Case law

Wadden v. Village of Woodridge

193 Ill. App. 3d 231 · Appellate Court of Illinois · Jan 16, 1990

Summary judgment is a drastic measure, to be granted only where the evidence construed most strongly against the moving party establishes clearly and strongly and without doubt the right thereto. (Becovic v. … We are of the opinion that the evidence before the trial court clearly established that the position of golf professional was abolished rather than replaced by the position of administrative assistant as argued by Wadden.

Cobb v. United States

247 F. Supp. 505 · District Court, N.D. Illinois · Nov 4, 1965

To so hold would be to establish an illogical distinction between military personnel and other employees simply because the federal government finds itself in the dual rule of an employer and a military establishment which … The waiver of sovereign immunity pursuant to the Tort Claims Act is based on the policy of placing the-United States in the same position as a private employer with respect to liability.

Lacy v. Ameritech Mobile Communications, Inc.

965 F. Supp. 1056 · District Court, N.D. Illinois · Apr 30, 1997

B. 1992 Failure-To-Promote Claims Plaintiff claims that he was denied promotions in 1992 in favor of less-qualified white applicants and less-qualified women in violation of Title VII. … The Supreme Court has clearly stated that “[t]he burden of establishing a prima facie case ... is not onerous.” Texas Dep’t of Community Affairs v.

Ready v. United/Goedecke Services, Inc.

232 Ill. 2d 369 · Illinois Supreme Court · Mar 23, 2009

It is well established that the tense of a verb used in a statute is an element of plain meaning. … Because it is in the past tense, it clearly refers to all defendants against whom the plaintiff filed suit.

Gotsch v. City of Burbank

203 Ill. App. 3d 271 · Appellate Court of Illinois · Sep 18, 1990

Clearly, no person would pay off on a machine’s accumulated points where those points cannot be erased after a payoff. … or establishing any similarity to those owned by Gotsch.

Schutz v. Western Publishing Co.

609 F. Supp. 888 · District Court, N.D. Illinois · May 29, 1985

Redrick and Jones were clearly better qualified than plaintiff for the field Territory Manager positions in Chicago for which they were selected. • Unlike both Redrick and Jones, plaintiff at that time had not yet ever served … In this case, plaintiff failed to establish a prima facie case of discriminatory discharge under the disparate treatment theory because she did not prove by a preponderance of the evidence that she was relatively better qualified

Collins v. Argonne National Laboratory

757 F. Supp. 934 · District Court, N.D. Illinois · Jan 31, 1991

The plaintiff clearly belongs to a protected class. Although she had received a slightly below average review, her past reviews and performance indicates that she was qualified. … This was clearly not done.

Haag v. Cook County Adult Probation Department

District Court, N.D. Illinois · Oct 22, 2018

These allegations, on their own, do not establish that Haag was disabled within the meaning of the ADA. … In fact, it would be more surprising if litigants could use § 1981 as an end run around the “well-established common- law” of state sovereign immunity. Will, 491 U.S. at 58 (1989). 5.

W. F. Smith & Co. v. Lowenstein

4 Ill. App. 3d 153 · Appellate Court of Illinois · Feb 17, 1972

We do not think any of this testimony establishes either unequivocal or unconditional agreement by the defendants. … On the contrary, we think that the testimony of the defendants, as set out earlier, clearly establishes that not only was there no biding agreement, but that the defendants expressly made the existence of any binding agreement

Tcherepnin v. Franz

393 F. Supp. 1197 · District Court, N.D. Illinois · Apr 14, 1975

In practice, however, Illinois courts have tended to confine discretionary immunity to fairly high level public officials and to important decisions by these officials involving determinations of law or fact or the establishment … The undisputed testimony and admissions of Knight and other state officials clearly support this conclusion.

Desnick v. Department of Professional Regulation

171 Ill. 2d 510 · Illinois Supreme Court · Apr 18, 1996

Clearly, in this case, the circuit court effectively ruled that section 22(A)(24) was unconstitutional. … Standard of Review A party seeking a preliminary injunction must establish, inter alla, that he is likely to succeed on the merits.

Pope v. Alberto-Culver Co.

Appellate Court of Illinois · Apr 27, 1998

It is well established that a product or service that is within the realm of general skills and knowledge in the industry cannot be a trade secret. Web Communications Group, Inc. v. Gateway 2000, Inc. , 889 F. … Defendant company clearly had the knowledge, personnel and resources to identify the "niche market" referred to by plaintiff.

O'Keefe v. Walgreens Boots Alliance, Inc.

2020 IL App (5th) 190448 · Appellate Court of Illinois · Aug 31, 2020

On June 5, 2020, this court entered an order requiring that the defendant file a response to the petition for rehearing and establishing a deadline for the plaintiff’s reply. … 2018). 6 Department of Commerce, which clearly qualifies as a “regulatory body.”

Stone v. Industrial Commission

286 Ill. App. 3d 174 · Appellate Court of Illinois · Jan 10, 1997

Boyd found it difficult to establish a rapport with claimant as "[he] presented] himself in a very unresponsive manner” with a "very flat affect and responded] to all questions with a minimum of information.” … Claimant expressed no interest in several positions for which he was qualified and which conformed to his doctor’s restrictions.

People v. Thornton

250 N.E.3d 991 · Appellate Court of Illinois · Jun 12, 2024

The State provided him with use immunity for his testimony at trial. … At the time, Davis did not qualify his statement by claiming he did not remember what happened, that he was using drugs, or that he was asleep.

Zitzka v. Village of Westmont

743 F. Supp. 2d 887 · District Court, N.D. Illinois · Sep 28, 2010

Furthermore, defendants are not entitled to qualified immunity on the Fourth Amendment claims. Qualified immunity protects officers who "reasonably but mistakenly conclude that probable cause is present.” Sornberger v. … Thus, Officer Newton and Detective Schlicher are not entitled to qualified immunity on this claim. See Alexander v. City of Milw., 474 F.3d 437 , 443 (7th Cir.2007). 10 .

Hawthorne Race Course Inc. v. Illinois Racing Board

Appellate Court of Illinois · May 19, 2006

[The] Executive Director *** decided to be a nice guy and look the other way and give you the recapture in that year although it was clearly [denied in the staff's recommendation] correctly in the … The statutory formula again established an amount of recapture for Sportsman's Park.

Northern Trust Co. v. County of Lake

Appellate Court of Illinois · Nov 4, 2004

In interpreting a statute, it is never proper for a court to depart from the plain language by reading into the statute exceptions, limitations, or conditions that conflict with the clearly expressed legislative intent. … In this case, the parties agree that the zoning officer was charged with determining whether the facility qualifies as a permitted accessory use under Lake County's zoning scheme.

People v. Jones

2013 IL App (1st) 113263 · Appellate Court of Illinois · Feb 24, 2014

Defendant has the burden of establishing both elements of the cause-and-prejudice test in order to prevail. … Id. ¶ 20 We find that Bounds is clearly distinguishable from the case at bar for several reasons.

McHenry County Sheriff v. McHenry County Department of Health

2020 IL App (2d) 200339 · Appellate Court of Illinois · Jul 23, 2020

In March 2020, the World Health Organization announced that the spread of COVID-19 qualified as a global pandemic. … Finally, because plaintiffs could not establish the necessary elements, they were in no way entitled to the entry of the temporary restraining order.