Case law

Lewis v. Washington

197 F.R.D. 611 · District Court, N.D. Illinois · Aug 25, 2000

They also request a punitive damages award of $20,000, 2 but injunctive and declaratory relief is clearly the predominant form of relief sought. … Moreover, given the “well-established requirement that pro se pleadings be held to less stringent standards than those prepared by counsel,” Duncan v.

People v. Wolst

347 Ill. App. 3d 782 · Appellate Court of Illinois · Mar 29, 2004

On the other hand, defendant’s three witnesses, all qualified experts who evaluated the defendant’s mental condition, testified in support of the recommendation provided the defendant took his medication. … Foucha clearly places the burden on the State to establish, by clear and convincing evidence, a defendant’s insanity and dangerousness when the basis for his original confinement no longer exists.

People v. Chairez

104 N.E.3d 1158 · Illinois Supreme Court · Feb 1, 2018

To overcome this presumption, the party challenging the constitutionality of a statute has the burden of clearly establishing that it violates the constitution. Mosley, 2015 IL 115872, ¶ 22. … Thus, the State’s suggestion runs counter to established law.

Wysocki v. Upjohn Co.

157 Ill. App. 3d 868 · Appellate Court of Illinois · Jun 19, 1987

The statute’s wording "causes of action arising on or after March 1, 1978” clearly refers to underlying torts occurring on or after that date. See Verson Allsteel Press Co. v. … Plaintiff’s release contained no reservation or qualified language which could reasonably lead to a conclusion that a reservation was contemplated by plaintiff.

Taylor v. The Board of Education of the City of Chicago

2014 IL App (1st) 123744 · Appellate Court of Illinois · Jun 23, 2014

The plaintiff later qualified for workers’ compensation as a result of his injuries. … a clearly mandated public policy.

T.M. Sweeney & Sons, LTL Services, Inc. v. Crawford (In Re T.M. Sweeney & Sons, LTL Services, Inc.)

120 B.R. 101 · United States Bankruptcy Court, N.D. Illinois · Sep 21, 1990

The credibility of asset valuations set forth on the balance sheet was established by the testimony of Sweeney during the trial. Sweeney was duly qualified to attest to the information given on the balance sheet. … The statute clearly does not require an actual delivery of the discovered assets until the turnover order is entered.

Walker v. Butler

District Court, S.D. Illinois · Dec 12, 2024

Qualified Immunity Defendants also argue that they are entitled to qualified immunity, but because the Court grants summary judgment on the merits it need not address the qualified … immunity arguments.

Savory v. Cannon

District Court, N.D. Illinois · Mar 14, 2022

Qualified immunity is “an immunity from suit rather than a mere defense to liability,” and is “effectively lost if a case is erroneously permitted to go to trial.” Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). … Given its nature, qualified immunity is raised before trial, often at summary judgment. See Scott v.

Cuerton v. Abbott Laboratories, Inc.

111 Ill. App. 3d 261 · Appellate Court of Illinois · Dec 9, 1982

Plaintiff’s complaint alleges no facts which, if proven, would establish that Abbott had a duty to know of or to treat plaintiff’s illness, only that Abbott failed to do so. … As pointed out by Abbott, the plaintiff makes no allegations his illness occurred on the job or was work-related in any manner, or that his illness qualified him to receive the medical benefits to which he alleged he was

United States Ex Rel. Foster v. Gilmore

35 F. Supp. 2d 626 · District Court, N.D. Illinois · Jan 22, 1999

The first phrase of § 2254(d)(1) — authorizing habeas relief when the state court’s decision is “contrary to” clearly established federal law as determined by the Supreme Court — pertains only to questions of law. … Once again, this court cannot conclude that the state court’s decision on this issue “involved an unreasonable application” of clearly established federal law as determined by *629 the United States Supreme Court.

United States v. Mancari

663 F. Supp. 1343 · District Court, N.D. Illinois · May 8, 1987

With the meaning of § 2517(5) established, then, I turn to the defendant’s claim. B. § 2517(5) Applied. … its own to establish probable cause.

Knecht v. Radiac Abrasives, Inc.

219 Ill. App. 3d 979 · Appellate Court of Illinois · Oct 7, 1991

De Franco (1976), 64 Ill. 2d 303 , 356 N.E.2d 32 ), i.e., when an opposite conclusion is clearly evident, or the jury’s findings are unreasonable, arbitrary, and not based upon the evidence. (Marin v. … The types of conduct qualifying for admission as a routine business practice are ministerial acts: mailing, filing, sending notice, and the like. (See M.

McDonough v. Gencorp, Inc.

750 F. Supp. 368 · District Court, S.D. Illinois · Nov 1, 1990

Congress clearly intended the availability of multiple remedies for some offenses. … Moreover, since the courts have long held that the NLRA does not preempt state criminal statutes of general applicability and since many crimes defined by state law qualify as RICO predicates, it is also arguable that Congress

Ray Dancer, Inc. v. DMC CORP.

175 Ill. App. 3d 997 · Appellate Court of Illinois · Nov 3, 1988

Yet plaintiff has not offered enough evidence to establish any increase in orders. A series of purchase orders would be required to establish the frequency of orders. … “A court of review is entitled to have the issues clearly defined and to be cited pertinent authority.” 130 Ill. App. 3d at 689 .

The County of Du Page v. Illinois Labor Relations Board

Appellate Court of Illinois · Aug 24, 2007

No appeal was taken of the Board's determination of which deputies qualify as "peace officers" under the Act. … We first consider the well-established principles guiding our review of the issues raised on appeal.

Ruzhinskaya v. Healthport Techs., LLC

291 F. Supp. 3d 484 · District Court, S.D. Illinois · Mar 14, 2018

In that hypothetical circumstance, HealthPort argues, Beth Israel clearly would have been entitled to treat the 75 cents per page that it paid HealthPort as a "cost incurred" by Beth Israel. … Thus, HealthPort's charging practices with respect to Ruzhinskaya do not, by any means, clearly breach the agreement.

Village of Vernon Hills v. Heelan

2014 IL App (2d) 130823 · Appellate Court of Illinois · Sep 8, 2014

The court also clearly reaffirmed its holding in Krohe–that the term “catastrophic injury” as used in section 10(a) of the Act is -6-  synonymous with an … The only relief sought was a declaration that the Village did not have to pay the health insurance premiums–an issue that the Board clearly had no statutory authority to decide, raised by a party over

Neville v. True

900 F. Supp. 972 · District Court, N.D. Illinois · Sep 12, 1995

immunity, and sovereign immunity of the federal government. … Green, 446 U.S. 14 , 100 S.Ct. 1468 , 64 L.Ed.2d 15 (1980), the Supreme Court established that a plaintiff may maintain an action against individual defendants under Bivens while additionally suing the United States pursuant

German National Bank v. Meadowcroft

4 Ill. App. 630 · Appellate Court of Illinois · Dec 8, 1879

But the statute itself, clearly recognizes the principle that warehouse receipts represent and are evidence of title to the grain itself, and not mere promissory notes, payable in grain. … It is true, the warehouseman, until demand and payment of the storage'by the holders of the receipts, was entitled to possession, and so had a qualified property, as bailee or custodian, and such qualified property subsisted

People v. Hobbs

400 Ill. 143 · Illinois Supreme Court · Mar 18, 1948

The record shows that none of the parties whose statements were taken at the police station were abused in any way nor were they threatened with violence or promised immunity or leniency, but the statements were all given … The law is well established in this State that since the accused can expressly admit away his whole case by pleading guilty, he can admit away any part of it. People v. Pilewski, 295 Ill. 58 .