Case law

Mineral Point Railroad v. Keep

22 Ill. 9 · Illinois Supreme Court · Apr 15, 1859

B, Booth was the agent and Dexter the conductor, is not conclusively established by the return; it can be contested. … If the issue is found against the company, and the fact of agency established, leave will always be given to plead to the merits.

In re Detention of Lieberman

2017 IL App (1st) 160962 · Appellate Court of Illinois · Aug 22, 2017

Weitl specifically found, in respondent’s case, that antisocial personality disorder predisposed him to acts of sexual violence and qualified as a mental disorder under the Act. … Maness, 191 Ill. 2d 478, 483 (2000)) and that the party challenging a statute bears the burden of clearly establishing the constitutional infirmity (People v.

Hayes Freight Lines, Inc. v. Castle

2 Ill. 2d 58 · Illinois Supreme Court · Jan 20, 1954

Stat. 1951, chap. 95 j£, par. 228,) is established. … Á Federal certificate of convenience and necessity to engage in interstate commerce does not, of course, imply immunity from the payment of taxes and other valid financial obligations.

People v. Washington

343 Ill. App. 3d 889 · Appellate Court of Illinois · Sep 30, 2003

A forensic scientist was called by the State at trial to establish that the content of the 14 small bags was cocaine. … Likewise, in the case at bar, the parties stipulated that forensic chemist Brister was “qualified to testify as an expert in the area of forensic chemistry.”

Braun v. City of McHenry

District Court, N.D. Illinois · Mar 31, 2025

Plaintiff Braun’s motion to deny immunity [301], his motion to deny facts [302], and his motion to dismiss Defendants’ motions [313] are all responses to the Defendants’ motions and are stricken. … The court recognizes that the evidence at trial might well support a verdict in their favor, or a finding that they are entitled to qualified immunity. The court has set a June 2, 2025 trial date in this case.

Moss v. Amira

Appellate Court of Illinois · Mar 24, 2005

In so ruling, the court made the following finding: “Plaintiff did not and could not establish that this communication resulted in any prejudice to him or that [the doctor’s] conduct was in any way improper. … This is clearly improper. In her brief, Amira surprisingly makes the following statement: “There was nothing improper in merely providing Dr.

People v. Johnson

406 Ill. App. 3d 805 · Appellate Court of Illinois · Dec 20, 2010

However, the objections raised below were clearly based on theories different from those defendant presents here. … The analyst was qualified, without objection, as an expert in forensic DNA analysis.

Brown v. Real Estate Resource Management, LLC (In Re Polo Builders Inc.)

388 B.R. 338 · United States Bankruptcy Court, N.D. Illinois · Jan 24, 2008

In those instances, each defendant shall state clearly the portion admitted and the portion denied. … DJM clearly did not do so. Douglass testified that he either did not or could not ascertain RERM’s financial condition, because no information was available to establish that condition. (Douglass Trial Test.)

Methodist Medical Center v. Ingram

82 Ill. 2d 511 · Illinois Supreme Court · Nov 18, 1980

Mary’s indicates approximately 30% of its patients are given emergency care, although how many of these qualify for aid to the medically indigent is not disclosed. … In our judgment the scope of the State’s police power clearly encompasses the power to impose on hospitals licensed by it conditions reasonably designed to promote public health and safety.

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.

Lujano v. Town of Cicero

691 F. Supp. 2d 873 · District Court, N.D. Illinois · Mar 5, 2010

As before, they fail to establish that Lujano is required to make any such showing. … The Town mentions in passing that under the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., employers may be immune from sexual harassment not committed by employees within the

Three Angels Broadcasting Network, Inc. v. Department of Revenue

381 Ill. App. 3d 679 · Appellate Court of Illinois · Mar 31, 2008

The ALJ concluded that the vast majority of the property at issue did not qualify for a religious-use or charitable-use property tax exemption. … Accordingly, we will only reverse the decision of the Department to deny the exemptions if that decision was clearly erroneous.

Doe v. Small

726 F. Supp. 713 · District Court, N.D. Illinois · Dec 4, 1989

Applicability of Section 1983 Under Section 1983 a plaintiff has a remedy for any deprivation of rights, privileges or immunities secured by the Constitution or laws of the United States. … Thus the articles themselves, authenticated and supplemented by the obviously admissible affidavits, qualify as recorded recollections under the hearsay exception in Fed.R. Evid. 803(5). 15 .

Shefcik v. VILLAGE OP CALUMET PARK

532 F. Supp. 2d 965 · District Court, N.D. Illinois · Nov 7, 2007

If Officer Shefcik establishes a prima facie First Amendment retaliation claim, Defendants may rebut Officer Shefcik’s claim by establishing that they would have taken the same actions in the absence of Officer Shefcik’s … Qualified Immunity Finally, the Court rejects Chief Davis’ argument that he is entitled to qualified immunity. See Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d *981 272 (2001); Belcher v.

Rosolowski v. Clark Refining and Marketing

383 Ill. App. 3d 420 · Appellate Court of Illinois · Jun 16, 2008

Our supreme court held that this change did not qualify as a “clear change of circumstances.” Barliant, 74 Ill. 2d at 231 . … reversed decertification, finding that the additional discovery did not amount to “changed circumstances” because the newly discovered facts affected only “each class member’s possible recovery or ability to ultimately establish

Doe v. Guardian Life Insurance Co. of America

145 F.R.D. 466 · District Court, N.D. Illinois · Apr 27, 1992

A class action that satisfies the requirements of Rule 23(a) then must also qualify under one of the three subsections of Rule 23(b). … This finding is all that is required to establish the typicality element.

Haberl v. County of Monroe

142 Ill. App. 3d 152 · Appellate Court of Illinois · Apr 9, 1986

Paragraph Thirteenth provided for establishment of a trust for the benefit of Jill Smith. The corpus of the trust was $30,000. … The difference between “estate” tax and “inheritance” tax is well-established.

Levin v. Welsh Brothers Motor Service, Inc.

164 Ill. App. 3d 640 · Appellate Court of Illinois · Dec 1, 1987

Levin responds that Eisenberg qualified as an expert and was uniquely able to aid the jury on the earnings question. … In addition, Welsh contends that Eisenberg was not qualified, tendered, or identified as an expert witness whose opinion testimony might be admissible.

New Holy Temple Missionary Baptist Church v. Discount Inn, Inc.

308 Ill. Dec. 995 · Appellate Court of Illinois · Feb 9, 2007

In this case the church clearly had a genuine interest in the outcome of its section 2 — 1401 petition to vacate the tax deed judgment. … (a) Property used exclusively for: (1) religious purposes; *** % qualifies for exemption as long as it is not used with a view to profit. (b) Property that is owned by (1) churches!.]” 35 ILCS 200/15 — 40 (West 2004).

Cavin v. Home Loan Center, Inc.

236 F.R.D. 387 · District Court, N.D. Illinois · May 10, 2006

Clearly, joinder of 49,000 persons is impracticable. Therefore, the proposed class is sufficiently numerous to satisfy Rule 23(a)(1). 2. … not establish a claim for statutory damages under 1681n.