Case law

Otrompke v. Hill

28 F. Supp. 3d 772 · District Court, N.D. Illinois · Mar 20, 2014

Supreme Court decisions establish a fundamental right to practice law, which he did not raise in his state proceeding or his federal lawsuit. (Am. Compl. ¶¶ 18-22, 29.) … Some of these changes, as set forth in Otrompke’s Amended Complaint, clearly modify the standards for admission. (See, e.g., Am.

People v. Feazell

Appellate Court of Illinois · Oct 31, 2007

Feazell contends that Winstead’s testimony was substantive and does not qualify as a nonhearsay statement or as a hearsay exception. … Banks’ statements are clearly testimonial in nature.

Krivokuca v. City of Chicago

2017 IL App (1st) 152397 · Appellate Court of Illinois · Feb 22, 2017

" ¶ 32 The court agreed that section 3-102(a) "immunized the City from [the plaintiff's] personal injury claims *** because he has failed to establish that the City had constructive notice of the sinkhole or the water … ¶ 44 However, the Act clearly requires more than such "circumstantial evidence" of the nature of the injury to prove a municipality's negligence liability.

LaPointe v. Chrans

329 Ill. App. 3d 1080 · Appellate Court of Illinois · May 14, 2002

The trial court found the “wanton cruelty” factor and two of the death penalty qualifying factors (720 ILCS 5/9 — 1(b)(6), (b)(ll) (West 2000)) and sentenced petitioner to natural life imprisonment without parole. … This case is clearly controlled by Jackson and Hill.

Reuben H. Donnelley Corp. v. Brauer

211 Ill. Dec. 779 · Appellate Court of Illinois · Sep 15, 1995

A cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved under the pleadings which will entitle a plaintiff to recover. E.g., Zadrozny v. … To establish a section 1983 action, the plaintiff must establish: (1) that the defendant deprived him of a right secured by the "Constitution and laws” of the United States; and (2) that the defendant deprived him of this

Continental Illinois National Bank & Trust Co. v. Clancy

18 Ill. 2d 124 · Illinois Supreme Court · Nov 18, 1959

The other defendants, appellees here, insist that the trust is unambiguous and that the defendant Donald Merrill Clancy cannot qualify as either “issue” or a “grandchild” of the settlor. … From all the evidence in the record most favorable to Donald, we cannot find a clear intent to include him in the blood group for whom this trust, by its terms, was established.

Oak Park v. Oak Park

Appellate Court of Illinois · Nov 7, 2005

His hearing loss condition is permanent and he would therefore not be expected to qualify to wear a respirator and perform firefighting duties in the future." … However, neither dissenter discussed whether Weidler was, in any event, disabled and would therefore qualify for a non-duty disability pension.

People v. Sperow

170 Ill. App. 3d 800 · Appellate Court of Illinois · Jun 16, 1988

Watts testified that the State had assured his immunity from any potential perjury prosecution. … The conduct of the defendant herein was clearly reprehensible. The trial court clearly confined its consideration to the amount and type of force employed.

Andrews v. Kowa Printing Corp.

217 Ill. 2d 101 · Illinois Supreme Court · Oct 20, 2005

Clearly, it is this section, and not section 2, that defines who, other than the employer itself, may be treated as an "employer" for purposes of the Wage Act. … Kowa clearly is an "employer" under section 13 of the Act, because the trial court found that the evidence in the case established that he is the owner and principal shareholder in Kowa Printing Group, Inc., makes all corporate

Roberts Ex Rel. Roberts v. Patel

620 F. Supp. 323 · District Court, N.D. Illinois · Sep 27, 1985

Expert medical testimony is required in establishing the proper duty of disclosure. Taber v. Riordan, 83 Ill.App.3d 900 , 38 Ill.Dec. 745 , 403 N.E.2d 1349 (1980); Green, 127 Ill.App.2d at 184 , 262 N.E.2d at 161 . … [To hold otherwise] would in effect immunize from liability those in the medical field from providing inadequate guidance to persons who would choose [alternative treatment].” Robak v.

Stevenson v. City of Chicago

District Court, N.D. Illinois · Apr 13, 2018

Further, ISP asserts that Plaintiffs fail to state a plausible Fourth Amendment excessive force claim against Trooper Walker, and in the alternative, that Trooper Walker is entitled to qualified immunity. … In addition to ISP’s Eleventh Amendment immunity, it is well-established that Monell applies only to municipalities, not states. See Will v. Mich.

People v. Wolfe

114 Ill. App. 3d 841 · Appellate Court of Illinois · May 20, 1983

Again, no due process violation is established with certainty. … qualified to do.

Jones-Redmond v. Thornton Fractional Township H.S. Dist. 215

District Court, N.D. Illinois · Jan 5, 2024

But if, as plaintiff alleges, she was an exemplary 2 For similar reasons, defendants’ qualified immunity argument is premature. … immunity.

People v. Fauntleroy

224 Ill. App. 3d 140 · Appellate Court of Illinois · Feb 3, 1992

We believe the circuit court was more than entitled to hold that this type of murder qualified as exceptionally brutal and heinous behavior. … We hold that this finding was not clearly erroneous.

Board of Education of Community High School District 218 v. Illinois State Board of Education

979 F. Supp. 1203 · District Court, N.D. Illinois · Sep 24, 1997

the facts necessary to establish jurisdiction.” … To hold that DHS has such obligations ¡under the text of section 612(a)(12)(B)(i) itself would render the qualifying phrases of tfiat statute meaningless.

Bosco v. Chicago Transit Authority

164 F. Supp. 2d 1040 · District Court, N.D. Illinois · Oct 18, 2001

The Retirement Plan established a Retirement Allowance Committee consisting of ten members. … The memorandum stated “the Supplemental Retirement Plan allows for the “bridging” of certain previously qualified governmental service.” (PLEx. N).

McQueen

District Court, C.D. Illinois · Feb 10, 2026

Defendant has also asserted she is entitled to qualified immunity. (Doc. 33 at p. 8). … As the Court has found that Defendant’s conduct did not constitute cruel and unusual punishment in violation of the Eighth Amendment, it need not address whether Defendant is entitled to qualified immunity.

ADT Security Services, Inc. v. Lisle-Woodridge Fire Prevention District

799 F. Supp. 2d 880 · District Court, N.D. Illinois · Jul 20, 2011

Indeed, the clearly more appropriate (and normal) reading of such a preamble is that it sets out a general policy statement, while it is left to the sections that follow to define specifically what the General Assembly deems … And the question of tort immunity is similarly inapposite, given the ground for the present ruling, for tort liability is simply not now at issue. 15 .

United States v. Mordi

674 F. Supp. 2d 1027 · District Court, N.D. Illinois · Dec 17, 2009

Hanks, 97 F.3d 887, 893 (7th Cir.1996) (“[O]nly when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.”) … Accordingly, Mordi has not met either prong of Strickland , so ineffective assistance of counsel “does not qualify as cause to set aside the procedural default” of his first three claims. Franklin, 188 F.3d at 884 .

Illinois Department of Healthcare & Family Services v. Warner

227 Ill. 2d 223 · Illinois Supreme Court · Jan 25, 2008

By limiting the application of section 17 to situations where the child is “sought to be adopted,” the General Assembly clearly intended to avoid such a result. … We are qualifying the reach of the “sought to be adopted” language, not eliminating it from the statute altogether.