Case law

People v. O'Malley

2021 IL App (5th) 190127 · Appellate Court of Illinois · Mar 19, 2021

their immunity. … raising and proving their immunity.

Villa v. Arthur Rubloff & Co.

183 Ill. App. 3d 746 · Appellate Court of Illinois · May 19, 1989

The word “agents” is not limited or qualified in any way by the Act. The court in Mier v. Staley (1975), 28 Ill. App. 3d 373 , held that under section 5(a), directors were agents of a corporation.. … The relationship between Evergreen Plaza and Rubloff is clearly that of principal and agent in the traditional sense and is encompassed by the Act.

Brewer v. BD. OF TRUSTEES OF UNIV. OF ILL.

339 Ill. App. 3d 1074 · Appellate Court of Illinois · Jun 17, 2003

Illinois has not clearly waived sovereign immunity; far from it, Illinois has clearly reinstated sovereign immunity, with the two narrow qualifications the Immunity Act specifies. … The United States Supreme Court held: "[T]he Rhode Island courts have jurisdiction adequate and appropriate under established local law to adjudicate this action.

Barrett v. Fonorow

343 Ill. App. 3d 1184 · Appellate Court of Illinois · Oct 28, 2003

News vendors, bookstores, and libraries generally qualify for this standard of liability.” J. Friedman & F. … Clearly, he has not.

Barakat v. Matz

271 Ill. App. 3d 662 · Appellate Court of Illinois · Mar 31, 1995

Even per se defamatory statements, however, may not be actionable if immunized by absolute privilege (Layne v. Builders Plumbing Supply Co. (1991), 210 Ill. … First, the content of the reports at issue clearly evaluates the patients for which the reports were ordered.

Fellhauer v. City of Geneva

190 Ill. App. 3d 592 · Appellate Court of Illinois · Nov 2, 1989

Stat. 1987, ch. 24, par. 3 — 11—1 (relied upon by Lewis)); (2) Lewis was immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) for discretionary acts within the … The trial court refused to consider Lewis’ assertions of qualified immunity, finding those matters improper for consideration under a section 2— 615 motion (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 615).

Jefferson v. Sheahan

279 Ill. App. 3d 74 · Appellate Court of Illinois · Mar 29, 1996

Clearly, a judicial "finding” of an exception for willful and wanton conduct where none was expressly provided by the legislature contravenes a court’s duty to give effect to legislative intent. … App. 3d 825, 841 , 628 N.E.2d 844 (1993), this court was presented with the issue whether section 2 — 205 of the Act provided absolute or qualified immunity.

Krueger v. Lewis

342 Ill. App. 3d 467 · Appellate Court of Illinois · Jul 24, 2003

A complaint for defamation must set forth the words alleged to be defamatory “clearly and with particularity.” Lykowski v. Bergman, 299 Ill. App. 3d 157, 163 , 700 N.E.2d 1064, 1069 (1998). … Defendant Zakos argued that his statement was privileged, but it is not apparent whether he sought the protection of an absolute or qualified privilege.

Jolly v. Michael Reese Health Plan Foundation

225 Ill. App. 3d 126 · Appellate Court of Illinois · Jan 27, 1992

According to the statute, to qualify for the immunity granted, health services corporations are required to meet several criteria: (1) 30% of the trustees of the health plan corporation must be physicians licensed to practice … The record establishes that the physician’s assistant at all times relevant to the incident was supervised by a physician.

Sandholm v. Kuecker

405 Ill. App. 3d 835 · Appellate Court of Illinois · Oct 18, 2010

Acts or statements made during legislative, judicial, or quasi-judicial proceedings are already protected by absolute or qualified privileges, including the protection of the right to petition the government as established … Pennington upheld the same antitrust immunity doctrine where coal companies and unions persuaded the Labor Department to establish minimum wages for employees of contractors, which frustrated the non-unionized companies’

Hammons v. Society of Permanent Cosmetic Professionals

967 N.E.2d 405 · Appellate Court of Illinois · Mar 20, 2012

The only position being advocated was clearly that plaintiffs’ practices and pigment products were “lousy. … An electorate is simply a body of qualified voters from a particular district or territory. See, e.g., Carver v. Sheriff of La Salle County, 203 Ill. 2d 497 (2003).

In re Edward T.

Appellate Court of Illinois · Sep 15, 2003

In response, the State argues that the trial court erred in qualifying Dr. Zun as an expert witness. Dr. … Zun should not have been qualified as an expert witness in pediatric medicine.

Hubble v. BI-STATE DEV. ILLINOIS-MISSOURI

393 Ill. App. 3d 1016 · Appellate Court of Illinois · Aug 6, 2009

DISCUSSION The question of whether Bi-State is a “local public entity” under the Tort Immunity Act presents an issue of statutory construction that is guided by well-established legal principles. … In support of its argument that it qualifies as a local public entity, Bi-State cites Grady v. Bi-State Development Agency, 151 Ill.

Jones v. Department of Public Aid

373 Ill. App. 3d 184 · Appellate Court of Illinois · May 1, 2007

Four factors must be established before the trial court grants an injunction: (1) a clearly ascertainable right in need of protection; (2) the occurrence of irreparable harm without the injunction; (3) an inadequate remedy … The Department’s limited evidence on projected costs for individuals similar to Michael does not clearly establish what level of funding it considers would be necessary to accommodate individuals with disabilities comparable

Dopkeen v. Whitaker

926 N.E.2d 794 · Appellate Court of Illinois · Mar 10, 2010

The court concluded, "Defendant was acting within the scope of his authority to terminate the plaintiff and such actions are protected by absolute immunity, *797 and public official immunity." Plaintiff now appeals. … We note that this case also raises the issue whether the doctrine of sovereign immunity precluded jurisdiction in this case.

Johnson v. Halloran

Appellate Court of Illinois · Jan 13, 2000

These results established that Johnson could not have been the sole donor of the foreign body fluids found on the person or clothing of the victim. … Plaintiff has alleged that defendants breached their duty to use the skill and care ordinarily used by a reasonably well-qualified attorney under similar circumstances.

Eck v. McHenry County Public Building Commission

237 Ill. App. 3d 755 · Appellate Court of Illinois · Dec 4, 1992

This section clearly recognizes the exercise of discretionary authority as a basis for immunity which is consistent with the supreme court’s pronouncement in Seben. … Stat. 1991, ch. 85, par. 4—102 (“failure to establish a police department”); Ill. Rev. Stat. 1991, ch. 85, par. 5—101 (“failure to establish a fire department”).)

Clarage v. Kuzma

342 Ill. App. 3d 573 · Appellate Court of Illinois · Jul 30, 2003

We find that, under the facts alleged, the qualified privilege does not apply. … We find that the qualified privilege does not apply. Defendant Scully also claims that his actions are protected by sections 2 — 206 and 2 — 201 of the Tort Immunity Act.

Renzi v. Morrison

249 Ill. App. 3d 5 · Appellate Court of Illinois · Jun 24, 1993

As a further safeguard, no record or communication is relevant “unless the party seeking disclosure of the communication clearly establishes in the trial court a compelling need for its production.” … The statute clearly indicates the legislature intended to modify absolute common law witness immunity in order to provide a remedy of damages against persons who violate the act.

Buechele v. St. Mary's Hospital Decatur

156 Ill. App. 3d 637 · Appellate Court of Illinois · Jun 11, 1987

Furthermore, a provision which would grant absolute immunity to those making the reports but only qualified immunity to those assisting would make no sense. … The right to file a lawsuit claiming individual injury is a purely personal right and does not involve any clearly mandated public policy.