Case law

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

Belfield v. Findlay

389 Ill. 526 · Illinois Supreme Court · Mar 21, 1945

His claim is based solely on the will, and, to qualify as remainderman, he must establish his identity as a beneficiary described in the will. … It follows that, under the law established by applicable decisions, defendant is not the owner of the property in controversy.

People v. Whitehead

171 Ill. App. 3d 900 · Appellate Court of Illinois · Jun 14, 1988

Richardson stated defendant spoke clearly and understandably and she saw him eat dinner that night with ladies from her building. … The State offered the vase testimony to combat insanity and intoxication defenses and establish defendant’s intent.

Krohe v. City of Bloomington

Appellate Court of Illinois · May 13, 2002

The legislative branch of government is responsible for making public policy, and the judiciary should give effect to enactments by the legislature establishing public policy. … Here, there is no challenge of constitutional infirmity, and our deference to the clearly expressed will of the legislature is required.

Department of Revenue v. National Bellas Hess, Inc.

34 Ill. 2d 164 · Illinois Supreme Court · Jan 25, 1966

The company is a Delaware corporation and is qualified to do business only in Delaware and Missouri. … This stipulation clearly means that respondent has solicited mail order sales in Iowa. [Emphasis added.]

Johnson v. Matrix Financial Services Corp.

354 Ill. App. 3d 684 · Appellate Court of Illinois · Dec 9, 2004

Each part shall also clearly show the points or grounds relied upon under the Section upon which it is based.” 735 ILCS 5/2 — 619.1 (West 2002). … While this “unreasonableness” determination may indeed be “fact intensive,” plaintiffs still must allege sufficient facts to establish each element under RESPA’s antikickback provision.

Marathon Petroleum Co. v. Cook County Department of Revenue

467 Ill. Dec. 293 · Appellate Court of Illinois · Dec 30, 2022

For mixed questions, the reviewing court reviews whether the agency’s decision is clearly erroneous. Id. … Accordingly, we do not find the decision of the agency to be clearly erroneous. Id.

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.

People v. Kotlarz

193 Ill. 2d 272 · Illinois Supreme Court · Oct 13, 2000

a grant of immunity. … We believe the evidence clearly established that defendant knowingly participated in this deception.

Brady

District Court, C.D. Illinois · Jan 22, 2026

“As a practical matter, then, [courts] may dispense with the ADA and the thorny question of sovereign immunity, since [a plaintiff] can have but one recovery.” Id. at 672. … Jan. 28, 2016) (The PREA “does not create a private cause of action” but instead “establishes finding of facts, sets forth statistics, recites research, adopts standards, and provides for grant money”) (collecting cases

People v. Thomas

204 Ill. Dec. 437 · Appellate Court of Illinois · Sep 29, 1994

The trial judge’s ruling on whether the defendant established purposeful discrimination is dependent on credibility and will not be disturbed on appeal unless it was clearly erroneous. … As a result, the defendant has not established that the modified instruction deprived him of a fair trial.

MJ & Partners Restaurant Ltd. Partnership v. Zadikoff

126 F. Supp. 2d 1130 · District Court, N.D. Illinois · Nov 27, 1999

. • utilizing financial information from the Restaurant and leveraging off the success of this Restaurant without regard for our rights as clearly defined in the license • utilizing the Restaurant’s employees and has on several … In order to establish the existence of a reasonable expectancy on its part, Cornerstone must show that it had more than “the mere hope” of continuing its arrangement with Hyatt. Williams v.

People v. Chandler

129 Ill. 2d 233 · Illinois Supreme Court · Jun 19, 1989

Ct. 2052 , in order to establish a valid claim. … The State argues that this is clearly a legislative oversight, since burglary (Ill. Rev.

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.

Youakim v. McDonald

926 F. Supp. 719 · District Court, N.D. Illinois · Jun 30, 1995

Additionally, they claim that the State may not deprive them of those benefits without granting them the opportunity to establish that they will qualify for the same benefits under the new HMR Reform program. … If the application is denied, DCFS must clearly state the reasons for the denial.

De Dandrade v. U.S. Dep't of Homeland Sec.

367 F. Supp. 3d 174 · District Court, S.D. Illinois · Feb 15, 2019

Seldin , 422 U.S. 490 , 511, 95 S.Ct. 2197 , 45 L.Ed.2d 343 (1975) ). 1 To qualify, the organization "must meet the same standing test that applies to individuals." Id. (internal quotation marks omitted). … For example, in Centro , the Second Circuit upheld organizational standing where the challenged conduct would force an organization to "divert money from its other current activities to advance its established organizational

Nicholson v. St. Anne Lanes, Inc.

136 Ill. App. 3d 664 · Appellate Court of Illinois · Aug 23, 1985

Defendant argues first that the bartender was not qualified as an expert and thus was not entitled to give an opinion and second, that the bartender’s statement was not made within his agency or authority. … App. 3d 428 , 342 N.E.2d 190 ), or unless clearly excessive. (Hoff v. Yellow Cab Co. (1964), 53 Ill. App. 2d 333 , 203 N.E.2d 8 .)

People ex rel. Moloney v. Pullman's Palace Car Co.

64 L.R.A. 366 · Illinois Supreme Court · Oct 24, 1898

Norman Williams, Jr., and their associates, successors and assigns, be and are hereby created a body politic and corporate, under the name and style of ‘Pullman’s Palace Car Company, ’ with all powers, rights, privileges and immunities … The design of a special traverse, as distinguished from a common traverse, is to explain or qualify the denial. The essential parts of such a plea are the inducement, the denial and the verification.

Amalgamated Transit Union, Local 241 v. Illinois Labor Relationws Board, Local Panel

2017 IL App (1st) 160999 · Appellate Court of Illinois · Dec 18, 2017

This is a question that the [board] is uniquely qualified to answer, given its experience and understanding of bargaining in education labor relations. … Which issues are mandatory, and which are not, will be very fact-specific questions, which the [board] is eminently qualified to resolve.”

People v. Kizer

318 Ill. App. 3d 238 · Appellate Court of Illinois · Dec 26, 2000

Reddick, 123 Ill. 2d 184 (1988), did not qualify for retroactive application under the second exception. Flowers, 138 Ill. 2d at 242 . … But clearly Reddick and Apprendi deal with similar concerns and concerns that, in our view, are of commensurate gravity.