Case law

H.P. v. Bd. of Educ. of Chi.

385 F. Supp. 3d 623 · District Court, E.D. Illinois · May 13, 2019

Additionally, CPS must provide certain notices to parents and ensure that such notice "is in the native language of the parents, unless it clearly is not feasible to do so." 20 U.S.C. § 1415 (b)(4), (d)(2) ; 34 C.F.R. § 300.503 … The ISBE is responsible for establishing and administering this administrative review process. II.

One Equal Voice v. Illinois Educational Labor Relations Board

Appellate Court of Illinois · Sep 26, 2002

Accordingly, we review the Board's decision under the clearly erroneous standard. … Without having considered the appropriate test to the given set of facts, we find that the decision of the Board was clearly erroneous.

In Re Marriage of Agustsson

223 Ill. App. 3d 510 · Appellate Court of Illinois · Jan 8, 1992

However, the movant carries the burden of establishing sufficient grounds to vacate. Kosten v. St. Anne’s Hospital (1985), 132 Ill. App. 3d 1073, 1080 . … Therefore, we find that the evidence clearly and convincingly meets the test articulated in Keller ( 180 Ill. App. 3d at 548 ).

First of America Trust Co. v. Armstead

171 Ill. 2d 282 · Illinois Supreme Court · Mar 21, 1996

Either by express language or necessary implication, the act must clearly indicate that the legislature intended a retroactive application. [Citation.] … Plaintiff suggests that the amendment to the Gasoline Storage Act should not immunize arbitrary conduct of the State Fire Marshal in denying the application for registration.

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.

People v. Scott

285 Ill. App. 3d 95 · Appellate Court of Illinois · Dec 3, 1996

We believe that established precedent supports defendant’s position, rather than the State’s. … When he serves his sentence, he will qualify for the credit if he complies with the conditions of the statute. Defendant’s disorderly conduct conviction and sentence therefore are reversed.

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.

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.

In re Arkuszewski

550 B.R. 374 · District Court, N.D. Illinois · Aug 10, 2015

Sections 109(h)(2) — (4) establish exceptions and a temporary exemption from the credit counseling requirement. … Neither party asserts that Arkusz-ewski has applied for or would qualify for any of these sections.

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.

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 Chadwick v. Nelson

95 N.E.3d 1230 · Appellate Court of Illinois · Dec 15, 2017

The trial court rejected Talea’s contention that her farm qualified for immunity under the Act. … For example, the definition in section 2 contains no restrictions on the type or scope of agricultural activity necessary to qualify as a “farm.”

Hiatt v. Illinois Tool Works

431 Ill. Dec. 22 · Appellate Court of Illinois · Sep 28, 2018

And I think it clearly says it cannot now change its theory on appeal; that’s it, on appeal. … On appeal, the plaintiffs argued that the defendant was not Rick’s employer and that, for immunity under section 5(a), the defendant must establish at least that it was legally responsible for payment of workers’ compensation

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.

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

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.

United States Equal Employment Opportunity Commission v. Humiston-Keeling, Inc.

54 F. Supp. 2d 798 · District Court, N.D. Illinois · Jul 6, 1999

This includes establishing that: 1) Houser has a disability as defined by the ADA, 2) she was a qualified individual under the Act, 3) HK was aware of her disability, and 4) HK failed to provide her with a reasonable accommodation … QUALIFIED INDIVIDUAL HK next claims that Houser was not a qualified individual under the Act as she clearly admits that she could no longer perform the essential functions of her position even with a reasonable accommodation

People v. Brockman

143 Ill. 2d 351 · Illinois Supreme Court · May 30, 1991

Section 22.2 clearly states that liability will be imposed on responsible parties when expenses are incurred by the State. … Clearly, if liability is to attach, it is as a result of the contamination caused by the presence of unpermitted waste at the site.

Chicago Riding Club for use of Klein v. Avery

305 Ill. App. 419 · Appellate Court of Illinois · May 22, 1940

Va. 1917) 251 F. 83 , at pages 128 and 129, the court clearly demonstrates why it holds that inchoate precedural rights are not within the saving clauses of repealing statutes. … 1933 act upon appointment of receivers; it would be to permit the plaintiff a mode of procedure found inexpedient by the state of Illinois, and, as such, repealed; it would be to allow the plaintiff a right ‘accrued or established

City of Springfield v. Policemen's Benevolent & Protective Ass'n, Unit No. 5

459 Ill. Dec. 341 · Appellate Court of Illinois · Jul 27, 2021

The City also has a civil service commission, established by city ordinance, which sets forth “standards” for City employees. … The amendment contains no qualifying language and applies on its face to “[q]ualified persons who have passed an examination for promotion.”