Case law

Ford Motor Credit Co. v. Neiser

196 Ill. App. 3d 515 · Appellate Court of Illinois · Mar 28, 1990

By her argument, she suggests that since the policy did not qualify as a FMCG business record, it could not then qualify as proof of purchase of insurance. … Here, FMCC is clearly disclosed on the face of the contract as the assignee.

Mason v. Cecil

District Court, S.D. Illinois · Mar 20, 2023

Qualified Immunity Defendants also argue that they are entitled to qualified immunity, but because the Court grants summary judgment on the merits it need not address … the qualified immunity arguments.

People v. King

78 Ill. App. 3d 879 · Appellate Court of Illinois · Nov 30, 1979

Such an approach is clearly the wrong one to take in addressing the important questions involved in this constitutional issue. … It is also clearly the standard applied by the majority of State courts which have addressed the issue.

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.”

Custom v. Quern

482 F. Supp. 1000 · District Court, N.D. Illinois · Jan 7, 1980

To accomplish this purpose, the court would clearly have to allow for a profit as part of the fees. On the other hand, the legislative history also clearly indicates that the value of the services is also relevant. … Civiletti, 197 U.S.App.D.C. -, 609 F.2d 514 (D.C.Cir. 1979) that the United States did not waive its sovereign immunity by the enactment of § 1988 and is thus not liable for fees under that section. 11 .

USX Corp. v. Liberty Mutual Insurance

206 Ill. Dec. 391 · Appellate Court of Illinois · Dec 16, 1994

Any person in whose name more than 25 motor vehicles are registered may qualify as a self-insurer by obtaining a certificate of self-insurance issued by the Director of the Department of Insurance as provided in this Section … Village of Hillside (1986), 114 Ill. 2d 246 , 499 N.E.2d 1307 (membership in intergovernmental risk management pool does not activate waiver of municipal tort immunity). We note that in Southern Home Insurance Co. v.

People v. Harris

2015 IL App (1st) 133892 · Appellate Court of Illinois · Feb 23, 2016

It is quite a large gun, a handgun and it’s clearly visible on the videotape ***. *** The other question is whether or not *** I could find or should find that the weapon … -3-  Whether an object is sufficiently susceptible to use in a manner likely to cause serious injury so that it qualifies as a dangerous weapon is generally

In Re Betts

165 B.R. 233 · United States Bankruptcy Court, N.D. Illinois · Jan 18, 1994

A judge is presumed qualified to hear a proceeding and the movant has the burden of proving otherwise. Idaho v. Freeman, 478 F.Supp. 33 (D.Idaho 1979). … Clearly the actions of Judge White in entering the order were acts performed in his judicial capacity. See, e.g., Forrester v. White, 484 U.S. 219, 226-227 , 108 S.Ct. 538, 543-544 , 98 L.Ed.2d 555 (1988).

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.

People v. Shiflet

125 Ill. App. 3d 161 · Appellate Court of Illinois · Jun 20, 1984

It is clear that the communications between defendant and his attorney or the attorney’s investigator were privileged and thus immune from compelled disclosure unless waived. (People v. … Defendant argues that affiant’s statements the exhibits were “soaked” or “covered” with blood were clearly false, thus entitling him to an evidentiary hearing regardless of whether the remaining allegations were sufficient

People v. Balle

234 Ill. App. 3d 804 · Appellate Court of Illinois · Jan 28, 1992

We hold that the evidence in this case clearly supports a finding of guilt beyond a reasonable doubt. … s statement did not qualify as a complaint under the statute, since it was made in response to leading questions. Assuming that S.J.'s statement does qualify as a complaint under the statute, Balle argues, Mrs. J.'

People v. Bradi

107 Ill. App. 3d 594 · Appellate Court of Illinois · Jul 8, 1982

We believe the evidence clearly establishes the defendant had knowledge and constructive possession of the cocaine which was used as the basis of his conviction. … Therefore, his guilt was established beyond a reasonable doubt and his conviction should be affirmed.

Hunter v. Carl Buddig And Company

District Court, N.D. Illinois · Jan 31, 2025

ADA Discrimination (Count I) Nexus and Carl Buddig argue that Hunter’s Second Amended Complaint provides insufficient details to establish that Hunter qualifies as “disabled … A non-exhaustive list of “major life activities” includes sleeping, walking, breathing, communicating, working, or the operation of major bodily functions including immune system and bladder. 42 U.S.C. § 12102

People v. Johnson

2015 IL App (1st) 123249 · Appellate Court of Illinois · Mar 17, 2015

Prosecutors are entitled to respond to comments the defense makes during closing that clearly invite a response. People v. … Counsel’s decision whether to call certain witnesses on a defendant’s behalf is a matter of trial strategy and is generally immune from claims of ineffective assistance unless counsel abandoned his role as an

Union Tank Car Co. v. NuDevco Partners Holdings, LLC

2019 IL App (1st) 172858 · Appellate Court of Illinois · May 16, 2019

We cannot say the trial court’s decision to allow his testimony notwithstanding the fact that he was not qualified as an expert in the rental market of railroad cars was an abuse of discretion. See id. … this case, the evidence established that Union Tank did rely on the accuracy of the invoices in that it made payments based on them.

Robinson v. Lamb

District Court, S.D. Illinois · May 2, 2022

Ahmed also asserts he is entitled to qualified immunity. … Finally, Defendants contend they are entitled to qualified immunity.

Spicer v. Moss

409 Ill. 343 · Illinois Supreme Court · May 24, 1951

The rule is well established. … Clearly, the grantor had no such intention.

O'LAUGHLIN v. City of Chicago

65 Ill. 2d 183 · Illinois Supreme Court · Nov 15, 1976

Since the lots were, in fact, one zoning lot, the issuance of the permits to construct two principal structures on this zoning lot was clearly illegal. … We find that the mere issuance of the building permits to appellant does not establish conduct which would meet the first part of the exception described above.

American Hospital Ass'n v. Schweiker

529 F. Supp. 1283 · District Court, N.D. Illinois · Jan 8, 1982

Section 124.603(a) also allows denial of non-emergency services to those unable to pay for them unless such person qualifies for charity care. … Immunity from federal regulation is not gained through forehanded contracts.” 358 U.S. at 91 , 79 S.Ct. at 146 . Similarly, in Usery v.

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.