Case law

Tomlinson v. Dartmoor Construction Corp.

206 Ill. Dec. 371 · Appellate Court of Illinois · Dec 16, 1994

OPINION I Initially, defendant contends that the trial court erred in determining that plaintiffs successfully established defendant’s liability for breach of contract. … For the trial court’s judgment to be against the manifest weight of the evidence, an opposite conclusion must be clearly evident. (See Hamel, 230 Ill. App. 3d at 256 .)

People v. Malone

71 Ill. App. 3d 231 · Appellate Court of Illinois · May 4, 1979

The severity of the sanctions established by the act provides another indication that strict liability was not intended. … App.3d 478, 483 , "We recognize that a situation may arise where a public official's interest in a contract, upon which he might be called to act or vote, may be so slight as to fail to qualify as `an interest in contract

Fedanzo v. City of Chicago

333 Ill. App. 3d 339 · Appellate Court of Illinois · Aug 2, 2002

We note that plaintiff makes a constitutional challenge to the residency requirement, claiming it violates the privileges and immunities clause of the United States Constitution. … The hearing officer’s determination that plaintiff was not threatened but was merely read his administrative rights was not clearly erroneous.

Hall v. Burlington Northern Santa Fe

977 F. Supp. 1344 · District Court, N.D. Illinois · Sep 15, 1997

Hall asserts that she became aware that the job of Yardmaster was awarded to Debbie Winters, an allegedly less qualified white female. On November 11, 1994, Ms. … The only letter from Burlington Northern that clearly rejected Ms. Hall for a position is dated outside the limitation period for Ms. Hall's claim. (Pl. Ex. 5A).

People v. Richardson

123 Ill. 2d 322 · Illinois Supreme Court · Mar 23, 1988

Ernest Warner is a firearms examiner for the City of Chicago police department and was qualified by the court as an expert witness. … The identifications were admissible because the totality of circumstances clearly and convincingly establishes that those identifications had an independent origin in the witnesses’ memories of events at the time of the crime

People v. Crose

194 Ill. App. 3d 97 · Appellate Court of Illinois · Jan 19, 1990

Clearly, defense counsel was not conceding defendant’s guilt. … Both defendants contend that the trial court erred in finding her qualified to testify as an expert witness.

Robbins, Coe, Rubinstein & Shafran, Ltd. v. Ro Tek, Inc.

23 Ill. App. 3d 705 · Appellate Court of Illinois · Oct 8, 1974

Nevertheless the mandatory application of these provisions has been qualified by the United States Supreme Court on two occasions. In Casey v. … Reynolds, our supreme court specificaUy recognized that “[a]ny person, whether resident or not of the county in which the original judgment is rendered, may be summoned as a garnishee,” reasoning that the legislature clearly

Kohl v. Housing Auth. of City of Bloomington, Ill.

537 F. Supp. 1207 · District Court, C.D. Illinois · May 3, 1982

In other words, if a family qualifies for Section 8 housing assistance, a maximum of thirty per cent of its income will be used to pay rent. The rest is paid to the landlord by the PHA with federal funds. … It found that the regulations clearly allowed the application of eligibility criteria other than income and family composition. See also Ressler v.

Union Planters Bank, N.A. v. Thompson Coburn LLP

Appellate Court of Illinois · Jun 3, 2010

The evidence at the trial established that a qualified corporate trustee was licensed under a regulatory body as a corporation to be engaged in the offering of trust services to the public. … "Rather, to establish her injury, the plaintiff must establish that she incurred additional attorney fees." Nettleton, 387 Ill. App. 3d at 755.

Graumenz v. Fritcher

District Court, S.D. Illinois · Jul 26, 2024

The Court will dismiss the complaint if it is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins v. … Neither does the detained-goods exception apply, as the allegedly damaged property was never removed from the property or in the possession of law enforcement and plainly does not qualify as “detained.”

Paramount Health Systems, Inc. v. Wright

907 F. Supp. 1212 · District Court, N.D. Illinois · Dec 1, 1995

Another segment of people are known as qualified Medicare beneficiaries (“QMBs”). … Clearly, such a result would be fundamentally inconsistent with Congress’ purpose in enacting the Medicare Act. Id.

Armstrong v. Barber

239 Ill. 389 · Illinois Supreme Court · Apr 23, 1909

The probate or letters testamentary, when granted, relate back to the date of a testator’s death and validate acts done by an executor before he qualified. … The contention of appellee that the vesting of the equitable interests is postponed until ten years after the probate is certainly not clearly expressed in the will.

Gilliland v. Board of Education

67 Ill. 2d 143 · Illinois Supreme Court · Apr 5, 1977

Some thought that she did not clearly explain assignments or give adequate instructions. … The board’s findings are not, of course, immune from judicial review. The court function, however, is limited, and does not permit substitution of the court’s judgment for that of the board.

People v. Hammond

355 Ill. Dec. 1 · Illinois Supreme Court · Dec 1, 2011

R. 210 (Aug. 1, 2006)), that established a procedural preference for sanctions over revocation proceedings where qualifying violations are concerned. ¶ 6 BACKGROUND ¶ 7 (Issue No. 1) ¶ 8 The case presenting the first issue … Under those circumstances, the department must be able to verify and document risk factors surrounding the violation, which clearly establish that administrative sanctioning is inappropriate and that a petition to revoke

Estate of Johnson v. Condell Memorial Hospital

119 Ill. 2d 496 · Illinois Supreme Court · Feb 11, 1988

For the plaintiff to state a cause of action against Condell for negligence, he must set out facts establishing the existence of a duty owed by the defendant to the plaintiff, that the duty was breached and that, as a proximate … The Code also sets forth numerous sections intended to “provide extensive safeguards clearly intended to minimize the possibility of confinement of persons for whose protection, or the protection of others, confinement is

Johnson v. Halpin

413 Ill. 257 · Illinois Supreme Court · Sep 17, 1952

In Arkansas there had been a vague doctrine of tax immunity of natural or common rights. ( 2 Ark. L. Rev. 411 .) However, in McGriff v. … Classifications by the legislature will not be invalidated unless it clearly appears that they are arbitrary and unreasonable. In People v.

Guillen v. City of Chicago

956 F. Supp. 1416 · District Court, N.D. Illinois · Mar 3, 1997

The officer claimed, among other things, that he was entitled to good faith immunity under Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … Not until February 5, 1997, in the plaintiffs reply to the defendants’ response to the disqualification motion, did the plaintiff clearly express her desire to have her attorneys informally interview the paramedics.

Von Kettler v. Johnson

57 Ill. 109 · Illinois Supreme Court · Sep 15, 1870

D. 1866, and duly qualified as such; and afterward, on the 3d day of June, A. D. 1868, she intermarried with one John H. Von Kettler; and afterward, to wit: on the 5th day of March, A. D. 1870, one Julius K. … This is a jurisdictional fact, and should be clearly and distinctly set forth. This the defendant has not done in either of his pleas.

Poindexter v. State

229 Ill. 2d 194 · Illinois Supreme Court · Apr 3, 2008

Since the MCCA clearly indicates that it is intended to apply to determinations of eligibility, the clause plaintiffs rely on, “no income of the community,” is clearly only in relation to determinations of eligibility. 372 … In general, such income is also disregarded in calculating the amount Medicaid will pay for the institutionalized spouse’s care after eligibility is established.” Blumer, 534 U.S. at 480-81 , 151 L.

Brichacek v. Hampton

54 Ill. App. 2d 284 · Appellate Court of Illinois · Dec 9, 1964

Negligence or contributory negligence becomes a question of law only when the evidence is so clearly insufficient to establish due care that all reasonable minds must reach that conclusion. Pennington v. … Donald Miller was a witness on behalf of the plaintiff, and qualified himself as an expert in orthopedics.