Case law

Shelton v. Ernst & Young, LLP

143 F. Supp. 2d 982 · District Court, N.D. Illinois · May 3, 2001

The plaintiff bears the burden of establishing that the jurisdictional requirements have been met. Id. … Pozarn-sky does not qualify as an employer, the Title VII claims as to her must be dismissed.

People v. Moore

2015 IL App (5th) 130125 · Appellate Court of Illinois · Jun 17, 2015

The court found that “Defendant cannot merely make vague or conclusory assertions but must clearly demonstrate his diligent efforts to uncover matters he now claims entitle him to relief,” citing People v. … The defendant’s only recourse was to file a postconviction petition and attempt to establish lack of culpable negligence, but he expressly rejected this option.

Jones v. Board of Education of Township High School District No. 211

651 F. Supp. 760 · District Court, N.D. Illinois · Dec 15, 1986

B) clearly and extensively outlined the reason for his suspension. … Board is a separate political body, established under Ill.Rev. Stat. ch. 122, 1110-10 and possessing a full panoply of governmental powers. It is not immune from suit under the Eleventh Amendment.

People Ex Rel. Sears v. Romiti

50 Ill. 2d 51 · Illinois Supreme Court · Dec 17, 1971

To permit such an attack upon an indictment would tend to immunize persons involved in events upon which the news media concentrated their attention. … Clearly, the motion for leave to file the petition was improvidently allowed and the petition should be denied.

Pfaelzer v. Kau

207 Ill. 116 · Illinois Supreme Court · Feb 17, 1904

The doctrine of demand and notice, as applicable to commercial paper, has but this qualified application to guaranties: Laches, and a consequent injury, must be shown, and the onus proibandi rests upon the defendant. … This rule is clearly laid down in Gage v. Mechanics’ Nat. Bank of Chicago, 79 Ill. 62 , and is well sustained by authority.

People v. Brownlee

334 Ill. App. 3d 651 · Appellate Court of Illinois · Oct 16, 2002

The doctors recommended flu shots for all persons around Brianna B. because of her compromised immune system. … We find that overall the record clearly shows that respondent parents maintained interest and concern in Brianna B.

Warfield Ex Rel. Fox v. City of Chicago

565 F. Supp. 2d 948 · District Court, N.D. Illinois · Jul 16, 2008

Because Plaintiffs fail to state a claim for a constitutional violation while they were trapped in the vestibule, the Court does not reach the issue of qualified immunity. See Saucier v. … was clearly established); see also Jewett v.

People v. Hope

168 Ill. 2d 1 · Illinois Supreme Court · Sep 21, 1995

The trial judge’s ruling will be set aside only if it is clearly erroneous. Williams, 164 Ill. 2d at 19 . … A review of those decisions, however, reveals that both are clearly distinguishable.

INTERN. SURPLUS LINES INS. CO. v. Pioneer Life Ins. Co.

209 Ill. App. 3d 144 · Appellate Court of Illinois · Nov 29, 1990

The law presumes that the insured intended to obtain coverage and that the insurer would have stated all exclusions clearly and specifically. ( Strzelczyk v. … Pioneer disputes the trial court's finding that it did not present sufficient evidence to satisfy the standards in Illinois regarding what must be shown to establish that both the services performed and the charges for those

Fisher v. Office of the Illinois Attorney General

457 Ill. Dec. 583 · Appellate Court of Illinois · Mar 12, 2021

Like its federal counterpart, FOIA requires full disclosure unless the desired information is exempted under clearly delineated statutory language. Lieber v. Southern Illinois University, 279 Ill. … For communications with outside consultants to qualify as “intra-agency,” the consultant may not represent independent interests of its own apart from those of the agency. Harwood, 344 Ill.

Bangert v. Emmco Insurance

349 Ill. App. 257 · Appellate Court of Illinois · Feb 26, 1953

The right of a conditional vendor to take back the property on breach where no rights of third parties are involved is upheld by many decisions in this State, and was clearly provided for by the contract in question. … The plaintiff did not qualify as an expert witness on the value of his own car.

Carter Oil Co. v. Welker

24 F. Supp. 753 · District Court, E.D. Illinois · Oct 13, 1938

It is also said that the deed from Noyes to the railroad companies created in them what is known as a base, qualified, or determinable fee. … So, if by proper construction, Welker was the owner of the entire 40 acres his lease, including the clauses quoted, indicated clearly an intention to convey the entire quarter section.

First National Bank v. Sanford

83 Ill. App. 58 · Appellate Court of Illinois · Jun 3, 1899

not qualified to testify. … The case presented is a civil suit, devoid of a charge of infamous crime, and in our opinion appellant was required to establish the material issues in the case by a preponderance of the evidence only, and it was error to

Mohr v. TARGETED GENETICS, INC.

690 F. Supp. 2d 711 · District Court, C.D. Illinois · Mar 3, 2010

Her body was full of infection, while her immune system seemingly was ceasing to function. The Plaintiff further alleges that, when the doctors at the University of Chicago learned Ms. … Abbott next states that, in reviewing the scientific evidence regarding a proposed drug, the FDA is required to “establish panels of experts” consisting of “members who are qualified by training and experience to evaluate

Ehrman v. Henkel Corp. Long Term Disability Plan

194 F. Supp. 2d 813 · District Court, C.D. Illinois · Apr 4, 2002

After the first 18 months of disability, “disability” means your inability because of illness or injury to perform any job for which you are qualified by training, experience or education. (Comp # 1, Exh. … The Seventh Circuit has clearly established that the mere fact that a plan requires an administrator to determine eligibility does not give the employee sufficient notice that the plan administrator will get the benefit of

People v. Del Prete

2017 IL App (3d) 160535 · Appellate Court of Illinois · Mar 2, 2018

The court qualified Tucker as an expert in pathology and pediatrics over the State’s objection. … Flaherty comes in as a fully qualified expert in the field of pediatrics and child abuse medicine.

Chicago Tribune Co. v. Johnson

106 Ill. 2d 63 · Illinois Supreme Court · Apr 19, 1985

Jones (1968), 39 Ill.2d 531 , first recognized that "the legislature has broad power to establish reasonable classifications in defining subjects of taxation. ( 39 Ill.2d 531 , *72 535.) … Those who voted "against" may have done so believing the amendment unnecessary because the manufacturing-machinery exemption clearly included news-printing presses.

Ertell v. Department of the Army

626 F. Supp. 903 · District Court, C.D. Illinois · Jan 7, 1986

Ertell is qualified. He has been offered none of them and he blames three documents in his file for this failure to be re-employed. … It was clearly held by the court in Blevins v.

Corporate Assets, Inc. v. Paloian (In Re GGSI Liquidation, Inc.)

280 B.R. 425 · District Court, N.D. Illinois · Jul 11, 2002

There the notice of the sale established a deadline for bids, and the upset bid was received after the deadline. *429 Id. at 628 . … The Second Circuit has interpreted Gil-Bem to apply to “relatively straight-forward asset sales with simple cash offers from rival bidders in which one party emerged clearly victorious at the auction, and the losing party

People v. Heineman

2022 IL 127854 · Illinois Supreme Court · Jan 20, 2023

She smelled alcohol on defendant but described him as awake, alert, cooperative, and speaking clearly. … He notes that the evidence did not clearly establish the exact time defendant and Tanya left the party nor the exact time of the accident.