Case law

Abruzzo v. City of Park Ridge

Illinois Supreme Court · Oct 2, 2008

Governmental entities bear the burden of establishing immunity under the Tort Immunity Act. Van Meter v. Darien Park District, 207 Ill. 2d 359, 370 (2003). … This court held that the immunity provisions could not be harmonized because they both clearly applied to the plaintiff’s allegations. Moore, 219 Ill. 2d at 487.

Cummings v. People

211 Ill. 392 · Illinois Supreme Court · Oct 24, 1904

“It is now a well established principle that the shares of the capital stock of corporations are personal property. … We think this proposition so well established that the citation of authorities in support of it is unnecessary. The language of the court in In re Eberle, 98 Fed. Rep. 197, is applicable to the present case.

Ruhstrat v. People

49 L.R.A. 181 · Illinois Supreme Court · Apr 17, 1900

It is for the legislature to determine when an exigency exists for the exercise of this power, but what are the subjects of its exercise is clearly a judicial question. … The national government, in the exercise of its inherent power to establish a flag or emblem symbolic of national sovereignty, has passed sections 1791 and 1792 above referred to, and has thereby taken jurisdiction of the

Peters v. BOARD OF EDUCATION OF RANTOUL TOWNSHIP HIGH SCHOOL DIST.

97 Ill. 2d 166 · Illinois Supreme Court · Jun 17, 1983

Quite clearly, the decision to combine the journalism course with certain English courses and the responsibility of supervising school publications, which was made long before the decision to dismiss Peters, was not motivated … Rather, two established teaching positions *** were filled by nontenured teachers. The [dismissed teacher] was qualified to fill neither of these established positions.” ( 101 Ill. App. 3d 1003, 1007 .)

Rollins v. Ellwood

141 Ill. 2d 244 · Illinois Supreme Court · Nov 30, 1990

We found that recognizing Indiana’s sovereign immunity was appropriate in Schoeberlein because Illinois’ law of sovereign immunity was similar to Indiana’s law: in both States the amount of any recovery was limited and the … establishing that the police department is a State agency.

Tosado v. Miller

Illinois Supreme Court · Oct 21, 1999

Immunity Act.” 293 Ill. … The plurality’s conclusion that section 8–101 of the Tort Immunity Act is the more specific statute represents an unwarranted and unprecedented departure from our well-established jurisprudence.

PHL Inc. v. Pullman Bank & Trust Co.

Illinois Supreme Court · Jun 3, 2005

The record establishes that the Treasurer did not act in June because she was going to let the Attorney General make the ultimate decision on her right to close. … Clearly, the record establishes that the Attorney General would not allow the Treasurer to proceed with this transaction.

The People v. Lawrence

390 Ill. 499 · Illinois Supreme Court · May 23, 1945

Defendant urges under his claim of immunity that privileges and immunities that are within the protection of the constitution of the United States are those “which owe their existence to the Federal government, its National … It is a question for the legislature to determine whether an evil exists and what means should be adopted to prevent it, and its acts will not be interfered with unless they are clearly in violation of some constitutional

VanHorn v. Stautz

297 Ill. 530 · Illinois Supreme Court · Apr 21, 1921

The plaintiff said he wanted immune hogs and did not say he wanted nothing but healthy hogs, and Hollis said he would furnish vaccinated or immune hogs. … In reversing a judgment for the plaintiff for the giving of this instruction it was said: “The instruction was clearly erroneous.

Carver v. Sheriff of La Salle County

Illinois Supreme Court · Feb 6, 2003

own policies, but they lack authority to levy taxes or establish their own budgets. … The plain language of section 9–102 clearly expresses the legislature’s intent that this statutory provision is to apply equally to judgments or settlements.

People Ex Rel. Hoagland v. Streeper

12 Ill. 2d 204 · Illinois Supreme Court · Sep 20, 1957

A writ of mandamus need not issue to establish this principle of law. The question remains, however, whether the State’s absence voids the jurisdiction of the court. … “This principle is conceded in all the cases, and whenever it can be clearly seen that the State is an indispensable party to enable the court, according to the rules which govern its procedure, to grant the relief sought

Commonwealth Edison Co. v. Will County Collector

Illinois Supreme Court · May 3, 2001

Act (Tort Immunity Act) (745 ILCS 10/9–107 (West 1994)). … insurance had to be included within the general corporate rate limitation established under section 5–1024.

People ex rel. Peterson v. Pollock

306 Ill. 358 · Illinois Supreme Court · Dec 19, 1922

passage of any local or special law providing for the management of common schools, or for opening or conducting any election, or granting to any corporation, association or individual any special or exclusive privilege, immunity … Section 10 of article 5 provides for the appointment by the Governor of all officers whose offices are established by the constitution or may be created by law and whose appointment or election is not otherwise provided for

Cinkus v. Village of Stickney Municipal Officers Electoral Board

228 Ill. 2d 200 · Illinois Supreme Court · Apr 23, 2008

Cinkus asked the Board to grant his motion to dismiss “for failure of the Objector [Esposito] to establish a prima facie case.” … Another dictionary sets forth both meanings more simply: “Fit and proper to be selected ***; legally qualified for an office.”

Department of Revenue v. Appellate Court

67 Ill. 2d 392 · Illinois Supreme Court · Sep 20, 1977

(Though our constitution of 1970 abolished sovereign immunity (Ill. Const. 1970, art. … This immunity of the State from the assessment of costs, unless there is legislative authorization, was succinctly stated long ago in People v.

Country Mutual Insurance v. Teachers Insurance

195 Ill. 2d 322 · Illinois Supreme Court · Mar 22, 2001

Teachers, in its motion for summary judgment, argued that: (1) Country Mutual is obligated to indemnify Chapman pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS … In the absence of any statutory language qualifying that mandate, the statute must be construed to require primary coverage.” State Farm, 182 Ill. 2d at 246 .

Pearson v. Zehr

138 Ill. 48 · Illinois Supreme Court · May 11, 1891

The statute does not afford, and does not purport to afford, immunity to the commissioners, or to their agents and servants, in the event they slay live stock which has been negligently or erroneously determined by the board … and have had an extensive practical experience with such animals, and with some particular disease to which they are subject, and ample opportunity to observe and know the characteristics and symptoms of such disease, are qualified

Nelson v. Union Wire Rope Corp.

31 Ill. 2d 69 · Illinois Supreme Court · Mar 18, 1964

As opposed to this, McClain was a trained and practicing safety engineer, and as a qualified elevator inspector was fully aware of the relationship between cable wear and proper sheaves and of the only sure and safe way to … Considering the record as a whole, we cannot say as a matter of law, that the evidence fails to establish a reasonable basis from which the jury could arrive at the conelusion that defendant was guilty of negligence which

Doyle v. Rhodes

101 Ill. 2d 1 · Illinois Supreme Court · Jan 20, 1984

This establishes to our satisfaction that the intent of the contribution statute was .to reach anyone who is culpable regardless of whether they have been immunized from a direct tort action by some special defense or privilege … The potential for tort liability exists until the defense is established.

Healy v. Vaupel

133 Ill. 2d 295 · Illinois Supreme Court · Jan 17, 1990

App. 3d 702 would clearly decide this case for Defendants. However, in Madden v Kuehn, 56 Ill. App. 3d 997 the 2nd District has ruled to the contrary. … App. 3d 702 (discussing sovereign immunity and public official immunity); Hoffman v. Yack (1978), 57 Ill.