Case law

People v. Chester

2022 IL App (3d) 200420-U · Appellate Court of Illinois · Nov 17, 2022

factors clearly do not support defendant’s arguments. … Defendant has not and cannot establish that failure to question Humilier regarding the effects of PCP in a person’s blood would have resulted in a different outcome at trial when Humilier was not qualified

Aspen 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.”).

Lechuga v. United States

15 F. Supp. 3d 788 · District Court, N.D. Illinois · Jan 14, 2014

To establish ineffective assistance of counsel, Petitioner must show that his counsel was deficient and that this deficiency prejudiced him. Strickland v. … On the narrow question that was before the Court, it held that counsel’s failure to inform the defendant about a formal plea offer was clearly deficient. Id.

Swain v. City of Chicago

2014 IL App (1st) 122769 · Appellate Court of Illinois · May 13, 2014

We concluded that the plaintiff was injured while crossing outside of a marked crosswalk and the evidence clearly established that the metal plate was located outside of the crosswalk. ¶ 22 The clear … Since plaintiff was injured stepping into an area that the City clearly had not intended for pedestrian use, the City did not owe plaintiff any duty pursuant to section 3-102 of the Tort Immunity Act. 745

Kimble v. Earle M. Jorgenson Co.

358 Ill. App. 3d 400 · Appellate Court of Illinois · Jun 9, 2005

Rejecting Jorgenson’s “unreliability” argument, the circuit court stated: “I think this document is clearly a record kept in the ordinary course of business of what was believed to have occurred at the time. … Schipplein was unquestionably qualified to educate the jury about those forces, principles, and issues, and help it to make factual determinations.

Eads v. Heritage Enterprises, Inc.

Appellate Court of Illinois · Sep 26, 2001

Moreover, plaintiff must attach "[a] copy of the written report, clearly identifying the plaintiff and the reasons for the reviewing health professional's determination that a reasonable and meritorious cause for the filing … Specifically, section 3-609 provides: "Any person, institution or agency, under this [a]ct, participating in good faith in the making of a report, or in the investigation of such a report[,] *** shall have immunity from any

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

People v. West

264 Ill. App. 3d 176 · Appellate Court of Illinois · Jul 12, 1994

The court noted that it was clear that Walker’s actions were contrary to the statute, but the court determined that a person need not be licensed to qualify as an expert. … Such statements as defendant’s wife’s maiden name, her age, etc. were clearly irrelevant.

People v. Perry

27 Ill. App. 3d 230 · Appellate Court of Illinois · Mar 18, 1975

Defendant argues that since the legislature has established only two classes of individuals for purposes of making an arrest, namely, peace officers (Ill. Rev. … Such an ordinance is not inconsistent with the State statute, but clearly supplementary.

In Re Estate of Donovan

409 Ill. 195 · Illinois Supreme Court · Mar 22, 1951

The burden of proof that the widow accepted the rents under the provisions of the will is upon appellants, and they have failed by their proof to establish that fact.” Similarly, in Stone v. … Admittedly, Donovan served as coexecutor from the date he qualified in this capacity.

In Re Estate of Schneider

6 Ill. 2d 180 · Illinois Supreme Court · Jun 16, 1955

heretofore adopted by the courts of Illinois (the contract theory) and the substantive rule of contract law applied (the so-called parol evidence rule). (3) In the absence of legislation so requiring, the overruling and qualifying … In this case, there is nothing to establish that at the time Schneider signed these instruments he did not intentionally and knowingly sign them with the object of being bound by the clear, unambiguous provisions thereof.

Herb v. Pitcairn

306 Ill. App. 583 · Appellate Court of Illinois · Jun 14, 1940

Plaintiff’s evidence established that the TJ. … Such testimony was clearly proper, and in the opinion of this court, was testimony as to facts which were learned by plaintiff from observation and experience.

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).

Heabler v. Municipal Officers Electoral Board

338 Ill. App. 3d 1059 · Appellate Court of Illinois · May 5, 2003

The purpose of a statement of candidacy is to obtain a sworn statement from the candidate establishing his qualifications to enter the primary election for the office he seeks. Lewis, 63 Ill. 2d at 53 . … We do not find this rule unduly burdensome such that we need qualify it today. Accordingly, petitioner’s nominating papers are invalid because he failed to specify which of the two trustee positions he sought.

Federal Trade Commission v. Asia Pacific Telecom, Inc.

802 F. Supp. 2d 925 · District Court, N.D. Illinois · Jul 26, 2011

The uncontested facts, however, do not establish liability on Count X. … But that does not change the fact that Defendants wish to argue certain calls or groups of calls qualified for regulatory exceptions or FTC forbearance policies.

Szewczyk v. Board of Fire & Police Commissioners

381 Ill. App. 3d 159 · Appellate Court of Illinois · Mar 18, 2008

The parties do not dispute that a police chief qualifies as a necessary officer. … The denial of a hearing is properly remedied through mandamus because plaintiff has clearly established that (1) he has a clear right to a hearing before the Commissioners, (2) there is a clear duty on the part of the Commissioners

Mull v. Abbott Laboratories

563 F. Supp. 2d 925 · District Court, N.D. Illinois · Jun 30, 2008

She further alleges that less qualified non-African-American employees, including one whom Plaintiff trained, were not ter *931 minated. (Id. ¶ 20.) … Within Count I, there are multiple race discrimination claims that are not clearly delineated.

Crawley v. Board of Education of the City of Chicago

2019 IL App (1st) 181367 · Appellate Court of Illinois · Aug 12, 2019

A teacher is given about 12 sick days in a school year for use because of a personal or qualifying family member’s illness. … Factual determinations are against the manifest weight of the evidence if the opposite conclusion is clearly evident. Cinkus v.

Stasior v. National Railroad Passenger Corp.

19 F. Supp. 2d 835 · District Court, N.D. Illinois · Aug 28, 1998

Stasior in the present case, bears the burden of establishing its admissibility by a preponderance of proof. Bradley v. … Herrin’s methodology as to "psychosocial pressures” since the case law clearly states that ordinary workplace stress is not actionable under FELA. Consolidated Rail Corporation v.

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.”