Case law

People v. Smalley

10 Ill. App. 3d 416 · Appellate Court of Illinois · Mar 15, 1973

He was granted immunity to testify. April Backstrom testified for the State that she lived with Williams, and that he normally took the gun with him when leaving his apartment. … However, there was no foundation laid which qualified her to give reputation testimony.

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.

John Crane Inc. v. AIU Insurance Co.

2020 IL App (1st) 180223 · Appellate Court of Illinois · Dec 8, 2020

Although the court qualified Mishkin as an expert, it ultimately found his method of allocation problematic. … We cannot say that the opposite conclusion is clearly evident.

People v. Syverson

Appellate Court of Illinois · Nov 12, 1997

FACTS At trial, it was established that the defen­dant was an Illinois state troop­er. In 1976, he married Marianne Wielgopolan, and the couple had one child. … Likewise, the second degree murder convic­tion, a Class 1 felony, fails to qualify, contends the defendant, because "severe bodily injury" is an inherent element of the offense.

Stimeling v. Peoria Public School District 150

2018 IL App (3d) 170567 · Appellate Court of Illinois · Nov 14, 2018

According to plaintiff, truant officers qualify as law enforcement officers who are eligible for Disability Act and Benefits Act benefits. … App. 3d at 478. ¶ 33 Aside from its failure to clearly define truant officers’ authority, the School Code also lacks any language that explicitly equates truant officers to municipal police or other undisputed

Schmitz v. Binette

368 Ill. App. 3d 447 · Appellate Court of Illinois · Oct 13, 2006

Mercer about the use of the indigo carmine dye test to establish that the standard of care actually required the test; rather, plaintiff contended that his own expert, Dr. Hajj, could establish that point. … If a question is in proper form and clearly admits of an answer relative to the issues, the party by whom the question is propounded is not bound to state facts proposed to be proved by the answer unless the court requires

Sanders v. Franklin

25 F. Supp. 2d 855 · District Court, N.D. Illinois · Oct 26, 1998

To qualify as a transaction that establishes jurisdiction under the Illinois long-arm statute, the defendant’s act must give rise to the cause of action. Id. … The $500,000 in royalties which Sanders seeks clearly exceeds the $75,000 amount in controversy requirement.

People v. Ring

89 Ill. App. 2d 161 · Appellate Court of Illinois · Nov 28, 1967

The question remains — did the evidence, apart from the improper question, clearly and conscientiously show the defendant to be guilty? In a recent case, People v. … In the present case the defendant was represented by counsel who was fully qualified to apprise the defendant of his rights and there is no indication that counsel failed in its duty.

Metro East Cab Co. v. Doherty

302 Ill. App. 3d 402 · Appellate Court of Illinois · Jan 21, 1999

The court went on to determine that the drivers did not qualify as independent contractors because the company exerted not only general but extensive control over the performance of the drivers’ services. … The cases clearly establish that the specific facts must be considered in light of the “realities of economic life.”

Aramowicz v. Bridges (In Re Diamond Mortgage Corp.)

118 B.R. 588 · United States Bankruptcy Court, N.D. Illinois · Sep 15, 1989

Clearly, Hamilton’s message could be viewed by a reasonable consumer as an endorsement of Diamond by Hamilton. … The simple answer is that there is no requirement of expertise for something to qualify as an endorsement under the ICFA.

Keshner v. Keshner

376 Ill. 354 · Illinois Supreme Court · Apr 15, 1941

It is clearly established that Julia Keshner acted for her mother in all the transactions concerning the matter under inquiry. From the testimony of Julia Keshner, it appears that Edward P. … Clearly, if Julia were to continue as his agent she would require possession of the bonds, and that was given to her.

Headen v. Rust

39 Ill. 186 · Illinois Supreme Court · Jan 15, 1866

The legislature has also, by numerous enactments, clearly manifested that they regarded the rule there announced as the law of this State. … Tate, 20 Ill. 334 , approves the rule as limited and qualified by the case of Buckmaster v. Cool, 12 Ill. 74 . These are believed to be the only cases wdiich refer directly to the rule of Seeley v.

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).

Continental Air Transport Co. v. United States

14 F. Supp. 3d 1094 · District Court, N.D. Illinois · Jan 31, 2014

The IRS determined that Continental’s vehicles did not qualify as “automobile buses,” a prerequisite to receiving a gasoline excise tax refund from the government under 26 U.S.C. § 6421 (b). … Although Continental argues that the gasoline tax refund statute should not be held to be “inflexible,” the statute clearly states that a refund is permitted only with respect to gasoline used for regular-route service.

People v. Shaw

133 Ill. App. 3d 391 · Appellate Court of Illinois · May 17, 1985

Paige’s testimony clearly connected defendant to this specific incident. … Such items clearly may affect the expert’s level of certainty, but it is well established that lack of absolute certainty goes to the weight of the testimony, not to the admissibility. (See People v.

Ko v. City of Chicago

2025 IL App (1st) 221788-U · Appellate Court of Illinois · May 13, 2025

Milwaukee Avenue in Chicago that was “clearly marked for bicycle traffic” (a bike lane) which the city “intended to be used by bicycle traffic.” … ¶ 22 Our supreme court has held that the Tort Immunity Act defines the city’s duty. Alave v.

Clark v. Todd

310 Ill. 361 · Illinois Supreme Court · Dec 19, 1923

Clark qualified as executor. … We do not find in the codicil language which clearly and unequivocally expresses an intention of testatrix to revoke this provision of her will and cut down the interest of those nearest akin to her and make an equal distribution

Carolan v. City of Chicago

428 Ill. Dec. 144 · Appellate Court of Illinois · Jun 18, 2018

Finally, the circuit court found that plaintiffs could not establish proximate cause because the legal cause of Norton’s death was the independent criminal act of a third party and legal cause is not established where the … 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

People v. Universal Public Transportation, Inc.

362 Ill. Dec. 730 · Appellate Court of Illinois · May 23, 2012

We cannot determine: (1) whether the exhibits qualify as business records, made as memoranda or records of transactions; (2) whether the exhibits qualify as business records made in the regular course of business … “A reviewing court is entitled to have issues clearly defined with pertinent authority cited and cohesive arguments presented [citation], and it is not a repository into which an appellant may foist the burden

Ryherd v. General Cable Co.

151 Ill. App. 3d 1 · Appellate Court of Illinois · Nov 12, 1986

The court then concluded: “It would be unreasonable to immunize from punitive damages an employer who unjustly discharges a union employee, while allowing the imposition of punitive damages against an employer who unfairly … Recognizing that “[t]he duties imposed and rights established through the state tort thus derive from the rights and obligations established by the contract,” the court found any attempt to assess liability “inevitably will