Case law

Cody Trust Co. v. Dittmar

272 Ill. App. 167 · Appellate Court of Illinois · Oct 25, 1933

While a mortgage conveys a title as between the mortgagor and the mortgagee, it is only a qualified title as security for the creditor during the existence of the debt, and the mortgagor is regarded as the owner of the land … that forcible entry and detainer is an original action to repossess, rather than an action to obtain possession and that clauses two and four cited in that opinion under section 2 of the Forcible Entry and Detainer Act, clearly

BP Amoco Chemical Co. v. Flint Hills Resources, LLC

697 F. Supp. 2d 1001 · District Court, N.D. Illinois · Mar 25, 2010

The Court further ruled: Under Rule 803(6), however, the class of witnesses qualified to establish foundation for business records is expansive. Given, 164 F.3d at 394. … “A party establishes a foundation for admission of business records when it demonstrates through the testimony of a qualified witness that the records were kept in the course of regularly conducted business activity, and

Cutler v. Northwest Suburban Community Hospital, Inc.

Appellate Court of Illinois · Nov 29, 2010

Taylor was qualified to author the report. … Taylor was qualified to author the physician's report.

People v. Keller

Appellate Court of Illinois · Dec 3, 2004

Our recognition of the importance of a procedural framework that has been clearly fixed in advance leads us to reject the reasoning of People v. Bramlett , 347 Ill. … We believe that the better approach is to adhere to the procedural framework established in Shellstrom , Pearson , and their progeny.

Henry's On Main LLC v. Village of Rochester

District Court, C.D. Illinois · Oct 16, 2024

Id. at 267-68 (“As Reed established, Tebben’s actions as liquor commissioner in deciding upon liquor applications (irrespective of the fact that he was also mayor) were judicial, and thus entitled to absolute immunity regardless … The court in Brunson appeared to suggest that a mayor-liquor commissioner qualifies as a final policymaker.

Harvey Pre-school for Exceptional Children v. Bowling

85 Ill. App. 3d 1139 · Appellate Court of Illinois · Jun 17, 1980

a party claiming an exemption has the burden to prove clearly and conclusively that he is entitled to the exemption.” … school population, although acknowledging that the statute does not provide public education for them, the School asserts that it is not necessary for a program to exactly mirror a program offered in a public school to qualify

People v. Gholston

332 Ill. App. 3d 179 · Appellate Court of Illinois · Jun 27, 2002

“A rule that qualifies under this exception must not only improve accuracy, but also ‘alter our understanding of the bedrock procedural elements’ essential to the fairness of a proceeding.” (Emphasis omitted.) Sawyer v. … Ct. 1712 (1986) (Batson), and other cases related to the rule established in Gideon.

Medow v. Flavin

Appellate Court of Illinois · Nov 27, 2002

This latter clause, however, clearly relates to the former–"[Medow's] association with Way to Go Travel was terminated on August 25, 1988[,] for theft." … Pertinence The litigation privilege provides immunity from civil suit for defamatory statements made preliminary to or during the course of litigation so long as the defamatory matter is pertinent to the litigation.

People v. Frazier

119 Ill. App. 3d 770 · Appellate Court of Illinois · Dec 5, 1983

Mark Tucker, testifying under a grant of immunity, stated that in February 1982, he told Lori Tucker that he had found a typewriter. This was not true. … Defendant had apparently established this ledger system because the office staff had difficulty locating police reports within the office.

Stoker

District Court, S.D. Illinois · Mar 13, 2026

sovereign immunity. … The facts in the Complaint do not clearly establish that Defendants no longer “had the power to do something about [Parks’] condition,” just because Parks was transferred to SLU on August 4, 2023. See Wilson v.

Pekin Insurance Co. v. Centex Homes

2017 IL App (1st) 153601 · Appellate Court of Illinois · Apr 21, 2017

. ¶ 23 Defendants argue that Centex Real Estate qualifies as an additional insured because it was a “signatory” to the McGreal contract. … The answer, clearly, is yes. The underlying complaint alleges that it was the named insured, McGreal, who was charged with “the erection of *** a balloon wall.” The complaint further alleges that Mr.

In Re Nancy M.

250 Ill. Dec. 844 · Appellate Court of Illinois · Nov 8, 2000

However, the jury’s verdict simply states that respondent qualifies for the involuntary administration of psychotropic medication. … The verdict here fails to show that the jury clearly intended to authorize the involuntary administration of all three medications.

Blanchard v. Manzano

District Court, N.D. Illinois · Aug 28, 2024

immunity; and (4) Defendant Manzano was not personally involved in any discipline of Plaintiff. … Additionally, because Defendants prevailed on their other arguments, the Court need not consider their argument that they are entitled to qualified immunity.

Johnson v. Heckler

100 F.R.D. 70 · District Court, N.D. Illinois · Dec 7, 1983

. §§ 423 (d) and 1382c(a)(3)(A), (B), (C) to require each claimant to initially establish that he or she has a “severe physical or mental impairment.” … The language of § 1383(c)(3) clearly subjects it to the principles contained in § 405(g). Section 1383(c)(3) reads as follows: .

United States v. Ryan

986 F. Supp. 509 · District Court, N.D. Illinois · Dec 3, 1997

Despite this claim, Ryan does not identify any act by his attorney that could even arguably be characterized as coercive, 2 and the transcript of his plea hearing clearly establishes the voluntariness of his plea: THE COURT … that do not go even that far are clearly inadequate.”

Lawrence v. Metropoliatian Correctional Center-Chicago

District Court, N.D. Illinois · Jan 10, 2022

The United States is immune from suit unless it has consented to be sued. … Illinois Dep’t of Corrections, 684 F.3d 667, 672 (7th Cir. 2012), and plaintiff clearly qualifies as a person with a disability.

Walker v. White

District Court, N.D. Illinois · Mar 19, 2021

Qualified immunity protects government officials from liability for civil damages unless their conduct violates a clearly established right. Henry v. Hulett, 969 F.3d 769, 785 (7th Cir. 2020). … established, qualified immunity does not apply.

Toomer v. United Resin Adhesives, Inc.

652 F. Supp. 219 · District Court, N.D. Illinois · Dec 12, 1986

Texas employers structure their workers’ compensation coverage on the assumption they are immune from third-party suits. … The conflicts in the evidence clearly demonstrate that summary judgment based on the evidence is improper.

Harrisonville Telephone Co. v. Illinois Commerce Commission

212 Ill. 2d 237 · Illinois Supreme Court · Sep 23, 2004

We were also cognizant of the fact that the qualifying companies would, in all likelihood, seek to recoup the reduction in the fund size from their customers. … Despite the fact that our decision here may bring rate increases to the customers of the qualifying companies, the policy issue is more far reaching.

Ervin v. Lilydale Progressive Missionary Baptist Church

351 Ill. App. 3d 41 · Appellate Court of Illinois · Jul 12, 2004

Like the bylaws in Muhammad, Lilydale’s bylaws establish the procedure for removal of the pastor. … The court found that the trustees had no authority to dismiss the preacher because the church’s bylaws “clearly reserve to the congregation the right to dismiss the preacher.”