Case law

Bernard v. Scott

District Court, N.D. Illinois · Nov 20, 2020

Qualified Immunity Defendants claim they are protected by qualified immunity. … As the Court noted in Pearson, qualified immunity balances two competing interesting.

People v. Lewis

334 Ill. App. 3d 993 · Appellate Court of Illinois · Nov 8, 2002

The clearly savage beating of a child which resulted in an innocent and defenseless child’s death. … Defendant argues the evidence failed to establish this factor.

Village of Elk Grove Village v. Illinois State Labor Relations Board

245 Ill. App. 3d 109 · Appellate Court of Illinois · May 3, 1993

However, the reviewing court may reverse the agency’s findings of fact when they are against the manifest weight of the evidence and it is clearly evident the agency should have reached an opposite conclusion. … If Goss’ and Goostree’s committee duties do not qualify as managerial, none of the duties of the other lieutenants qualify, either.

United States v. Potter

419 F. Supp. 1151 · District Court, N.D. Illinois · Sep 1, 1976

The evidence goes no further than to establish the existence of a day-to-day arrangement for defendant Woods to use these premises primarily for carrying out her own clerical duties for the policy wheel. … On the other hand, there is strong support for the contention that being “the object of a search” does not establish Fourth Amendment standing.

Amato v. Greenquist

287 Ill. App. 3d 921 · Appellate Court of Illinois · Apr 16, 1997

from their ambit, so long as they do not hold themselves out as qualified under the acts. … First, we believe that the allegations clearly indicate that the plaintiff approached the bishop within the context of his duties as the head of the church. As such, the claim is clearly nonjusticiable.

Handley v. Unarco Industries, Inc.

124 Ill. App. 3d 56 · Appellate Court of Illinois · May 9, 1984

Because this is a drastic measure, however, it is to be granted only where the evidence, when construed most strongly against the moving party, establishes clearly and without doubt his right thereto. … Although there are no disputed issues of fact in this case, we conclude that the defendants have not clearly established their right to summary judgment.

People v. Williams

85 Ill. App. 3d 850 · Appellate Court of Illinois · Jun 10, 1980

At trial, he was qualified and accepted as an expert in his field which he stated involved the examination of physical evidence. … This witness had been qualified and accepted as an expert in the field of forensic pathology which he stated included the detection of powder bums on a victim’s skin.

Petition of Midwest Towing Company

203 F. Supp. 727 · District Court, E.D. Illinois · Mar 30, 1962

The reason for this was not clearly established. The petitioner contended that the plates were placed thereon to strengthen the sides in case of a collision or coming into contact with barges or piers when tying up. … The evidence established that the Cooper had a 360 h. p. diesel engine installed.

Schweizer v. Mager

297 F. 334 · District Court, N.D. Illinois · Feb 29, 1924

Congress has eliminated all the special classifications taxed under different paragraphs in the prior acts mentioned, but has included in one classification all those previously taxed under different paragraphs, manifests clearly … Further corroboration of such intention is found in the fact that whereas, in earlier acts the definition of broker was limited to one who buys or sells “as a broker,” Congress has in the 1918 act entirely eliminated such qualifying

Drenckpohl v. Barker

253 Ill. App. 3d 203 · Appellate Court of Illinois · Mar 12, 1993

We cannot conclude that Velma Drenckpohl’s retention of possession of the certificates of deposit established her lack of do-native intent. … The evidence must clearly and convincingly show that there was a lack of donative intent at that time. (In re Estate of Eiberger (1978), 60 Ill. App. 3d 790, 794 , 376 N.E.2d 793, 796 .)

In Re Marriage of Hunter

223 Ill. App. 3d 947 · Appellate Court of Illinois · Jan 23, 1992

Powell clearly testified that the equipment of Hunter’s Welding in its current condition was worth no more than $17,000. … Here, the trial court’s valuation was well within the range established by the expert testimony, and its valuation was not against the manifest weight of the evidence.

Lake Point Tower Ltd. v. Human Rights Comm'n

Appellate Court of Illinois · Aug 28, 1997

Lymph nodes are an important part of the body's immune system because of their role in fighting infection. Some of her lymph nodes have been surgically removed. She suffers pain, fatigue, and malaise. … The Commission did not err in finding that Johnson established a prima facie case of discrimination.

Illinois Municipal League Risk Management Association v. State Farm Fire and Casualty Company

2016 IL App (1st) 131180 · Appellate Court of Illinois · Feb 2, 2016

The contract required Lynwood to notify the Association of any occurrence, and the contract established the Association's right and duty to defend Lynwood. … Because the county did not qualify as an insurer, it could not count as a primary insurer.

Caruthers v. Fisk University

394 Ill. 151 · Illinois Supreme Court · May 21, 1946

In order to qualify itself under the 1911 act, Fisk University complied with the statutory requirements and thereafter possessed the power to take and hold real estate by devise or otherwise. … We are of the opinion that the trial court was correct in dismissing the bill for want of equity and establishing the title to the South Michigan avenue real estate in the appellee. Decree affirmed.

Horak v. Biris

130 Ill. App. 3d 140 · Appellate Court of Illinois · Jan 23, 1985

obtained significant information from plaintiff’s wife about the personal profile of plaintiff and the Horak’s marital relationship; (4) upon defendant’s request and relying upon defendant’s reputation in the community as a qualified … To this extent, any malpractice committed by the defendant in the treatment of plaintiff’s wife would clearly have an impact upon the plaintiff as well. See Anclote Manor Foundation v. Wilkinson (Fla.

Gottemoller v. Gottemoller

37 Ill. App. 3d 689 · Appellate Court of Illinois · Apr 14, 1976

The down payment on the marital residence could qualify as a special contribution under section 17, if the premises were solely in the name of the defendant. … While it may also be inequitable for defendant to receive the chimes, candleholders and freezer, we find nothing in the record which establishes a sufficient basis for us to reverse the trial court as to these matters.

People v. Zayas

159 Ill. App. 3d 554 · Appellate Court of Illinois · Jun 26, 1987

The court found Braun to be highly qualified in the field and also found the State was not required to establish that hypnosis was a field possessing a reasonable degree of scientific certainty. … However, our supreme court has subsequently determined that Daley does not apply retroactively, nor would the death-qualifying of a jury despite such a proper waiver prejudice a defendant. People v.

Ohio-Sealy Mattress Manufacturing Co. v. Sealy, Inc.

90 F.R.D. 45 · District Court, N.D. Illinois · Mar 9, 1981

In re September 1978 Grand Jury (II) clearly forecloses the former contention. … Haeger Potteries, Inc., 35 F.R.D. 551, 555 (N.D.Ill.1964) (“Where attorneys for parties have a mutu *48 al interest in litigation exchange their work product, it remains protected by a qualified privilege.”).

Richardson v. Roney

382 Ill. 528 · Illinois Supreme Court · Mar 18, 1943

She made a will by which she devised the farm lands to trustees to convert into cash and pay the proceeds to the Trustees of the University of Illinois to establish a foundation or charitable trust, to be known as “The Lydia … The language clearly so shows. The words “of her the said Lydia E. Parker who may survive her,” clearly refer to the brothers and sister “of her” the said Lydia E. Parker.

People Ex Rel. Hartigan v. Community Hospital

189 Ill. App. 3d 206 · Appellate Court of Illinois · Sep 21, 1989

To support this argument, the Bank notes that the question in Kinzer involved application of the Illinois Governmental Tort Immunity Act to the plaintiff’s claims. … “[T]he law regarding third-party beneficiaries is well established. A third-party beneficiary may sue for breach of a contract made for his benefit. (Carson Pirie Scott & Co. v. Parrett (1931), 346 Ill. 252, 257 .)