Case law

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.

Intermatic Inc. v. Toeppen

947 F. Supp. 1227 · District Court, N.D. Illinois · Nov 26, 1996

Each host also has a unique “fully qualified domain name.” The “fully qualified domain name” may not be repeated in the Internet. In the case of 206.139.80.66, the “fully qualified domain name” is “win-slow.net66.com”. … Where factual issues exist on these criteria, the Seventh Circuit has clearly stated that summary judgment is inappropriate. McGraw-Edison Company v.

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.

HGN CORP. v. Chamberlain, Hrdlicka, White, Johnson & Williams

642 F. Supp. 1443 · District Court, N.D. Illinois · Aug 29, 1986

Third, Farrell says he never assured HGN the vessels would qualify for a tax-benefit transfer. … But Cambist affirmed the district court's dismissal of the second lawsuit on qualified immunity grounds.

Reid ex rel. Reid v. Norfolk & Western Railway Co.

964 F. Supp. 1249 · District Court, C.D. Illinois · Jun 13, 1997

In the case sub judice, the first exception clearly does not apply because Defendant never discovered Plaintiff. … Thus, he hardly qualifies as a small or a young child.

Caro v. Blagojevich

Appellate Court of Illinois · Sep 26, 2008

ANALYSIS To establish entitlement to preliminary injunctive relief, a plaintiff must show (1) a clearly ascertainable right in need of protection, (2) that he will suffer irreparable harm without protection of that … More clearly, though, the trial court's order states that plaintiffs "seek to enjoin the FamilyCare Program," not just a portion of it.

Perez v. Air & Liquid Systems Corp.

223 F. Supp. 3d 756 · District Court, S.D. Illinois · Nov 30, 2016

The federal officer removal statute also ensures that the validity of any official immunity defense is tried in federal court. Id. (citing Rodas v. Seidlin, 656 F.3d 610, 617 (7th Cir. 2011)). … Second, Crane Co. has established that it acted under a federal officer.

In re Avaya Inc.

602 B.R. 445 · District Court, S.D. Illinois · May 6, 2019

This means that the estimation can be reversed only if it was based on "clearly erroneous factual findings or an incorrect legal standard." … SAE's arguments essentially call for the Court to reconsider the credibility of Avaya's qualified expert's unrebutted testimony.

Village of Schaumburg v. Doyle

277 Ill. App. 3d 832 · Appellate Court of Illinois · Feb 5, 1996

They say this classification is clearly arbitrary and unreasonable and lacks any rational basis. … of the plaintiffs to establish a constitutional violation.

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.

Ali v. Village of Tinley Park

79 F. Supp. 3d 772 · District Court, N.D. Illinois · Jan 7, 2015

In addition, he was then clearly on duty — and at the station' house at that. … Ali was wearing a “clearly visible” turban and was suddenly and inexplicably sprayed.

People v. Hernandez

204 Ill. App. 3d 732 · Appellate Court of Illinois · Aug 15, 1990

We further determined in Brown that, even absent the qualifying age limitation present in People v. Odle (1988), 128 Ill. 2d 111 , under the similarly worded death penalty statute (Ill. Rev. … Such references clearly were irrelevant at the guilt phase of the proceedings.

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

Hamlyn v. ROCK ISLAND CTY. METRO. MASS TRANSIT

964 F. Supp. 272 · District Court, C.D. Illinois · Apr 29, 1997

The application form explicitly states: "WHO DOES NOT QUALIFY: [] Applicants whose sole disability is [] AIDS." … Plaintiff cites to three cases to support his argument that a stigma which causes psychological injury is sufficient to establish irreparable harm and an inadequate remedy at law.

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)

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.

Demick v. City of Joliet

135 F. Supp. 2d 921 · District Court, N.D. Illinois · Mar 29, 2001

This outcome clearly conflicts with the City’s rule on appointments. And the City’s ordinance — ratifying those rules governing appointment — clearly states that it preempts any conflicting state laws. … To establish a prima facie case, Demiek must show: (1) that she belongs to a protected group; (2) that she was qualified for an open position; (3) that her employer subjected her to an adverse employment action; and (4) that

The People v. Monroe

349 Ill. 270 · Illinois Supreme Court · Jul 26, 1932

Whether an act of the legislature is void because it contravenes the public policy of the State depends upon whether the public policy upon the particular subject has been established by statute or is a part of the common … , where no delivery of the commodity or security was intended, on “any regular board of trade or commercial or stock exchange” without granting the same immunity to other persons who entered into the same contract under exactly

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.

Board of Education of City of Chicago v. Industrial Comm'n

182 Ill. App. 3d 983 · Appellate Court of Illinois · May 5, 1989

Therefore, the issue raised is whether or not claimant’s mental illness under the facts here presented qualifies as an occupational disease which arose out of and in the course of his employment and that the disease developed … A comparison of the facts in Pathfinder with the facts in this case clearly demonstrates that the event described by claimant was not the sudden severe emotional shock that the supreme court found to be compensable in Pathfinder