Case law

Thomas v. City of Evanston

610 F. Supp. 422 · District Court, N.D. Illinois · Feb 26, 1985

The Seventh Circuit affirmed the district court’s discretionary decision to immunize the employer from backpay liability resulting from its good faith reliance on the state statute. … In this case, Thomas’ EEOC charge clearly challenged the use of the physical agility examination.

People v. Simpson

76 Ill. App. 2d 441 · Appellate Court of Illinois · Nov 9, 1966

These cases are clearly distinguishable. In each, the accused was subjected both day and night to intensive interrogation sessions while being illegally held for a period of days. … This testimony, in our opinion, was properly excluded as it related only to one specific act by the deceased and is not the proper method for proving the victim’s character, or to qualify the defendant to give reputation

People v. Syverson

293 Ill. App. 3d 199 · Appellate Court of Illinois · Nov 12, 1997

FACTS At trial, it was established that the defendant was an Illinois state trooper. In 1976, he married Marianne Wielgopolan, and the couple had one child. … First we consider whether the Class X home invasion qualifies.

The PEOPLE v. Jordan

38 Ill. 2d 83 · Illinois Supreme Court · Sep 29, 1967

not clearly establish that the decedent and the person he shot at were one and the same. ■ Based on the foregoing facts set out herein, and an examination of the record, we cannot agree with defendant, as we find overwhelming … Carrabotta [defense counsel] says shame on the State for qualifying you for the death penalty. Well, I don’t think there is any difference between killing poor Mr. Waters and killing some celebrity.

Edgar County Watchdogs v. Joliet Township

226 N.E.3d 113 · Appellate Court of Illinois · Feb 23, 2023

Allen asserted in his request that he qualified “as both media and non-profit” under the FOIA. … Such fees shall be imposed according to a standard scale of fees, established and made public by the body imposing them.

People v. Anderson

2018 IL App (1st) 150931 · Appellate Court of Illinois · Jul 31, 2018

On June 9, Carter appeared before the grand jury again and testified in exchange for immunity from prosecution for the probation violation. … In fact, Darden never testified to the grand jury about Corey’s alleged threat, nor was there any evidence at trial that he spoke about it to police. ¶ 28 Thus, the State’s argument was clearly in error.

Chaney v. National Steel Corp.

272 Ill. App. 3d 850 · Appellate Court of Illinois · Jun 8, 1995

As the trial court determined, Granite City Steel and Chaney clearly announced that they had settled the case for $7.5 million. … The trial judge stated that he had presided over seven days of trial, and that, clearly, the $7.5 million settlement was made in good faith.

People ex rel. Brundage v. Hill Top Metals Mining Co.

300 Ill. 564 · Illinois Supreme Court · Dec 22, 1921

The facts stipulated and proved show clearly that the securities in question purchased by Ginsberg were based on prospective income and belong to the class referred to in the statute as speculative securities or class “D” … The admissions were to the effect that the stock in question was promotion stock, and was required by the act to be put up in escrow and could not legally be sold until qualified under class “C.”

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.

People Ex Rel. Kell v. Kramer

328 Ill. 512 · Illinois Supreme Court · Feb 3, 1928

(Mont.) 465, it was held that in the absence of legislative enactment a political party is governed by its own usages and establishes its own rules. To the same effect are Davis v. Hambrick. 58 S. W. … Their voting power was fixed at the time of their election, and the intent of the Primary law clearly appears to be that such power should remain the same regardless of such change.

People v. Willingham

186 N.E.3d 912 · Appellate Court of Illinois · Nov 6, 2020

Willingham argues this affidavit qualifies as newly discovered evidence because “there is no indication that either the State or Mr. … Further, “[m]atters of trial strategy are generally immune from claims of ineffective assistance of counsel.” People v. Smith, 195 Ill. 2d 179, 188 (2000).

Gray v. First National Bank

294 Ill. App. 62 · Appellate Court of Illinois · Feb 28, 1938

The petition of the bank to be substituted as plaintiff clearly set up the facts upon which it was based. … It might appoint the First National Bank, which the bill shows to be qualified.

Community Mental Health Council, Inc. v. Department of Revenue

186 Ill. App. 3d 73 · Appellate Court of Illinois · Jun 30, 1989

The Department clearly did not raise this issue in the trial court and it therefore cannot be raised on appeal under the circumstances here. … In light of the foregoing, the Foundation clearly was not a necessary party to the Council’s administrative review action against the Department.

Unity Christian School v. Rowell

2014 IL App (3d) 120799 · Appellate Court of Illinois · Apr 21, 2014

Only some types of preseminary or novitiate schools would likely qualify for exemption under the Department’s strict and narrow reading of the Act. … The Department’s finding to the contrary is clearly erroneous. Yet, the Department’s decision must be confirmed.

Federal Deposit Insurance Corp. v. Nihiser

799 F. Supp. 904 · District Court, C.D. Illinois · Feb 27, 1992

The defendants argued that section 1821(k) established a federal standard of gross negligence or a higher degree of culpability for directors' and officers’ liability. Id. at 535 . … public policy supporting their position by balancing “the government’s need to recover money damages for conduct amounting to aggravated fault on the part of directors and officers with the need to insure that competent and qualified

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

Williams v. City of Chicago

371 Ill. App. 3d 105 · Appellate Court of Illinois · Jan 12, 2007

Defendant's duty is limited by section 3-102(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), which provides: "[A] local public entity has the duty to exercise … Clearly, the defendant intended that plaintiff cross at the crosswalk, walk along the sidewalk toward her car, then step onto the curb and into the car.

Blessing/White, Inc. v. Zehnder

Appellate Court of Illinois · Mar 29, 2002

Essentially, the IITA establishes two methods by which corporate income will be divided among Illinois and the other jurisdictions in which the taxpayer conducts business. … The Department characterizes its ruling as a mixed question of fact and law and, therefore, urges for review under the clearly erroneous standard.

Midland Electric Coal Corp. v. County of Knox

1 Ill. 2d 200 · Illinois Supreme Court · Sep 24, 1953

The uncontradicted proof established those factors. … Qualified experts in the fields who have studied similar problems in various States related their experiences with many types of reclamation.

People v. Murphy

990 N.E.2d 815 · Appellate Court of Illinois · May 9, 2013

“In such instances,” we said, “no more than defense counsel’s prior or contemporaneous representation of the State’s witness is necessary to establish a per se conflict.” … Because the trial depends on the pretrial phase, it would be illogical to hold that only contemporaneous representation during the trial, not during the pretrial phase, qualifies as a per se conflict of interest