Case law

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.

Beale v. EdgeMark Financial Corp.

279 Ill. App. 3d 242 · Appellate Court of Illinois · Mar 29, 1996

The questions asked by the petitioner were clearly directed at actual liability or responsibility— the course of treatment, the standard of care — rather than potential liability — who were the physicians involved in the … App. 3d 407, 424 , 607 N.E.2d 1356, 1367 (1993) (Goldenhersh, J., concurring in part, dissenting in part) and concurred in the majority’s disposition of the issue of sovereign immunity in Malmberg v. Smith, 241 Ill.

Wirtz v. Quinn

953 N.E.2d 899 · Illinois Supreme Court · Jul 11, 2011

Reedy, 186 Ill. 2d 1, 9 (1999)), and a party challenging the constitutionality of a statute bears the burden of clearly establishing a constitutional violation (People v. … In doing so, we find that the substantive provisions in Public Act 96–34 clearly are connected to capital projects in that they establish increased revenue sources to be deposited into the Capital Projects Fund

Fowler v. Black

11 L.R.A. 670 · Illinois Supreme Court · Jan 22, 1891

This principle excluded parol evidence contradictory of the writing itself, even though such evidence might clearly show that the real intention of the parties was at variance with the particular intention expressed in the … Recurring then to the deed itself, we are of the opinion that, under the rules of law now firmly established in this State, said deed must be held to be a conveyance to Alonzo S.

People ex rel. Waller v. 1992 Oldsmobile Station Wagon

265 Ill. App. 3d 93 · Appellate Court of Illinois · Jul 20, 1994

The court, however, declined to establish specific standards to determine whether a forfeiture is "excessive” in a particular case. … It may be that he had 30 cartons over the limit, depending on whether his son qualifies for a separate 10-carton exemption. In any event, the relative value of the contraband is low.

Fila Sport v. Diadora America, Inc.

141 F.R.D. 74 · District Court, N.D. Illinois · Oct 7, 1991

We agree with the Magistrate Judge that plaintiff has failed to establish registration of the marks, and the record before this Court clearly demonstrates there is no use of the marks in interstate commerce. … The above statute clearly affords protection to applicants such as Fila and permits qualified foreign applicants who own a registered mark in their country of origin to obtain a United States trademark registration without

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.

Tuite v. Corbitt

224 Ill. 2d 490 · Illinois Supreme Court · Dec 21, 2006

Notably, the rule has been retained despite those difficulties and is now well established, with a long history in this state. … Thus, the existence of qualified privileges does not support a decision to abandon the rule now.

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.

Myre v. Board of Education of Seneca Township High School District No. 160

108 Ill. App. 3d 440 · Appellate Court of Illinois · Aug 9, 1982

We also find that the present case does not qualify as an exception to the mootness doctrine. (See People ex rel. Wallace v. Labrenz (1952), 411 Ill. 618 , 104 N.E.2d 769 ; Environmental Protection Agency v. … Ct. 226 (violation of first amendment establishment clause requiring separation of religion and the State).

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

332 Ill. App. 3d 127 · Appellate Court of Illinois · Jun 28, 2002

It began with a written qualifying test scheduled for January 10, 1998. … He was “clearly injured” by the education requirement established by the City, whether or not he took the test. Nolan, 309 Ill. App. 3d at 140 .

Rivera v. Commonwealth Edison Co.

2019 IL App (1st) 182676 · Appellate Court of Illinois · Dec 3, 2019

Id. § 5. ¶ 19 The plaintiff raises several principal arguments on appeal that the CSR position at issue does not qualify for the exemption under section 10(b)(5). … that since the legislature did not define the word “access,” we are left to decide if some job applicants will or will not have “access” to confidential information. ¶ 44 Here the CSRs at Commonwealth Edison clearly

Gayan v. Illinois Dept. of Human Services

342 Ill. App. 3d 1035 · Appellate Court of Illinois · Aug 29, 2003

A case that involves an examination of the legal effect of a set of given facts is a question of mixed law and fact and should not be overturned unless it is clearly erroneous. City of Belvidere v. … Section 1396p added strict criteria regarding the treatment of “Medicaid Qualified Trusts,” such as the inclusion of the corpus and proceeds of various irrevocable trusts as countable resources.

In Re Marriage of Levy

105 Ill. App. 3d 355 · Appellate Court of Illinois · Mar 26, 1982

Although it is undisputed that in 1979 Friedland established a residence in New York, he testified at hearings before the trial court that due to health problems he could not spend winters in a cold climate and that his position … Here, we believe the trial court properly found that Illinois does not qualify as the home State. The minor spent approximately one-half of the summer of 1980 in Illinois and one-half of the summer in New York.

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.

Brody v. Finch U.

Appellate Court of Illinois · Jul 31, 1998

Generally, to establish a violation of the Consumer Fraud Act, plaintiffs must establish that (1) defendant committed a deceptive act, such as the misrepresentation or concealment of a material fact; (2) defendant intended … To sufficiently establish an implication of consumer protection concerns, plaintiffs must plead and otherwise prove (1) that their actions were akin to a consumer’s actions to establish a link between them and consumers;

Halbert v. Dimas (In re Halbert)

576 B.R. 586 · United States Bankruptcy Court, N.D. Illinois · Nov 16, 2017

The debt must further be established or created by any number of orders, decrees, or agreements incident to any number of family court proceedings or by “a determination made in accordance with applicable nonbankruptcy law … Holding that the debt was non-dischargeable under § 523(a)(5), the court emphasized that “Congress clearly intended to broaden the types of debts that are not subject to discharge.” Schauer, 391 B.R. at 434.

People v. Nayder

106 Ill. App. 3d 489 · Appellate Court of Illinois · May 13, 1982

Segovia also testified that respondent told him he had established a “Foundation” and was doing research on the use of feces to make food, that he collected stools and had not used the toilet for several years. … The attempt to equate the two types of proceedings was thus rejected by the Stephenson court, which clearly stated that “we deem undesirable any additional steps which might erode the differences between mental health commitment

Schweiker v. Husser

146 Ill. 399 · Illinois Supreme Court · Mar 31, 1893

If such decisions can be found, unless they are clearly and manifestly repugnant to the established laws of the denomination, they are binding and conclusive upon the civil courts, and must be followed in the determination … But these rules which undoubtedly obtain in case of ordinary agencies, can have only a qualified application to the exercise of its constitutional powers by the governing body of a religious denomination.

Go-Tane Service Stations, Inc. v. Ashland Oil, Inc.

508 F. Supp. 200 · District Court, N.D. Illinois · Feb 5, 1981

Under the regulations, GoTane is clearly entitled to charge less than the maximum. 8 9 Indeed, Go-Tane maintains, and Ashland does not dispute, that it did charge its customers less than the maximum allowable price for several … If Ashland is permitted to assert the pass-on defense against Go-Tane, Ashland might be effectively immunized from suit on the overcharge theory, a result that concerned the Court in Hanover Shoe. *206 Accordingly, Go-Tane