Case law

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

Thillens, Inc. v. Morey

11 Ill. 2d 579 · Illinois Supreme Court · May 23, 1957

Section 10 specifies certain qualifying conditions precedent to the issuance of a license and provides that no application shall be denied by the Auditor without notice and hearing and the right of review in accordance with … The party attacking the validity of a statute has the burden of proving that it is clearly arbitrary and has no foundation in the police power for its existence.

Richter v. Fortis Benefits Insurance

41 F. Supp. 2d 866 · District Court, S.D. Illinois · Sep 16, 1998

These provisions clearly confer discretion on the Plan Administrators. The proof of disability depends upon the items that Fortis requests from the person seeking benefits. … Upon receipt of the items, it is Fortis that determines whether the items establish that proof. “No magic words are required to confer discretion. See Donato, 19 F.3d at 379 .” Id. at 1020.

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’.

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.

2700 Irving Park Bldg. Corp. v. City of Chicago

395 Ill. 138 · Illinois Supreme Court · Nov 20, 1946

He qualified as an expert. … Mark Levy, who also qualified as an expert, was called by the plaintiff.

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. Wilson

2017 IL App (1st) 143183 · Appellate Court of Illinois · Dec 18, 2017

This does not qualify as scientific evidence. See People v. … claim of ineffective assistance of counsel, defendant’s argument would still fail because, under the facts of the case, counsel’s decision not to request specific verdict forms was likely a strategic decision immune

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).

Berg v. Allied Security, Inc.

193 Ill. 2d 186 · Illinois Supreme Court · Jul 6, 2000

It therefore could not qualify as any kind of motion, much less a post-trial motion under section 2 — 1203. … It is not a reason for holding that the motion does not even qualify as a motion. A lame horse, after all, is still a horse.

In re Guardianship of Huseman - Corrected Opinion

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

Blackman v. Stone

17 F. Supp. 102 · District Court, S.D. Illinois · Oct 22, 1936

office in an earlier primary and were not qualified to sign a petition for a new party or other candidates. … Such matters are not the subjects of equitable jurisdiction.’ * * * The doctrine is clearly established that courts of equity will not thus interfere to determine questions concerning the appointment or election of public

Heabler v. Illinois Department of Financial & Professional Regulation

987 N.E.2d 856 · Appellate Court of Illinois · Mar 28, 2013

The ALJ also found Crick was qualified to provide expert testimony as a lawyer. … Furthermore, a mixed question of law and fact will be reversed only if clearly erroneous. Wade, 226 Ill. 2d at 505.

Cox v. Lashbrook

District Court, S.D. Illinois · Apr 2, 2020

Qualified immunity shields “government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … “The doctrine of qualified immunity protects government officials from liability for civil damages when their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Bertinetti v. Joy Mining MacHinery

231 F. Supp. 2d 828 · District Court, S.D. Illinois · Oct 9, 2002

Bertinetti is clearly not “prevented” from walking. Thus, the question is whether he is otherwise “substantially limited” in his ability to walk. … Williams, 534 U.S. 184 , 122 S.Ct. 681 , 151 L.Ed.2d 615 (2002), a case in which “the Court established a higher threshold for the statute than some had believed it contained.” Dvorak v.

People v. Nicholas L.

407 Ill. App. 3d 1061 · Appellate Court of Illinois · Feb 16, 2011

Here, the question presented by respondent involves the issue of statutory compliance and thus qualifies as a matter of a public nature. … The Code prohibits the involuntarily administration of psychotropic medication unless the State clearly and convincingly establishes that, inter alia, the respondent lacks the capacity to make a reasoned decision for himself

Marobie-FL, Inc. v. National Ass'n of Fire Equip. Distributors and Northwest Nexus, Inc.

983 F. Supp. 1167 · District Court, N.D. Illinois · Nov 13, 1997

Accordingly, NAFED cannot qualify as an innocent infringer. See Act Young Imports, Inc. v. … The clip art files enhanced the Web Page and furthered these commercial purposes; they were clearly not placed on the Web Page for the purposes of criticism, comment, news reporting, teaching, scholarship, or research.

Covey v. Morton Community Bank (In Re Sabol)

337 B.R. 195 · United States Bankruptcy Court, C.D. Illinois · Feb 6, 2006

Under the “Composite Document *199 Rule,” two or more documents in combination may qualify as a security agreement. … The steps required to be taken by secured parties to establish and protect their interests, having been reduced to a minimum, are simple and clearly laid out. In re Modafferi, 45 B.R. 370 (S.D.N.Y.1985).

The People v. Harper

26 Ill. 2d 85 · Illinois Supreme Court · Sep 28, 1962

A qualified chemist at the laboratory, Andrew Principe, obtained the packets from the sealed envelope in the narcotics safe on October 12, i960, analyzed them, and was of the opinion that the packets contained heroin. … The evidence clearly shows that officer Russell field tested the powder, found it positive, inventoried the two packets and took them in a sealed brown envelope to the crime laboratory the same night.