Case law

Huff v. UARCO, INC.

925 F. Supp. 550 · District Court, N.D. Illinois · May 13, 1996

Under that well-established framework, Huff must first establish a prima facie case by showing 12 that (1) he was in the protected age class, (2) he was performing his job satisfactorily, (3) he suffered an adverse employment … At least on the current motion UAR-CO has conceded Huffs ability to establish a prima facie case (D.Mem. 3).

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. Person

102 Ill. App. 3d 474 · Appellate Court of Illinois · Dec 3, 1981

than one not so qualified. … II We find no merit to defendant’s contentions that his guilt was not established beyond a reasonable doubt.

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.

Talbot v. the People

339 Ill. 333 · Illinois Supreme Court · Apr 17, 1930

The petition alleged that Alice Talbot Heywood died testate in Chicago on December 7, 1923; that on February 25, 1924, her will was admitted to probate by the probate court of Cook county and the petitioners duly qualified … It is not denied that if a refund is established the enforcement of such refund must be made in a different action and before a different tribunal.

People v. Costic

2021 IL App (3d) 180618 · Appellate Court of Illinois · May 26, 2021

much in our prior decision and see no reason to conclude otherwise in this case: “Based on defendant’s brother invoking his fifth amendment rights and him having been charged with ‘clearly … When asked if the other man was in the courtroom, she said no but then qualified that answer by saying, “I didn’t quite get a good look at him.”

Bedell v. Janney

9 Ill. 193 · Illinois Supreme Court · Dec 15, 1847

The circumstances of the case at bar establish for it peculiar claims to exemption from the operation of the general rule referred to, as regulating the liabilities of collectors. … The alleged error of the Court below, in giving the third instruction requested by the defendant, not as asked for by him, but as qualified by the Court, may here properly be disposed of.

Choisser v. York

211 Ill. 56 · Illinois Supreme Court · Apr 20, 1904

In the case at bar the mistake of the judges at Carrier Mills is shown by undisputed evidence, and clearly the ballots cast there ought to be counted. In Perkins v. … by the law to prevent voting by persons not qualified.

Jones v. Rallos

384 Ill. App. 3d 73 · Appellate Court of Illinois · Jun 25, 2008

Although defendant refers to the results as “confusing,” putting the word in quotes as if to suggest that the results were not confusing, the record clearly shows that Damon Labs scored the Western Blot Assay result as indeterminate … Rallos, as an internal-medicine physician, should have been qualified to interpret the results of this test, and that she breached this duty to her patient.”

Albarran v. Wong

157 F. Supp. 3d 779 · District Court, N.D. Illinois · Jan 19, 2016

A plaintiff faced with a 12(b)(1) motion to dismiss bears the burden of establishing that the jurisdictional requirements have been met. See Kontos v. U.S. Dep’t Labor, 826 F.2d 573, 576 (7th Cir.1987). … Although the court noted several problems with plaintiffs’ theory, 7 it ultimately concluded that “exercises of prosecutorial discretion by the DHS generally are immune from judicial review.” Kim, 737 F.3d at 1185 .

Midland Management Co. v. Helgason

241 Ill. App. 3d 899 · Appellate Court of Illinois · Feb 8, 1993

A HUD housing assistance payment rate is established for a specific rental unit and one qualified tenant. The tenant’s rent is established specifically for that tenant at that income. … We hold that the forfeiture of the lease was clearly waived by the acceptance of the June, July and August HUD payments after notice of termination.

Droste v. Kerner

34 Ill. 2d 495 · Illinois Supreme Court · Mar 24, 1966

Illinois Terminal Railroad Co. can be regarded as overturning the established policy of the State with respect to the rights of taxpayers. … In my opinion it clearly falls within the constitutional prohibitions against special legislation. The steel company cited four cases in support of the validity of the statute. The most recent of these, Smith v.

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.

Eid v. Loyola University Medical Center

2017 IL App (1st) 143967 · Appellate Court of Illinois · Apr 21, 2017

Our review of the record establishes that Loyola presented more than enough evidence to establish that a verdict in its favor would be a reasonable conclusion. ¶ 30 In Snelson, our supreme court affirmed … Ostrowski established that she reported to Dr.

Gallagher v. Gentile

District Court, N.D. Illinois · Jan 13, 2020

This claim is also dismissed with prejudice.4 lawful, in light of clearly established law and the information the [arresting] officers p o s s e s s e d . ” A … Bryant, 502 U.S. 224, 227 (1991)); see also Thayer, 705 F.3d at 251 (qualified immunity presents an “absolute bar” to a Section 1983 false arrest claim). 4 Further, Gallagher’s negligence

Wilcox v. People ex rel. Lipe

90 Ill. 186 · Illinois Supreme Court · Sep 15, 1878

The act incorporating the West Chicago Park Commissioners, approved February 27, 1869, provides that, “ seven persons, resident freeholders and qualified voters of said town (of West Chicago,) who shall be designated by the … may be filled as herein provided in other cases of vacancy, such provision being for filling vacancies in offices where the appointment is with the concurrence of the Senate, and in such case only; that this last clause clearly

Lake Shore National Bank v. Coyle

296 F. Supp. 412 · District Court, N.D. Illinois · Jun 27, 1968

Clearly the $200,000 figure was uppermost in Luster’s mind. He was remarrying in middle age. His gross estate was in excess of $1 million. … Essentially, Article Three considered as a whole, established a trust. Section Two is that part which provides for the monthly payments to Mrs. Luster.

Smith v. Industrial Comm'n

Appellate Court of Illinois · Oct 13, 1999

On June 7, 1995, claimant was re-called to work, and she was tested to see if she was qualified to resume her supervisory duties. On June 13, 1995, and at the request of the employer, claimant was examined by Dr. … On review, the Commission's compensation award should be reversed only if it was contrary to the manifest weight of the evidence, i . e . where the opposite conclusion is clearly apparent. Durfee v.

Donahue v. City of Chicago

107 Ill. App. 3d 271 · Appellate Court of Illinois · Jun 17, 1982

Among the criteria for establishing this exception are the public nature of the question presented, the desirability of authoritative determination of the issue for future guidance of public officials, and the likelihood … It has been held that all three of these criteria must clearly be met before a court will decide a case despite its mootness. Lerner v. Lerner (1980), 84 Ill.

People v. Mercado

Appellate Court of Illinois · Sep 25, 2002

FACTS The State's evidence established defendant and co-defendant Audrey Ann Klimawicze lived in the third-floor apartment directly above the apartment where co-defendant's mother, Audrey Virginia Klimawicze, lived. … However, the first sentence of the instruction as well as all of the applicable cases clearly state that all five factors are to be considered and are not mutually exclusive. People v. Gonzalez , 326 Ill.