite’s bounds of discretion which is entitled to immunity. … Having established a duty, and breach, the Court must next turn to the issue of causation.

People v. Rucker

346 Ill. App. 3d 873 · Appellate Court of Illinois · Aug 19, 2003

That forensic chemist Gwendolyn Brister is employed by the Chicago — Illinois State Police and is qualified to testify as an expert in the area of forensic chemistry. … Rule 606 clearly states that when a timely posttrial or postsentencing motion has been filed by “counsel or by defendant, if not represented by counsel, any notice of appeal filed before entry of the order *** shall have

Mile Square Service Corp. v. City of Chicago Zoning Board of Appeals

42 Ill. App. 3d 849 · Appellate Court of Illinois · Sep 28, 1976

The last two witnesses called by plaintiff were qualified as real estate experts. The first expert witness was both a real estate broker and an appraiser. … But we are not persuaded to disturb the Zoning Board’s decision since our examination of the record compels us to conclude that an opposite decision is not clearly evident. Wolbach v.

People v. Caballero

102 Ill. 2d 23 · Illinois Supreme Court · Mar 23, 1984

Qualifying a jury under the standards of Witherspoon does not, as defendant argues, exclude all who are opposed to the death penalty. … Another jury-qualification issue raised by the defendant is the claim that the trial judge erred in failing to sua sponte “life qualify” the prospective jurors inasmuch as they were “death qualified.”

Wade v. Byles

886 F. Supp. 654 · District Court, N.D. Illinois · May 25, 1995

Uniform must clearly identify the guard company 8. Aid and assist persons in the immediate vicinity of the lobby area and entrance door. … Without argument developing the point, Wade also asserts that the CHA affirmatively assisted, encouraged, and directed Byles and T-Force to engage in the challenged activity qualifying Byles as a state actor under the exception

People v. Blackwell

171 Ill. 2d 338 · Illinois Supreme Court · Apr 18, 1996

This court found that defendant had established a prima facie case of gender discrimination (People v. … Defendant concedes that the State established the elements needed to prove first degree murder.

Tishman Midwest Management Corp. v. Wayne Jarvis, Ltd.

146 Ill. App. 3d 684 · Appellate Court of Illinois · Jul 21, 1986

Attached to the motion to dismiss count I was an affidavit along with documentary evidence establishing that Mid-Continental sat on four parcels, not three. … Tishman contended that Jarvis could not meet the requirements necessary to qualify for class-representative status under section 2 — 801 of the Code of Civil Procedure (Ill. Rev. Stat. 1983, ch. 110, par. 2 — 801).

Equal Employment Opportunity Commission v. Board of Governors of State Colleges & Universities

706 F. Supp. 1377 · District Court, N.D. Illinois · Feb 14, 1989

In a retaliation case, the burden-shifting works as follows: Plaintiff has the burden of establishing a prima facie case of retaliation. … The Board claims that this passage clearly indicates that good faith is a sufficient affirmative defense to a charge of retaliation. We agree, but we do so with some reluctance.

Massa v. Department of Registration & Education

116 Ill. 2d 376 · Illinois Supreme Court · Apr 2, 1987

Massa’s veterinary license upon a showing of great negligence in the performance of his veterinary practice; recklessness need not be established. … The facts here establish that Dr.

People v. Rotuno

156 Ill. App. 3d 989 · Appellate Court of Illinois · Jun 17, 1987

We concluded that “[tjhis evidence, combined with the jury’s common knowledge, is sufficient to establish that defendant’s conduct caused bodily harm.” ( 53 Ill. App. 3d 810, 816 , 368 N.E.2d 950, 955 .) … Clearly defendant was strongly resisting the officers and was attempting to free herself from them.

In Re Hageman

388 B.R. 896 · United States Bankruptcy Court, C.D. Illinois · Jun 23, 2008

In order to qualify for the exemption, a debtor must have some claim of title to the premises and also occupy the premises as a residence. … Hageman’s testimony clearly confirmed that the Debtor had built out a living space in the Arenzville property and had occupied that space as a residence for a period of years. Overall, Mrs.

Water Pipe Extension v. City of Chicago

195 Ill. App. 3d 50 · Appellate Court of Illinois · Mar 30, 1990

Our review of the record does not convince us that a conclusion opposite to that reached by the Board is clearly evident. … For that reason, the Board’s holding that the unions failed to establish an unfair labor practice on the part of the City is affirmed.

People ex rel. Oliver v. Knopf

198 Ill. 340 · Illinois Supreme Court · Oct 18, 1902

It is clearly and unmistakably opposed to the provisions of the constitution. … In such a case, where the duty is clearly obligatory and has been disregarded by the officer charged in láw with its performance, courts will interfere by mandamus tb compel the holding of an election. (People v.

People v. Craig

2023 IL App (1st) 200311-U · Appellate Court of Illinois · Apr 28, 2023

¶ 35 The dissenting justice noted that the defendant did not argue that he was ineligible for an extended-term sentence, but merely that the record “does not clearly establish that he was.” Id. … The record, therefore, does not affirmatively establish that defendant qualified for extended-term sentencing. Misapplication of extended-term sentencing constitutes second-prong plain error.

Druck v. ILLINOIS STATE BD. OF ELECTIONS

899 N.E.2d 437 · Appellate Court of Illinois · Nov 26, 2008

Illinois courts are guided by established rules of statutory construction. … After reviewing all the words and phrases in section 10-8 of the Election Code, we discovered that section 10-8 clearly codifies two conditions precedent that must be complied with in order for nomination papers to be valid

Rettig v. Zander

364 Ill. 112 · Illinois Supreme Court · Jun 10, 1936

His will was admitted to record, and the executors and trustees named qualified. … If it were only admitted that the rules by which that intention may be ascertained were not fixed and settled, then it cannot be doubted but that the evidence afforded by this will and this record establishes that intention

The People v. Fisher

340 Ill. 216 · Illinois Supreme Court · Jun 20, 1930

There was no evidence in the Berkman case to show the different rifling of guns or to qualify the witness as an expert in such matters. … It was established without controversy that there was a robbery of the bank on January 18, 1929, during which Martin French was slain and two of the officials of the bank wounded.

People v. Nau

209 Ill. App. 3d 805 · Appellate Court of Illinois · Feb 22, 1991

Respondent argues that the certificate which accompanied the petition does not establish that the preparer was a physician, qualified examiner, or clinical psychologist. … Clearly, this doctrine is not applicable in the case before us. In the discharge hearing, respondent was acquitted of murder and should not have been termed a “murderer.”