Case law

Hirn v. Edgewater Hospital

86 Ill. App. 3d 939 · Appellate Court of Illinois · Jul 21, 1980

The physician could use a “cutdown” method where an incision is made to clearly expose the artery or, in the alternative, the brachial artery in the arm could be used because it is easier to locate. … The plaintiff argues that the “defendant was permitted to ‘qualify’ her expert witness by questioning one of plaintiff’s experts as to his reputation.”

Schultz v. Chicago City Bank & Trust Co.

316 Ill. App. 540 · Appellate Court of Illinois · Dec 9, 1942

The result is, that the place of residence is prima facie the domicile, unless there be some motive for that residence not inconsistent with a clearly established intention to retain a permanent residence in another place … His statements and his actions clearly show that he intended to remain permanently in California.

Bluestein v. Upjohn Co.

102 Ill. App. 3d 672 · Appellate Court of Illinois · Dec 17, 1981

Again, we do not believe that the record establishes this as a reasonable hypothesis by which the special finding and general verdict can be reconciled. … Upjohn presented testimony by several highly qualified experts in the field of gastroenterology.

People v. Lerma

2016 IL 118496 · Illinois Supreme Court · Mar 3, 2016

According to the appellate court, the trial court here clearly failed to do this, as the reasons the trial court gave for denying the admission of Dr. … Loftus is a qualified and highly respected expert in -9-  this field.

Ramsey Emergency Services, Inc. v. Illinois Commerce Commission

367 Ill. App. 3d 351 · Appellate Court of Illinois · Aug 31, 2006

lease or purchase the necessary unbundled network elements (UNEs) to establish the required network. … The Telecom Act does not mandate that providers be allowed to provide services in a given market where they may not be financially, technically, or managerially qualified to do so.

X.(BRYANT) v. Carlson

363 F. Supp. 928 · District Court, E.D. Illinois · Jul 23, 1973

denial of office space was not a result of any official sanction against petitioners’ religion but due to a lack of space, and further, Muslims are allowed ample use of chapel facilities; (3) no recognized Muslim minister qualified … Whether to permit this is clearly an administrative decision involving questions of security and discipline. Upon being lawfully incarcerated certain privileges and rights may be withdrawn or restricted. Cooper v.

Seaboard Finance Company v. Davis

276 F. Supp. 507 · District Court, N.D. Illinois · Nov 17, 1967

It stated, It may well be that in the instant personal-injury case the outcome would be substantially affected by whether the issue of immunity is decided by a judge or a jury. … First, the statute is clearly considerably broader than common law abatement.

In Re Guardianship of Huseman

358 Ill. App. 3d 299 · Appellate Court of Illinois · Jun 7, 2005

Petitioner requested that an order be entered directing that Tekoa be properly evaluated by a qualified person or persons and that a report be prepared and filed at least 10 days prior to the hearing in accordance with the … An agreement will not be held void, as being contrary to public policy, unless it is `"clearly contrary to what the constitution, the statutes[,] or the decisions of the courts have declared to be the public policy or unless

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

Spinka v. Brill

750 F. Supp. 306 · District Court, N.D. Illinois · Jul 20, 1990

succeed on their section 1983 claim, plaintiffs must show that defendants, acting under color of state law, deprived plaintiffs of a right guaranteed by the Constitution or statute of the United States. 3 The defendants clearly … Although plaintiffs argue that this case qualifies for the "continuing violation” exception, we disagree. 3 . 42 U.S.C. § 1983 provides in part: Every person who, under color of any statute, ordinance, regulation, custom,

People v. Andersch

107 Ill. App. 3d 810 · Appellate Court of Illinois · Jun 11, 1982

Therefore, the prosecutor’s comment that “the presumption does not continue once you go into the jury room and deliberate” is clearly erroneous, and not to be condoned by this court. … Defendant’s testimony established that he clearly threatened the unruly group by aiming and “levering” his rifle at them in the hallway. Defendant then retreated to his room, but did not attempt to close the door.

Schneider v. Unknown Named Federal Employees

District Court, S.D. Illinois · Apr 7, 2025

The Court may dismiss a case and deny an otherwise qualified plaintiff leave to proceed IFP, if the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant … By stating that an indefinite number of unknown people or agencies have harmed him without providing more information, all Plaintiff has done is establish that there is a “sheer possibility” that someone or entity in that

Dema v. Feddor

470 F. Supp. 152 · District Court, N.D. Illinois · Apr 30, 1979

The court directs that, upon the rendering of a decision by the Supreme Court in Davis, the parties shall come before this court in order that a further briefing schedule may be established. … Perrigan, 459 F.2d 81 (6th Cir. 1972); to the recognition of a qualified immunity for IRS agents, Mark v.

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.

In re Marriage of Howard

291 Ill. App. 3d 675 · Appellate Court of Illinois · Aug 18, 1997

"In deciding whether a child 'lived’ in a particular State for purposes of determining whether that State qualifies as the child’s home State, a court must [examine not only] whether the child was physically in that State … When respondent sent the child to Illinois to attend Moose-heart, it was clearly not with the intent that David Macon remain in Illinois.

State Bank of Chicago v. Gross

344 Ill. 512 · Illinois Supreme Court · Jun 18, 1931

On the same day the executor qualified. … In England, as-well as in most of the American jurisdictions, the rule is well established that, unless the will clearly expresses a contrary intent, a general pecuniary legacy is regarded as due and payable one year from

Board of Education of Peoria School District No. 150 v. Peoria Federation of Support Staff

2013 IL 114853 · Illinois Supreme Court · Nov 24, 2013

The term “special” refers to “laws which impose a particular burden or confer a special right, privilege or immunity upon a portion of the people of the State.” (Internal quotation marks omitted.) … ” qualifying “at a subsequent time.”

Kepple & Co. v. Cardiac, Thoracic & Endovascular Therapies, S.C.

396 Ill. App. 3d 1061 · Appellate Court of Illinois · Dec 16, 2009

no-hire, nonsolicitation and noncompetition clause, which provided that neither corporation would solicit the other corporation’s employees or hire the other corporation’s employees without a release from that corporation or establish … In so doing, the trial court made numerous findings and conclusions, which can be summarized as follows: (1) Cardiac Thoracic did not qualify as a competing business of Kepple’s as defined in the employment contract; (2)

People Ex Rel. Travis v. Rogier

326 Ill. 310 · Illinois Supreme Court · Jun 22, 1927

A mere voluntary assemblage of persons, though qualified voters, and the expression of their choice upon any proposition not submitted to them in any authorized way or by any lawful authority, does not constitute an election … The power of the legislature to pass a curative act, and the effect of such act legally passed, are not questioned, but its effect cannot be extended beyond the subject matter brought clearly within its terms.

Computer Associates International v. Quest Software, Inc.

333 F. Supp. 2d 688 · District Court, N.D. Illinois · Jun 28, 2004

In any case, Hubel is qualified to present opinions’ regarding the source code that assist the court in ruling on the preliminary injunction motion. … Quest and its employees clearly had access to the source code and other related information.