Case law

Grevas v. Village of Oak Park

235 F. Supp. 2d 868 · District Court, N.D. Illinois · Dec 19, 2002

In order to establish a claim of disability discrimination under the ADA, the plaintiff must show that: (1) she is a person with a disability as defined in the Act; (2) she was qualified for the job that she was performing … First, she was not qualified to perform the essential functions of her job.

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

Grabs v. Safeway, Inc.

334 Ill. Dec. 525 · Appellate Court of Illinois · Sep 30, 2009

In Smith, our supreme court determined that the defendant park district was not immune under the Local Governmental and Environmental Employees Tort Immunity Act (745 ILCS 10/2-109 (West 2002)) against claims of retaliatory … the law in Illinois, except when the discharge violates a clearly mandated public policy.'"

Rice v. Apfel

16 F. Supp. 2d 971 · District Court, N.D. Illinois · Sep 2, 1998

Hosan’s medical report where this new evidence was clearly material and clearly related to the period on or before the date of the ALJ’s hearing decision. … Hosan’s medical report because the new evidence was clearly material and clearly related to the period on or before the date of the ALJ’s hearing decision. 20 C.F.R. § 416.1470 (b).

People v. Grabow

462 Ill. Dec. 789 · Appellate Court of Illinois · Jun 24, 2022

-3- 2022 IL App (2d) 210151 ¶ 10 As she was talking to El Said, Romanovich heard defendant very clearly. Defendant was “[i]rate, agitated, [and] angry.” … “If the defendant fails to establish either prong, his ineffective assistance claim must fail.” Id.

People v. Deleon

227 Ill. 2d 322 · Illinois Supreme Court · Jan 25, 2008

As defined by Webster’s, “entitle” means “to qualify (one) for something.” Webster’s Third New International Dictionary 758 (1993). Similarly, Black’s defines “entitle” as “to *** qualify for.” … Clearly, defendant was “qualified for” an extended-term sentence, as he stood convicted of murdering a seven-year-old girl.

McAuliffe v. Reuter

166 Ill. 491 · Illinois Supreme Court · May 11, 1897

rules or exceptions which have been established by the decisions. … We are satisfied that the case at bar falls within the general rule, and not within any exception to it, established in this State.

Chicagoland Chamber of Commerce v. Pappas

378 Ill. App. 3d 334 · Appellate Court of Illinois · Dec 14, 2007

A party challenging a statute’s validity bears a heavy burden of clearly establishing that the subject legislation is unconstitutional”). Moreover, courts will construe statutes, if possible, to be constitutional. … “It is well established that the legislature has broad powers to establish reasonable classifications in defining subjects of taxation.” [Citation.]

Moran Transportation Corp. v. Stroger

303 Ill. App. 3d 459 · Appellate Court of Illinois · Mar 5, 1999

The village argued that the plaintiffs lacked standing to challenge the exemption because they did not qualify for the exemption and therefore suffered no actionable injury. … As the court stated in Ball, “[w]ere we to accept the Village’s argument, only those residents who qualify for the exemption would be capable of challenging it.

Thompson v. Archer Daniels Midland Co.

174 F. Supp. 2d 833 · District Court, C.D. Illinois · Dec 5, 2001

DISABILITY UNDER THE ADA To establish disability discrimination in violation of the ADA, Plaintiff must show: (1) he is disabled within the meaning of the ADA; (2) he is qualified to perform the essential functions of the … Plaintiffs reliance on the holding in Thompson is clearly misplaced based upon the recent contrary holding by the Seventh Circuit in Contreras .

Emery v. Northeast Illinois Regional Commuter Railroad Corporation

377 Ill. App. 3d 1013 · Appellate Court of Illinois · Nov 30, 2007

Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … from liability under the Tort Immunity Act.

People v. Sequoia Books, Inc.

149 Ill. App. 3d 383 · Appellate Court of Illinois · Oct 31, 1986

cannot escape the force of the abatement statute by calling the premises a “hotel”, “apartment”, “club”, or giving it any name which purports to identify it as a place of lawful and legitimate business; nor can certain immunity … be gained by showing mathematically that the principal business of the establishment is legitimate.”

People v. McBride

2012 IL App (1st) 100375 · Appellate Court of Illinois · May 17, 2012

In particular, defendant contends that the evidence was not sufficient to establish that he was armed with a weapon “other than a firearm,” nor was it sufficient to establish that the gun he held was … This was clearly enunciated by our supreme court in Washington, 2012 IL 107993, ¶ 29-37, which has indeed applied the proof requirement in Ross to the aggravated vehicular hijacking statute and, more

O'Connor v. High School Board of Education

288 Ill. 240 · Illinois Supreme Court · Apr 15, 1919

The constitution requires that all elections shall be free and equal, which means that the vote of every qualified elector shall be equal in its influence with that of every other one. (People v. … In 1882 Evanston high school was established as a high school for Evanston township under the act of 1879.

City of Chicago v. Fraternal Order of Police, Lodge No. 7

399 Ill. App. 3d 707 · Appellate Court of Illinois · Mar 24, 2010

BACKGROUND In March 2006, the JISC was established as an operating entity to employ a multidisciplinary approach to processing juvenile arrestees. … App. 3d 337 (1993), to argue that this verbiage clearly indicates the arbitrator intended the award as a remedial measure and not punitive.

Socialist Workers Party v. Chicago Board of Election Commissioners

433 F. Supp. 11 · District Court, N.D. Illinois · Mar 14, 1977

This defense has been clearly rejected by the Supreme Court. Williams v. Rhodes, 393 U.S. 23 , 89 S.Ct. 5 , 21 L.Ed.2d 24 (1968); Wesberry v. Sanders, 376 U.S. 1, 5-7 , 84 S.Ct. 526 , 11 L.Ed.2d 481 (1964); Baker v. … Rhodes, 393 U.S. 23 , 89 S.Ct. 5 , 21 L.Ed.2d 24 (1968), the court was faced with a challenge to Ohio’s statutory scheme for qualifying third parties on the ballot.

Prejean v. Dischbein

District Court, S.D. Illinois · Jun 2, 2022

Here, Plaintiff has sufficiently established her indigence. Her monthly income is $814, and her monthly expenses for rent, phone, and electricity are approximately $650 (Doc. 4, pp. 2-3). … The Court may dismiss a case if it determines the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins

Butzow v. Kern

264 Ill. 498 · Illinois Supreme Court · Oct 6, 1914

Section 32 is as follows: “All officers provided for in this article shall hold their offices' until their successors shall be qualified, and they shall, respectively, reside in the division, circuit, county or district for … The salaries fixed under section 25 of article 6 of the constitution were established in view of the allowance and retention of the fees, and it is manifest that great injustice would result from now giving to the constitution

City of Chicago v. Provus

115 Ill. App. 2d 176 · Appellate Court of Illinois · Sep 30, 1969

It is a well established principle in Illinois that the zoning ordinances of a municipality involve the exercise of its regulatory police power. (Quilici v. Village of Mt. … The judgment of a court which had jurisdiction is immune from collateral attack, even though such judgment is erroneous. (Woodward v. Ruel, 355 Ill 163.) . . .

Aguayo v. Christopher

865 F. Supp. 479 · District Court, N.D. Illinois · Sep 26, 1994

[T]he fact of equal application does not immunize the statute from the very heavy burden of justification which the Fourteenth Amendment has traditionally required of state statutes drawn according to race.” Id. … Aguayo does not plead that she delayed out of ignorance of a legal cause of action that clearly existed during the time in which she delayed.