Case law

People v. Leib

2022 IL 126645 · Illinois Supreme Court · Jun 16, 2022

Louis [Avenue] parking lot qualified” as school property: among other things, the “evidence established that it was used for student dropoff and pickup, recess, and parking for athletic events, scout meetings … However, we note that a holding that contiguous property does qualify as “property comprising any school” is not tantamount to a holding that property that is not contiguous cannot qualify as “property comprising

In Re VT

306 Ill. App. 3d 817 · Appellate Court of Illinois · Aug 3, 1999

Respondent argues that, even if the report qualifies as a business record and a proper foundation is established, it is nevertheless inadmissible because its purpose was improper. … Initially, a review of the record clearly indicates that the report was not prepared in anticipation of future discipline.

Dickman v. Office of the Cook County State's Attorney

District Court, N.D. Illinois · Mar 16, 2018

that qualified immunity is the ability to be free from suit, not merely a defense from liability, and that, therefore, the question of immunity should be decided at the earliest possible stage…On the other … Furthermore, the Supreme Court has held that a prosecutor cannot claim to be an advocate for absolute immunity purposes before probable cause has been established. Id. at 274.

Pennsylvania Co. for Insurance on Lives v. Bauerle

143 Ill. 459 · Illinois Supreme Court · Nov 2, 1892

The other is, where one or more executors shall fail or refuse to qualify. But the Pennsylvania company did not fail or refuse to qualify as executor. … It is not to be presumed that it was the intention of the testator that the clearly expressed power to sell, dispose of and execute deeds of conveyance for all of his real estate within the limits of the State of Illinois

Department of Public Aid Ex Rel. Lozada v. Rivera

324 Ill. App. 3d 476 · Appellate Court of Illinois · Aug 31, 2001

No. 98 — 604, p. 24 (1984) (emphasis added). *** Congress clearly intended veterans’ disability benefits to be used, in part, for the support of veterans’ dependents.” Rose, 481 U.S. at 630-31 , 95 L. … Thus, while denying section 5301(a) preemptive effect would not undermine Congress’s purpose in establishing the veterans’ benefits program, construing section 407(a) to make SSI benefits subject to a child support order

General Motors Corp. v. State of Illinois Motor Vehicle Review Board

Appellate Court of Illinois · Oct 3, 2005

However, on appeal, GMC and Loren have not asserted the Review Board's decision was clearly erroneous. … Thus, the manufacturer had no interest in franchising that was immune from state regulation. New Motor , 439 U.S. at 104-05 , 58 L. Ed. 2d at 372 , 99 S. Ct. at 409 .

People v. Botruff

212 Ill. 2d 166 · Illinois Supreme Court · Sep 23, 2004

In assessing these arguments, we must be ever mindful of the well-established principles that: (1) all statutes carry a strong presumption of constitutionality (People v. … Maness, 191 Ill. 2d 478, 483 (2000)); and (2) the party challenging a statute bears the burden of clearly establishing the constitutional infirmity (People v. Jeffries, 164 Ill. 2d 104, 111 (1995)).

People v. Hanson

Illinois Supreme Court · Sep 23, 2004

Defendant argues that the State’s interpretation of Cleer as establishing a per se rule is too broad and fails to consider the underlying facts. … The plain language of the motion clearly states that it sought to have defendant examined by an expert. It does not mention a fitness hearing.

Doyle v. White Metal Rolling & Stamping Corp.

249 Ill. App. 3d 370 · Appellate Court of Illinois · Jun 29, 1993

This evidence was clearly relevant in terms of time because it established that defendants were aware that the ladder used by plaintiff was not meeting safety standards which were to take effect in the immediate future. … There is no question but that the above statement qualified as a spontaneous declaration.

In re Kelan W.

455 Ill. Dec. 544 · Appellate Court of Illinois · Dec 1, 2021

Thus, the State was not required to provide evidence of the location of the offense in order to establish jurisdiction. Id. … The language provided by the respondent to refer to the State of Illinois with “State” clearly includes “this” before it to denote the legislature is discussing the State of Illinois.

City of Springfield v. Industrial Commission

216 Ill. App. 3d 1027 · Appellate Court of Illinois · Jul 31, 1991

On appeal, respondent contends that determination is against the manifest weight of the evidence because claimant failed to establish he was unable to secure gainful employment despite the limitations of his injury. … The evidence clearly showed claimant was qualified to perform the tasks of a drafting technician given the limitations placed on the use of his knee. His treating physician, Dr.

People v. Yelliott

157 Ill. App. 3d 396 · Appellate Court of Illinois · Jun 29, 1987

In a case such as this one, such a result is clearly against the best interests of the minor. … The criminal record set forth in the presentence report clearly establishes an affinity toward violations of the law, many of which resulted in incarceration. Some of the minor offenses related to alcohol.

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.

Taake v. WHGK, INC.

228 Ill. App. 3d 692 · Appellate Court of Illinois · May 7, 1992

In the instant case, as in Voyles, sufficient foundation was established to qualify Dawson as an expert on the job duties and responsibilities of an on-site observer. … Furthermore, the evidence clearly shows that Belleville Area College had no input into the construction of the welding shop or the placement of the air purifiers.

Kulle v. Springer

566 F. Supp. 279 · District Court, N.D. Illinois · Jun 23, 1983

The foregoing cases establish that determinations involving discovery in deportation proceedings fall within the scope of Section 106(a) and thus within the exclusive jurisdiction of the Courts of Appeals. … Moreover, that discovery orders are clearly within the scope of Section 106(a) was apparently assumed by the Third Circuit in Marroquin-Monriquez v. Immigration and Naturalization Service, 699 F.2d 129 (3d Cir.1983).

People ex rel. Martin v. White

329 Ill. App. 81 · Appellate Court of Illinois · May 29, 1946

Ann. 43.799]) provides that an established political party may nominate candidates for village offices by caucus where the population is less than, 5,000.. Section 1-9 of th.e Cities and Villages Act (Ill. Rev. … Our democratic institutions are based on free elections, and our laws and traditions recognize the rights of persons who are qualified and who comply with statutory provisions to present themselves for public office.

Ames v. Ames

148 Ill. 321 · Illinois Supreme Court · Jan 16, 1894

The power and duty of the courts in this regard are clearly shown by Judge Story, 2 vol. Eq. Jur. ch. 35. … Ames was appointed, by the probate court of Cook county, guardian of the minors, and qualified as such.

State of Illinois ex rel. Schad, Diamond & Shedden, P.C. v. National Business Furniture, LLC

2016 IL App (1st) 150526 · Appellate Court of Illinois · Nov 17, 2016

contends on appeal that the circuit court erroneously applied the “government knowledge defense” to conclude that the mere fact of the IDOR audit negated defendant’s scienter as a matter of law and “permanently immunized … According to relator, even if the evidence established that the State knew that defendant did not collect and remit use tax on shipping charges as a result of the audit, it did not establish that the State knew

Johnson v. St. Bernard Hospital

79 Ill. App. 3d 709 · Appellate Court of Illinois · Dec 20, 1979

On January 18, 1978, plaintiff’s qualified medical expert, Dr. Farag Loutfy, gave his discovery deposition. Dr. … Loutfy established that the hospital had a duty to assist Dr.

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.