Case law

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.

Jackson v. BD. OF ELECTION COM'RS

944 N.E.2d 439 · Appellate Court of Illinois · Feb 22, 2011

Therefore, as this case presents a mixed question of fact and law, we must decide whether the Board's decision is clearly erroneous. … Earls' property tax bills clearly delineated the taxing districts where the proceeds of their tax assessment were to be directed.

Owens v. Department of Human Rights

403 Ill. App. 3d 899 · Appellate Court of Illinois · Aug 13, 2010

Under that policy Exxon Mobil promised to “reimburse employees for actual cost for registration, tuition, regular instruction fees and required textbooks,” if the employees qualified for reimbursement. … It is well established that there is a strong presumption that a statute is constitutional and that the party challenging its validity will bear the burden of clearly establishing that the statute is unconstitutional.

Bjork v. Draper

Appellate Court of Illinois · Apr 25, 2008

Under sections 170(f)(3)(B)(iii) and 170(h) of the Code, a person who contributes a "qualified real property interest" to a "qualified organization" exclusively for a "conservation purpose" can claim an income tax charitable … Section 23(d) clearly provides that the easement may be amended. The fourth reference to "in perpetuity" occurs in section 16.

In Re Estate of Hopkins

214 Ill. App. 3d 427 · Appellate Court of Illinois · Jun 7, 1991

She clearly made an informed choice in entering the agreement, and, as such, she should not now be allowed to renege on that agreement. … Fleck (1958), 13 Ill.2d 420, 427 , 150 N.E.2d 106 ); Nancy has clearly failed to meet her burden.

Jones v. LOCAL 520, INTERN. U. OF OPER. ENGINEERS

524 F. Supp. 487 · District Court, S.D. Illinois · Oct 5, 1981

Local 520 does *493 not specify under which provision of the Federal Rules of Civil Procedure it moves, but clearly it contemplates dismissal under Rule 12. … Clearly, there is an allegation of purposeful discrimination. The case cited by Helmkamp, McDonald v.

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

Smith v. Molly Maid, Inc.

415 F. Supp. 2d 905 · District Court, N.D. Illinois · Feb 16, 2006

The evidence presented by Plaintiff was not persuasive to establish any of her three claims. M. POSSIBLE LOAN TO PLAINTIFF FROM HER COUSIN. 50. … Molly Maid did not clearly and unequivocally manifest to Plaintiff that it would not sell her a franchise.

People v. M.P.

297 Ill. App. 3d 972 · Appellate Court of Illinois · Jun 30, 1998

App. 1990) (expert testimony established that there is a possibility of scar formation after tattoo removal); Stephenson v. … Defendant argues that the trial court neither established what type of tattoos would qualify as “gang related” tattoos nor did the court ever indicate that defendant’s tattoos, if there were any, had any connection to the

Corey H. Ex Rel. Shirley P. v. Board of Education

995 F. Supp. 900 · District Court, N.D. Illinois · Feb 19, 1998

Unfortunately, the evidence at trial clearly establishes that Chicago teachers and administrators have not been trained in the basic principles of LRE, and continue to stand the mandate on its head by presuming that children … This clearly violates the ISBE’s responsibility under IDEA to “ensure” LRE compliance by the local district.

Boozell v. Estate of Pine Top Insurance

292 Ill. App. 3d 597 · Appellate Court of Illinois · Sep 30, 1997

The liquidator is clearly a party to the liquidation proceeding. … Clearly, this was the intent when Rule 304(b)(2) was promulgated.

Forney v. Calvin

35 Ill. App. 3d 32 · Appellate Court of Illinois · Dec 16, 1975

The record established that southeast of Quentin, Route 14 inclines upward towards the intersection, affecting tire visibility of a vehicle stopped at the stop sign on the southeast comer of the intersection. … Our review of the testimony of Oliver clearly indicates that defendant brought forth from the witness the education and work experience data which along with the type of questions could only suggest the qualifying of an expert

People v. McCoy

2016 IL App (1st) 130988 · Appellate Court of Illinois · Nov 30, 2016

Yet, Culverson initially denied having been shot, even though he clearly had been. … This testimony failed to establish Spalliero did, in fact, tell Culverson he was going to die soon.

Goldman v. First National Bank

56 F.R.D. 587 · District Court, N.D. Illinois · Sep 22, 1972

It is not applicable simply because a legal precedent may be established. … For any case-to qualify for class action treatment under 23(a)(2) there must be common questions of law or fact, and under 23(b)(3) these questions must ‘predominate’.

White

District Court, C.D. Illinois · May 11, 2026

However, because Plaintiff is not required to plead around an affirmative defense such as qualified immunity, the Court will permit Plaintiff’s First Amendment retaliation claim to proceed against Defendant Brown. … Despite Plaintiff including Defendants Alford, Hughes, Does I, II, and III, and Wexford, Plaintiff does not include facts that establish or permit the inference that they violated his constitutional rights.

People v. Gettings

116 Ill. App. 3d 657 · Appellate Court of Illinois · Jul 25, 1983

Upon being advised that defendant had transferred title of his house to his wife within the previous 12 months, the trial court found that defendant was not indigent and did not qualify for appointed counsel. … Clearly defendant was able to prepare his defense on the basis of the language of the indictment and furthermore, the indictment was sufficient to preclude any future prosecution arising out of the same conduct.

Spearman Industries, Inc. v. St. Paul Fire & Marine Insurance

128 F. Supp. 2d 1148 · District Court, N.D. Illinois · Jan 23, 2001

Defendant has not met its heavy burden of showing that the present situation qualifies as an exceptional circumstance. Thus, defendant is prohibited from presenting Kurucz as a witness. … Although neither party uses any of these terms, this is clearly a case of first-party insurance.

Andrew W. Levenfeld & Associates, Ltd. v. O'Brien

248 N.E.3d 1053 · Illinois Supreme Court · Sep 19, 2024

Both plaintiffs were highly qualified and spent around 3000 hours over 19 months, achieving a very good result for defendants, who discharged them for no reason. … demand on behalf of defendants totaling $17,106,662 that included a provision allowing defendant Maureen to purchase the home in which she resided, for which the title was held by one of the trusts established

People v. Griham

Appellate Court of Illinois · May 13, 2010

A double enhancement is not improper if the legislature clearly expresses an intent to allow it. People v. Owens, 377 Ill. App. 3d 302, 304, 878 N.E.2d 1189, 1191-92 (2007). … Because the State chose to enhance the classification of defendant's offense from a Class 3 felony to a Class 2 felony with his 1996 conviction under the Controlled Substances Act, it could not use that same conviction to qualify

Arclar Co. v. Gates

17 F. Supp. 2d 818 · District Court, S.D. Illinois · Aug 21, 1998

To bar or extinguish any separate mineral estate or any rights, immunities and interests appurtenant or relating thereto; .. 735 ILCS 5/13-120(1). … The Complaint clearly states that Arelar acquired the interests obtained by O’Gara Coal Company. (Doc. 2, p. 3, ¶ 6); see also (Doc. 2, p. 7, ¶ 5).