Case law

Walker v. Barron

2021 IL App (1st) 210080 · Appellate Court of Illinois · Apr 27, 2021

ANALYSIS ¶ 10 On appeal, petitioners contend that Agpawa is not a duly qualified candidate for the office of Mayor of the City of Markham. … And while the constitution clearly states that the legislature may regulate the process for applying for a pardon, this provision “does not in any way restrict the Governor’s power to act.” Id. at 467.

Engle v. Department of Financial and Professional Regulation

2018 IL App (1st) 162602 · Appellate Court of Illinois · Jul 31, 2018

Illinois Department of Professional Regulation, 153 Ill. 2d 76, 88 (1992). ¶ 31 Mixed questions of law and fact are reversible if they are clearly erroneous. … An agency’s decision “is ‘clearly erroneous’ when the reviewing court is left with the definite and firm conviction that a mistake has been committed.”

Barrett v. Wasson Coal Co.

404 Ill. 11 · Illinois Supreme Court · Sep 22, 1949

The evidence on some of the points, is conflicting, but the record clearly indicates that there was no labor dispute which caused the stoppage of work. … A number of the mine bosses were qualified to make the examinations and, although not customarily used for that purpose, the company did not request them to serve in that capacity.

Wade v. Ramos

District Court, N.D. Illinois · Mar 19, 2019

To prevail over Defendants’ qualified immunity defense, Plaintiffs must demonstrate that either “(1) courts have clearly held that a materially similar affidavit previously failed to establish probable cause under facts … At a minimum, the judge’s determination on this issue would establish that Defendants have a qualified immunity defense, and thus the court need not reach Defendants’ qualified immunity defense.

In re National Collegiate Athletic Ass'n Student-Athlete Concussion Injury Litigation

314 F.R.D. 580 · District Court, N.D. Illinois · Jan 26, 2016

the Qualifying Class Member from qualifying for at least one (1) examination under his or her health insurance plan in the two (2) year period following his or her Medical Evaluation.” … NCAA, No. 1:14-cv-09322, ECF No. 1, And the proposed settlement class, if approved, clearly would encompass the Plaintiffs in those actions. .

Barakat v. Taco Bell, Inc.

970 F. Supp. 634 · District Court, N.D. Illinois · Jul 16, 1997

To establish a prima facie ease of discrimination for failure to promote, a plaintiff must show: (1) that he is a member of a protected group; (2) that he applied for and was qualified for the position sought; (3) that the … Such behavior clearly would not comport with defendant’s work rules 7, 10, and 11.

People v. Denzel W.

237 Ill. 2d 285 · Illinois Supreme Court · Mar 18, 2010

Our rules establish the requirements that attorneys must meet to be considered “duly licensed and qualified.” See, e.g., 210 Ill. 2d Rs. 704 (“Qualification on Examination”), 705 (“Admission on Motion”). … Conversely, where the defendant is entitled to counsel but the 711 law student appears alone in violation of the rule, the defendant clearly has been denied counsel.

Aida v. Time Warner Entertainment Co., LP

332 Ill. App. 3d 154 · Appellate Court of Illinois · Jun 28, 2002

Finally, the court reasoned that “the plain language of the Individual Dignity Clause clearly demonstrates that the Clause is merely hortatory! … , the individual dignity clause in no way qualifies or modifies the constitutional rights of free speech and press.]

People v. Masor

218 Ill. App. 3d 884 · Appellate Court of Illinois · Aug 28, 1991

Whether an expert is qualified to testify is within the sound discretion of the trial court, and its decision will not be overturned absent an abuse of discretion. People v. Sequoia Books, Inc. (1988), 172 Ill. … To establish the affirmative defense of entrapment, the evidence must establish that the government, for the purpose of obtaining evidence, induced the defendant to commit a crime originated by the government and that the

Factor v. Pennington Press, Inc.

230 F. Supp. 906 · District Court, N.D. Illinois · Dec 30, 1963

Judge Woodward clearly limited the scope of his opinion by stating: “The sole question here involved is the right to a rehearing under Equity Rule 69. … Hence, if Factor did acquire Russian citizenship and left before the Revolution, he would be a stateless person, and there have been cases which have held that a stateless person cannot qualify as a citizen of a foreign state

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.

Pittel v. Board of Education

20 Ill. App. 3d 580 · Appellate Court of Illinois · Jun 26, 1974

We think the record clearly shows that plaintiff knew what was expected of her at the time the leave was granted. … We think that the statute, which was read aloud to plaintiff, clearly sets forth the conditions and terms under which she was granted a sabbatical leave.

U.S. Equal Employment Opportunity Commission v. ALC Security Investigations, Ltd.

823 F. Supp. 571 · District Court, N.D. Illinois · Jun 7, 1993

individual on the basis of disability, including, but not limited to, discharging any qualified employee because of his or her disability. 6. … Such a burden is clearly greater than that which is suffered by the ordinary victim of a wrongful discharge.

Tabirta v. Cummings

450 Ill. Dec. 374 · Illinois Supreme Court · Oct 22, 2020

The defendant must be able to identify specific facts clearly establishing that the plaintiff’s choice of -5-  venue is improper. Id. … Since the facts in each case can vary widely, a court’s ultimate conclusion about whether a given home office qualifies as an “other office” hinges on its review of those specific facts.

Koh v. Graf

District Court, N.D. Illinois · Mar 29, 2018

To avoid judgment on qualified immunity grounds, the Fourth Amendment right that the Defendants allegedly violated must have been “clearly established” as of the time of the alleged arrest. Roe v. … The “clearly established” inquiry entails examining the right “in a particularized sense, rather than at a high level of generality.” Alicea v. Thomas, 815 F.3d 283, 291 (7th Cir. 2016).

Doe v. Board of Education of Community Unit School District 300

2025 IL App (2d) 250038-U · Appellate Court of Illinois · Dec 5, 2025

A cause of action should not be dismissed under section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery. Canel v. … Under section 24-24, teachers have the same immunity that parents enjoy in relation to their children, which is immunity from liability for ordinary negligence but not willful and wanton conduct. Henrich v.

In Re App. of People Ex Rel. Walgenbach

117 Ill. App. 3d 14 · Appellate Court of Illinois · Aug 3, 1983

Village of Kildeer (1960), 19 Ill.2d 342, 350 . • 2, 3 A court, however, is not bound by the literal language found in a statute where the language would defeat the legislature's obvious and clearly expressed objective or … App.3d 616 , "courts are generally cautious about adding words to a statute, [but] * * * will read into the meaning of a statutory provision a qualifying or expanding expression [which is] plainly implied by the general context

Styburski v. Riverview Park Co.

298 Ill. App. 1 · Appellate Court of Illinois · Dec 13, 1938

At the most the inspection was perfunctory and not made by one qualified to inspect this all-metal device. … This character of inspection alone clearly showed that defendant failed in its duty to exercise the degree of care required of it for the safety of passengers riding on its device.

Troogstad v. City of Chicago

District Court, N.D. Illinois · Sep 9, 2024

The Seventh Circuit test for whether a belief qualifies as “religious” is whether the belief “occupies a place in the life of its possessor parallel to that filled by the orthodox belief in God.” Adeyeye v. … Additionally, because the Court has found that Troogstad has failed to state a claim, it is unnecessary to reach the City’s assertion of immunity under the Illinois Tort Immunity Act.

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