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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.
Cited 5 timesPublishedHayes 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.
Cited 10 timesPublished343 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.”
Declined to follow by People v. Garth, 353 Ill. App. 3d 108 (2004)Cited 32 timesPublishedAppellate 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.
Cited 0 timesPublishedAppellate Court of Illinois · Mar 22, 2001
Plaintiffs are litigants who were compelled to pay the fee when they filed their lawsuits for various causes of action, but did not qualify as users of the arbitration system. … The party who challenges a statute's constitutionality bears the heavy burden of clearly establishing the violation alleged. People v. Jeffries , 164 Ill. 2d 104, 111 , 646 N.E.2d 587 (1995).
Cited 0 timesPublishedBrennan Ctr. for Justice at N.Y. Univ. Sch. of Law v. Dep't of Homeland Sec.
331 F. Supp. 3d 74 · District Court, S.D. Illinois · Aug 3, 2018
Stated summarily, Plaintiff's challenge is not whether the statutes qualify under Exemption 3's first prong, but whether the withheld materials qualify under Exemption 3's second prong, i.e. , whether "the materials withheld … To show that particular documents qualify as "records or information compiled for law enforcement purposes," an agency must establish a rational nexus between the agency's activity in compiling the documents and "its law
Cited 15 timesPublished691 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
Cited 6 timesPublished726 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 .
Reversed on other grounds by Doe v. Small, 964 F.2d 611 (1992)Cited 9 timesPublished30 F. Supp. 3d 725 · District Court, N.D. Illinois · Mar 21, 2014
Sears, Roebuck & Co., 417 F.3d 789, 797 (7th Cir.2005), to establish a claim for failure to accommodate Isbell must show that (1) she is a qualified individual with a disability, (2) Crane was aware of her disability and … Isbell’s EEOC complaints and her subsequent termination following her accumulation of points under Crane’s attendance policy clearly satisfy the first two prongs, 5 leaving at issue only the alleged causal connection between
Cited 8 timesPublished321 Ill. App. 3d 397 · Appellate Court of Illinois · Apr 10, 2001
Both fighters are guilty of battery unless one of them qualifies to use force as an initial aggressor. See State v. Allred, 129 N.C. … Even if Jesse’s testimony is believed, that he had not made any physical contact before his nose was broken, that testimony does not establish that Jesse was not the initial aggressor.
Cited 33 timesPublished239 Ill. App. 3d 428 · Appellate Court of Illinois · Dec 28, 1992
The District’s RIF clearly involved the employees’ wages, hours, and conditions of employment. The effect on them was profound. … The IELRB found all this evidence clearly established discriminatory discharge. The District tried to show the dismissals were economically motivated.
Cited 13 timesPublishedChicago Title & Trust Co v. Friedland
304 Ill. 248 · Illinois Supreme Court · Oct 21, 1922
Webber, an attorney at law in Decatur, was named in the will as executor but refused to qualify as such. … Moreover, it also clearly appears from the record that Mrs.
Cited 2 timesPublished142 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.
Cited 3 timesPublishedLevin 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.
Cited 33 timesPublishedNew 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).
Cited 6 timesPublished239 N.E.3d 664 · Appellate Court of Illinois · Sep 25, 2023
For the purposes of this Act, the words and phrases described in this Section have the meanings designated in this Section, except when a particular context clearly requires a different meaning. … (b) The Chief Judge of each circuit shall appoint the Chief Probation Officer and all other probation officers for his or her circuit from lists of qualified applicants supplied by the Supreme Court.
Cited 2 timesPublished361 Ill. App. 3d 836 · Appellate Court of Illinois · Oct 27, 2005
After testifying to his credentials without objection, Leonhardt was qualified to testify as an expert in pediatrics in general and child abuse in particular. Dr. … Leonhardt, was qualified as an expert in cases of child abuse, having personally observed several prior instances of that offense.
Cited 62 timesPublishedResnick v. American Dental Ass'n
95 F.R.D. 372 · District Court, N.D. Illinois · Aug 18, 1982
Discovery has been denied only where the policy favoring exclusion has clearly outweighed plaintiffs’ need. O’Connor, 86 F.R.D. at 217 ; Webb, 81 F.R.D. at 434 . … That doctrine was simply not designed to immunize materials obtained through improper trial preparation activities. 3 And it is frankly absurd for ADA to call on Upjohn Co. v.
Cited 37 timesPublishedAspen American Insurance Company v. Mirov
District Court, N.D. Illinois · Mar 29, 2023
While the Supreme Court did not define the “objectively reasonable” standard, the Seventh Circuit has analogized the term to the “clearly established” standard in the qualified immunity context. Lott v. … Pfizer, Inc., 492 F.3d 789, 793 (7th Cir. 2007) (“qualified immunity jurisprudence provides appropriate guidance for determining whether a defendant had an objectively reasonable basis for removal.”).
Cited 0 timesUnknownThree 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.
Cited 17 timesPublished
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