By allowing secondary considerations, such as unexpected results, to overcome obviousness-type double-patenting rejections, is the federal circuit circumventing the purpose for the rejections? If the purpose for court-created rejections is relatively unimportant, perhaps the courts should end the practice.
On April 2, 2019, the Fourth District Appellate Court of Illinois upheld the execution of a search warrant obtained pursuant to the plain smell of cannabis detected by an officer from a place where she had a lawful right to be.
In order to sustain a premises liability lawsuit based upon an unnatural accumulation of ice, a plaintiff must provide evidence that the condition was caused by the defendant and that the defendant knew of the dangerous condition.
A plaintiff suing the City of Chicago was denied recovery for injuries she suffered for falling into a five-foot-long pothole. Because she parked the back one-third of her car in a no-parking zone, she was not an “intended and permitted user” of the street.
The Department of State Police ("DSP") adopted amendments to Imaging Products (20 Ill. Adm. Code 1298 (effective Oct. 10, 2018)), updating its policies regarding the copying and the use of digital information collected by DSP during investigations.
On Aug. 7, 2019, the Third District Appellate Court of Illinois held that discovering pornographic photographs in a supervisor’s desk drawer was insufficient evidence to support a successful sexual harassment claim.
On June 21, 2019, the First District Appellate Court upheld an administrative judge’s grant of summary judgment denying the plaintiffs’ claim that their property met the enterprise zone property transfer tax exemption
Following a bench trial, the defendant was convicted of battery and other offenses related to a DUI stop. A squad-car video was presented as evidence, but the judge had to view it in chambers because the court did not have video capabilities in the courtroom.
The Department of Insurance has adopted amendments to the Filing Policy and Endorsements Form (50 IAC 753; 43 Ill. Reg. 1463) and Required Procedures for Group Inland Marine Insurance (50 IAC 2302; 43 Ill. Reg. 1476).
Amendments to the Part titled Claim Eligible to be Offset implemented three public acts concerning procedures whereby the state offsets other funds to pay debts owed to the state by an individual, another state agency, or a municipality or county government (42 74 Ill. Adm. Code 285 (effective March 26, 2019)).
In 2008, the Illinois Supreme Court reversed the conviction of the plaintiff, Alan Beaman, of the murder of his ex-girlfriend because the state violated his constitutional right to due process under Brady v. Maryland when it failed to disclose material and exculpatory information about a viable alternative suspect.
The Department of Agriculture adopted a new Part titled Municipal Urban Agricultural Areas, which establishes the definition of a “Qualified Farmer” under the Illinois Municipal Code and the eligibility of Urban Agricultural Area applicants.