Case law

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.

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.

United States v. Franklin

837 F. Supp. 916 · District Court, N.D. Illinois · Nov 4, 1993

The government, on the other hand, believes that Franklin qualifies for the two-level enhancement on either ground. … Although the defendant’s plan to defraud his client’s creditors was not elaborate, it clearly was enhanced by his special knowledge of the legal process generally, and as a regular before the bankruptcy court, of bankruptcy

Doe 8 v. Musselman

District Court, C.D. Illinois · Apr 29, 2025

Per the Plaintiffs, the constitutional right as framed by the Court in its March 5th Order is the exact right clearly established in York “in the distribution prong of the section 1983 case.” Plfs’ Mot. to Recons. … immunity – fail.

Sonntag v. Cook County, a municipal corporation,et al

District Court, N.D. Illinois · Mar 9, 2022

and Governmental Employees Tort Immunity Act (the “Tort Immunity Act”), 745 ILCS 10/1-101, et seq., and because the claims against the unnamed Defendants are barred by the Tort Immunity Act’s one-year statute of limitations … Defendants identify several provisions of the Tort Immunity Act that may supply them with immunity, including the failure to diagnose. See 745 ILCS 10/6-106.

R. Stewart Oil Co. v. State, Department of Revenue

124 Ill. 2d 116 · Illinois Supreme Court · Sep 22, 1988

Public Acts 84-223 and 84-220, effective September 1, 1985, amend both acts to establish a different tax rate structure for sales of gasohol containing ethanol which is distilled in Illinois or in a State which offers Illinois … The statutes legislate expressly in terms of State boundaries, drawing a distinction between gasohol qualifying and not qualifying for the tax benefit on the basis of the origin of the distilled ethanol used to produce gasohol

Real Colors, Inc. v. Patel

974 F. Supp. 645 · District Court, N.D. Illinois · Jul 25, 1997

Three of these factors clearly suggest that this Court lacks personal jurisdiction over Isoehem. … Moreover, even if,,arguendo, Isochem's actions qualified under § 5/2-209(a)(2), it is still not within this Court’s power to constitutionally exercise personal jurisdiction.

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.

Ravenswood Hospital Medical Center v. Schweiker

622 F. Supp. 338 · District Court, N.D. Illinois · May 8, 1985

of Health and Human Services, 698 F.2d 1337, 1347 (7th Cir.1983), in which the court held: The Secretary’s regulation banning the reimbursement of the cost of a telephone used for a Medicare patient’s personal comfort is clearly … The Medicare Act, on the other hand, was adopted only to provide medical care for the disabled and the aged who qualify as Medicare beneficiaries.

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.

Lidecker v. Kendall College

194 Ill. App. 3d 309 · Appellate Court of Illinois · Jan 19, 1990

The evidence clearly shows, however, that plaintiffs were fully informed by Labunski during their sophomore year class in fall 1982. … In addition, Labunski testified that she had been assured by the deans of all Chicago-area master’s programs that a Kendall degree would not bar an otherwise qualified applicant from admission.

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

Spivey Marine & Harbor Service Co. v. State

46 Ill. Ct. Cl. 41 · Court of Claims of Illinois · Jun 23, 1994

These and similar cases clearly establish that admiralty law should apply to this claim. We so hold. See also The Pennsylvania Railroad Company v. SS Marie Leonhardt (E.D. Pa. 1962), 202 F. Supp. 368 ; N.M. … If we apply maritime law, clearly attorney fees would be allowable under indemnity theory. However, we do not feel that this is a case of indemnity.

Doyle v. Shlensky

120 Ill. App. 3d 807 · Appellate Court of Illinois · Dec 30, 1983

Such an extension of liability clearly was not contemplated by Pelham. … The elements necessary to establish medical malpractice are the same as in any negligence action.

Jackson v. Village of Caseyville

214 Ill. App. 3d 1058 · Appellate Court of Illinois · Nov 15, 1990

This court finds that plaintiff was qualified as an expert because of his nearly 40 years of farming experience on the lands in question and with the crops grown. Kaiser Agricultural Chemicals v. Rice (1985), 138 Ill. … Contrasted with this brief testimony is plaintiff’s exhibit 14, the judgment order on the foreclosure suit that clearly indicates that the interest expense was incurred as a result of the 1977 mortgage note.