Case law

In Re Estate of Marks

211 Ill. App. 3d 53 · Appellate Court of Illinois · Apr 5, 1991

Under Jerrold’s guidance during the years 1983 to 1987, M & R expanded the number of screens at established theaters, acquired the Fine Arts and Hyde Park theaters in Chicago and the Evanston Theater, and established the … We set forth several examples which clearly demonstrate that Jerrold and Louis did not realize or understand their duties in the position they occupied.

Gonzalez v. United States

967 F. Supp. 326 · District Court, N.D. Illinois · Jun 11, 1997

Indeed, they analyzed whether the difference between sentences qualified as “significant” with respect to the increase in offense levels, not months, that the alleged error produced. … Here, Gonzalez was clearly more culpable than his co-conspirators Carreno and Hinojosa. Indeed, Gonzalez organized the deal. Gonzalez established the meeting point with the undercover agent.

Ludwig v. United States

District Court, N.D. Illinois · Jan 5, 2021

Accordingly, the United States remains immune under the recreational use statute if the $5 fee that Johnson paid for each pass qualifies as a “parking fee” under Or. Rev. Stat. § 105.672(1)(c). … Once she did, the FTCA entitled the United States to assert defenses established by Oregon law, including a defense that turns on the esoteric question whether the $5 fees paid by Johnson qualify as “parking fees” under

People v. Borys

2013 IL App (1st) 111629 · Appellate Court of Illinois · Oct 17, 2013

Reynaldo Paras was qualified as an expert in the field of medicine and testified that defendant was his patient. … Bew, 228 Ill. 2d 122, 128-29 (2008). ¶ 33 Defendant argues there was a reasonable probability that a motion to suppress Price’s testimony would have been granted because (1) he clearly failed to comply with

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.

Cahnman v. Agency Rent-A-Car System, Inc.

299 Ill. App. 3d 54 · Appellate Court of Illinois · Sep 8, 1998

The statute clearly intended just the opposite. Paragraph (e) applies only to the liability cap as is clear by its prefatory language, “[f]or the purposes of subsection (d) of this Section.” … uncertainty about the applicable law [based on appellate court interpretation in one case], the pleadings here fail to adequately allege that defendant employed deception, fraud, or misrepresentation, *** since plaintiffs’ immunity

Orlowski v. Dominick's Finer Foods, Inc.

937 F. Supp. 723 · District Court, N.D. Illinois · Aug 9, 1996

It is well established that collective bargaining units do not represent managerial employees. See NLRB v. … This clearly contradicts Dominick’s current position that all lower-level managers are represented by Dominick’s. (R. at 17-19.)

People v. Lidster

202 Ill. 2d 1 · Illinois Supreme Court · Oct 18, 2002

Once the officers witnessed defendant’s erratic driving, they clearly had reasonable suspicion to detain defendant for further inquiry. See People v. Sorenson, 196 Ill. 2d 425, 433 (2001); People v. Brodack, 296 Ill. … , known crime, as opposed to a roadblock established to discover evidence of crime in general.

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.

Edwards v. Sangamon County Sheriff's Detention Facility

District Court, C.D. Illinois · Mar 28, 2023

Plaintiff has failed to clearly state a violation of his constitutional rights. Plaintiff must provide a factual basis for any intended claim. … In addition, the mere fact that a defendant was a supervisor is insufficient to establish liability because the doctrine of respondeat superior (supervisor liability) does not apply to actions filed under 42 USC §1983.

Freeman United Coal Mining Co. v. Human Rights Commission

173 Ill. App. 3d 965 · Appellate Court of Illinois · Aug 9, 1988

There is no question that Agoot was highly technically qualified for the position of maintenance foreman. Agoot also served for a time as a maintenance foreman shift leader. … A finding is against the manifest weight of the evidence if an opposite conclusion is clearly evident. Burke v. Board of Review (1985), 132 Ill. App. 3d 1094, 1100 , 477 N.E.2d 1351, 1356 .

Nesby v. Searby

District Court, S.D. Illinois · Sep 20, 2021

On April 17, 2020, Searby answered Nesby’s amended complaint and asserted affirmative defenses of absolute prosecutorial immunity, qualified immunity, collateral estoppel, jurisdiction, sovereign immunity, local government … On that same date, Ingram also answered Nesby’s amended complaint and asserted the doctrine of qualified immunity (Doc. 47).

Pederson v. Village of Hoffman Estates

2014 IL App (1st) 123402 · Appellate Court of Illinois · May 21, 2014

application of collateral estoppel, the legislative intent that an injured firefighter or police officer to be eligible for benefits under section 10(a) of the Act “whenever his or her injuries were sufficient to qualify … Defendants’ decision to deny plaintiffs benefits under section 10 of the Act, however, was clearly erroneous, as Pedersen’s catastrophic injury occurred in response to what the record clearly established to

Predny v. Village of Park Forest

164 Ill. App. 3d 688 · Appellate Court of Illinois · Jan 22, 1988

This argument is clearly without merit. … It is well established that if no such extension has been granted, a party may not seek post judgment relief beyond the 30-day period unless ***.” (Emphasis added.)

Northern Trust Co. v. Skokie Valley Community Hospital

81 Ill. App. 3d 1110 · Appellate Court of Illinois · Feb 28, 1980

MacLean was not professionally qualified to practice obstetrical anesthesia and was untrained in the resuscitation of the newborn. … The case before us is clearly distinguishable from Simpson in that the plaintiffs here had notice, on the first day of testimony at trial, that some of the defendants were considering calling Dr.

The People v. O'Connell

386 Ill. 606 · Illinois Supreme Court · Mar 21, 1944

Other provisions were for the establishment of a special fund for the payment of compensation in the event of default or insolvency of the applicant. … Clearly that rule has no application to the securities furnished to guarantee payment of compensation liabilities arising subsequent to the date of the application.

Highland Park Hospital v. Department of Revenue

155 Ill. App. 3d 272 · Appellate Court of Illinois · May 6, 1987

Our supreme court established the following principles which constituted the frame of reference to determine whether or not a use was in fact exclusively for charitable purposes: (1) the use was for the benefit of an indefinite … Francis was clearly deemed to be an institution of public charity and the fact that the vast majority of patients paid for care was not a valid basis to remove that classification “so long as charity was dispensed to all

Teich v. Teich

132 Ill. App. 2d 348 · Appellate Court of Illinois · Apr 8, 1971

The court said (p. 187): "This allegation clearly presents no basis for a claim of duress inasmuch as it is well established that it is not duress to institute or threaten to institute civil suits, or for a person to declare … It does not follow, however, that the property-settlement agreement is likewise immune from further judicial inquiry.

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.

Patten v. Northern Trust Co.

703 F. Supp. 2d 799 · District Court, N.D. Illinois · Mar 9, 2010

The Investment Committee is clearly a fiduciary with respect to investment decisions. TIP § 2.1(h). … When this duty to investigate was triggered is not clearly answered by the Amended Complaint.