Case law

Acme Markets, Inc. v. Callanan

236 Ill. 2d 29 · Illinois Supreme Court · Oct 29, 2009

Under section 18 — 190 of that statute, a referendum was clearly required before a tax levy to support the detention home could be imposed. No such referendum was conducted prior to the 1997 levy or at any other time. … The second issue before us turns on the separate question of when, exactly, a levy qualifies as having been made for the first time.

Bank One v. Loeber Motors, Inc.

Appellate Court of Illinois · Nov 10, 1997

By filing its complaint, Bank One sought to enjoin the dealers from repossessing ten vehicles and a declaratory judgment establishing Bank One as the rightful owner of said vehicles. … Clearly, Bank One qualifies as a "merchant" with respect to the transactions at issue here.

Chatham Foot Specialist, P.C. v. Health Care Service Corp. Corrected opinion posted 10/11/05

Illinois Supreme Court · Sep 22, 2005

Clearly, a health-care provider who does not have a license to practice cannot enter into a valid fee agreement with patients. … Clearly, the intent of the legislature here is not to advance the public welfare but to allow professionals to incorporate in order to enjoy certain tax benefits and to reduce their potential civil liability.”

People v. Markiewicz

246 Ill. App. 3d 31 · Appellate Court of Illinois · Jun 22, 1993

Paul Schmitz testified for the State in exchange for immunity from prosecution for his involvement in Shelton’s murder and its concealment. … Although these witnesses testified in exchange for immunity from prosecution, their testimony was corroborated by other witnesses who testified that defendant admitted he murdered Shelton.

People v. Woods

2020 IL App (1st) 163031 · Appellate Court of Illinois · Aug 3, 2020

The court concluded that the testimony of these codefendants “clearly qualifies as newly discovered evidence.” Id. at 134-35. … ” ¶ 58 Our supreme court has clearly upheld the constitutionality of mandatory firearm enhancement provisions.

Taylor v. Prince

District Court, S.D. Illinois · Jan 27, 2021

This confusion is akin to mistake, inadvertence, or excusable neglect, which is sufficient for establishing good cause. … liability by the doctrine of qualified immunity.

Carpetland U.S.A., Inc. v. Department of Employment Security

319 Ill. App. 3d 1068 · Appellate Court of Illinois · Nov 9, 2000

Lawson stated that he advertised for a full- or part-time helper and hired a few, but had to fire them because they were not sufficiently qualified. … As such, the Illinois Supreme Court held that a clearly erroneous standard of review applied.

Knorst v. State Universities Civil Service System

325 Ill. App. 3d 858 · Appellate Court of Illinois · Sep 4, 2001

We further note that counsel’s letter of February 20, 1995, certainly qualifies as a formal request for review of the action taken on January 3, 1995. … A review of the letter establishes counsel’s attempt to file a formal request for review as suggested by section 250.130(a).

Wilson v. Weaver

358 F. Supp. 1147 · District Court, N.D. Illinois · May 23, 1973

Smith [ 392 U.S. 309 , 88 S.Ct. 2128 , 20 L.Ed.2d 1118 (1968)] establishes that, at least in the absence of congressional authorization for the exclusion clearly evidenced from the Social Security Act or its legislative history … Smith test of eligibility and would authorize the states to exclude persons from AFDC unless the statute or its legislative history clearly made coverage mandatory. That is clearly not the law.

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. Strange

81 Ill. App. 3d 81 · Appellate Court of Illinois · Feb 11, 1980

The overwhelming evidence in the case clearly established that the victim was fleeing from defendant at the time she was shot by him. … However, the rule is well established that improper remarks by a prosecutor do not constitute reversible error unless they result in substantial prejudice to the accused. (People v.

Ormsby Motors, Inc. v. General Motors Corp.

842 F. Supp. 344 · District Court, N.D. Illinois · Jan 26, 1994

To qualify a statement under Rule 804(b)(3), a declarant must be unavailable as a witness, the statement must be against the declarant’s interest and there must be corroborating circumstances that clearly indicate the trustworthiness … This is clearly contrary to the established authority on the standard for preliminary injunctions in this circuit.

Alguire v. Walker

154 Ill. App. 3d 438 · Appellate Court of Illinois · Mar 18, 1987

Alguire’s contention, that because he had dismantled the building “no one could be better qualified” to determine the building’s value, is untenable. … This action is clearly insufficient to support an award of punitive damages.

Denton v. Universal Am-Can, Ltd.

2019 IL App (1st) 181525 · Appellate Court of Illinois · Jun 2, 2020

-2-  established safety standards. She would then either accept or reject his application. … Thus, the jury in this case clearly disagreed with defendants’ oft-stated position that Kallis was the “principal protagonist in the accident.”

Marriage of Blaisdell v. Blaisdell

142 Ill. App. 3d 1034 · Appellate Court of Illinois · Apr 29, 1986

There is a presumption that the legislative enactments are constitutional, with the burden of clearly establishing the contrary on the party that asserts unconstitutionality. Sayles v. … This fundamental failure to interpret correctly section 505(a), as amended by Public Act 83 — 1404, is clearly evident from the legislative history of Public Act 83 — 1404.

Jameson v. Williams

2020 IL App (3d) 200048 · Appellate Court of Illinois · Sep 15, 2020

BACKGROUND ¶3 On October 22, 2018, Eric filed a petition to establish a parent-child relationship, parenting responsibilities, and parenting time with A.J. … The minor was due for immunization shots. While in the room, the minor woke up and was upset. Courtney began to breastfeed the minor to soothe her.

Cervac v. Littman (In re Littman)

517 B.R. 847 · United States Bankruptcy Court, N.D. Illinois · Sep 11, 2014

As such, it cannot qualify as a summary when what it summarizes is inadmissible. United States v. … In order to succeed on a Civil Rule 59(e) motion, a party bears the burden of clearly establishing a manifest error of law or newly discovered evidence. LB Credit Corp. v.

Davis v. BD. OF EDUC. OF CITY OF CHICAGO

213 Ill. Dec. 456 · Appellate Court of Illinois · Dec 14, 1995

Wardell Boyd (Boyd), also Davis’ department chair, was listed by the Board as a qualified consulting teacher. Boyd offered assistance to Davis during the remediation period. … The statute clearly vests the principal and consulting teacher with the power to make this determination.

Bi-Lo Stations, Inc. v. Village of Alsip

22 Ill. App. 3d 514 · Appellate Court of Illinois · Sep 3, 1974

Thus admitting the authority, under the proper exercise of the police power, to prescribe reasonable closing hours, the plaintiff says the qualifying conditions are absent here. … Having stated that the record here established a valid basis for the exercise of the police power, and there being nothing in the record to establish that the closing hours are arbitrary or unreasonable, we find no reason

City of Chicago v. Department of Revenue

210 Ill. App. 3d 273 · Appellate Court of Illinois · Feb 19, 1991

Here, the City clearly does not own the land. Moreover, the City has no other interest in the land aside from a standard lease agreement which was passed on to it from Kraft. … In holding that the buildings were tax-exempt, the circuit court stated that “the law is well established that property tax assessments can be apportioned to reflect and exclude those portions of the property which are entitled