Case law

Lipschultz v. So-Jess Management Corp.

89 Ill. App. 2d 192 · Appellate Court of Illinois · Nov 27, 1967

Plaintiff contends (1) the defendant failed to prove acts or circumstances constituting a constructive eviction ; (2) the defendant did not vacate the premises with diligence and failed to establish a causal connection between … Exhibit 2, a letter from plaintiff to defendant, dated August 18, 1964, acknowledges exhibit 1 and states plaintiff had no objection to subletting the premises to a qualified tenant, and that although plaintiff had other

People ex rel. Malley v. Barrett

203 Ill. 99 · Illinois Supreme Court · Jun 16, 1903

“Civil rights are those which have no relation to the establishment, support or management of the government. … We think, clearly not, because no state of facts, however stated, could confer power to adjudicate in that class of cases.

Johnson v. State

48 Ill. Ct. Cl. 345 · Court of Claims of Illinois · May 15, 1996

The law is well established that in order to maintain an action in negligence the Claimant must establish by a preponderance of the evidence that the Respondent owed Claimant a duty, that the duty to Claimant was breached … Clearly, the injury to the Claimant was an unfortunate incident, but there is not credible evidence to establish that the Respondent or its agents were in any way negligent by act or omission.

People v. Young

103 N.E.3d 622 · Appellate Court of Illinois · Apr 25, 2018

More importantly, defendant does not argue that he was not extended-term eligible, he simply argues that the record does not clearly establish that he was. … That is, the error is that the trial court record did not clearly establish that defendant served at least 7½ months of a 6-year sentence for his 2004 conviction.

People v. Williams

252 Ill. Dec. 236 · Appellate Court of Illinois · Dec 15, 2000

In this case, corpus delicti was established without reference to any confession by defendant. … The evidence in this case is clearly sufficient to establish defendant’s guilt of first degree murder beyond a reasonable doubt. The remaining issues concern defendant’s sentence.

Carolan v. City of Chicago

2018 IL App (1st) 170205 · Appellate Court of Illinois · Jun 28, 2018

¶ 13 Section 4-102 of the Tort Immunity Act provides: “Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide … Regardless, the 911 call here clearly requested police intervention in response to a robbery in progress and therefore involves a police protection service for the purposes of section 4-102 of the Tort Immunity Act, which

Jimenez v. Richardson

353 F. Supp. 1356 · District Court, N.D. Illinois · Jan 30, 1973

Legitimate children born after the beginning of disability, and otherwise qualified, would receive benefits, as would children born before the beginning of disability, whether legitimate or illegitimate. … But no matter how clearly it can be shown that Eugenio and Alicia are the dependent children of Ramon, the statute excludes them from benefits which it grants to legitimate children otherwise similarly situated.

People v. Lyons

26 Ill. App. 3d 193 · Appellate Court of Illinois · Nov 27, 1974

An included offense means one which is established by proof of the same or less than all of the facts or a less culpable mental state (or both), than that which is required to establish the commission of the offense charged … Nor can there be any question that Griffith’s gun swinging attack was actuated by such a wholly wanton and reckless disregard of human life as to clearly imply an intent to take the life of his victim.

Village of Winfield v. ISLRB

Illinois Supreme Court · Mar 20, 1997

as the library establishment election. 75 ILCS 5/4--3 (West 1992). … The Act clearly contemplates that the library board will determine its own budget.

In re Detention of Lieberman

Appellate Court of Illinois · May 28, 2010

Ostrov had previously been qualified as an expert in psychology and in the evaluation of sexual offenders. The trial court qualified Dr. … The doctor further noted that respondent was acting “selfishly for his own sexual gratification” and that he felt he “was immune from the law.” According to Dr.

Lake County Riverboat L.P. v. Illinois Gaming Board

313 Ill. App. 3d 943 · Appellate Court of Illinois · May 19, 2000

The Board did not appeal Judge Goshgarian’s venue order, though it clearly had the right to seek leave to appeal. See 166 Ill. 2d R. 306(a)(4). … Plaintiff first contends that Judge Walter’s venue ruling was erroneous because Judge Walter failed to adhere to the conditions of intervention established by Judge Goshgarian.

People v. Nere

2018 IL 122566 · Illinois Supreme Court · Feb 5, 2019

Clearly, the prosecution in Brown had not established that the defendant’s conduct was a “but-for” cause of the victim’s death. … Although establishing “but-for” cause is sufficient to establish cause-in-fact and will be established in the majority of cases, we do not believe that “but-for” cause is always necessary to establish cause-in-fact

Equal Employment Opportunity Commission v. Burlington Northern Inc.

618 F. Supp. 1046 · District Court, N.D. Illinois · Sep 20, 1985

The fund was non-reversionary so that the full $10 million plus interest it may earn, will be paid to qualified claimants under the consent decree. … These defendants being unions does not immunize them from their obligation, imposed by statute, to pay reasonable attorneys’ fees and costs to a prevailing plaintiff.

Atchison, Topeka & Santa Fe Railway Co. v. City of Chicago

136 F. Supp. 476 · District Court, N.D. Illinois · Jan 12, 1956

Section 28-1 contains no qualifying or limiting language, from which the court can conclude that the service by Transfer’s vehicles was not encompassed within its scope. … Since 1906, through routes may also be established by the order of the Interstate Commerce Commission. * * * ” Thus, the “duty” contained in § 1(4) to establish through routes is usually exemplified, and continues to be the

South Chicago Coal & Dock Co. v. Illinois Commerce Commission

365 Ill. 218 · Illinois Supreme Court · Dec 10, 1936

Orders of the commission are entitled to great weight, for they arise out of the deliberations of its members, who are much better qualified to interpret the testimony and charts of specialists and technicians. … When the sufficiency of the evidence to support an order of the commission is questioned the order will not be set aside unless it is clearly against the manifest weight of the evidence. Commerce Com. v.

American Federation of State, County & Municipal Employees (AFSCME), Council 31 v. Illinois Labor Relations Board, State Panel

2014 IL App (1st) 123426 · Appellate Court of Illinois · Oct 17, 2014

The ALJ also found that the ALJs’ proposed orders in rate cases clearly qualify as managerial because they “innovate” rather than merely “nudge” the law in a particular direction within established standards … The evidence establishes that the ALJs have a prominent role in the fulfillment of the Commission’s duties and are the “whole game” with regard to the agency’s mission.

Cabrera v. ESI Consultants, Ltd.

41 N.E.3d 957 · Appellate Court of Illinois · Sep 18, 2015

¶ 121 The Tort Immunity Act grants immunity to municipal defendants engaged in certain discretionary acts. 745 ILCS 10/2-201 (West 2012). … An employee may qualify for discretionary immunity “if he holds either a position involving the determination of policy or a position involving the exercise of discretion.”

People v. Popeck

385 Ill. App. 3d 806 · Appellate Court of Illinois · Oct 31, 2008

. §201 (1996)) qualified protective order. … Section 11 — 501.4(b) establishes the foundational elements of admitting chemical tests in a prosecution for a DUI. 625 ILCS 5/11 — 501.4(b) (West 2006).

Riley-Jackson v. Casino Queen, Inc.

776 F. Supp. 2d 815 · District Court, S.D. Illinois · Feb 27, 2011

Under this approach, a plaintiff first must establish a prima facie case of discrimination. … Neither party addresses whether Burton would have been qualified for any of the promotions which the Casino Queen failed to post or announce.

Dozoretz v. Frost

145 Ill. 2d 325 · Illinois Supreme Court · Nov 21, 1991

To prevail in a specific-objection proceeding, the taxpayer must establish that “the valuation has been fraudulently made.” (Clarendon Associates v. Korzen, 56 Ill. 2d at 104 .) … A mere overvaluation or undervaluation of property is not enough to establish that an assessment was fraudulently made. (People ex rel. Rogers v. Odin Coal Co. (1909), 238 Ill. 279, 282 .)