Case law

Barr v. Frausto

2016 IL App (3d) 150014 · Appellate Court of Illinois · Jan 6, 2017

granted only where the pleadings and supporting documents, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and that the moving party is clearly … -5-  The Act grants certain immunities and defenses to achieve that purpose. Id.

King v. El Paraiso Del Pacifico, Inc.

241 N.E.3d 524 · Appellate Court of Illinois · Apr 9, 2024

The appellate court noted that, even if the City of Chicago was negligent for failing to post barriers along the street, the City of Chicago was immune under the Local Governmental and Governmental Employees Tort Immunity … Moreover, in two of the three cited cases, the defendant either had no duty or was immune from liability.

Tzakis v. Berger Excavating Contractors, Inc.

2019 IL App (1st) 170859 · Appellate Court of Illinois · May 30, 2019

We agree with defendants that Coleman clearly established a new principle of law. … resolution was not clearly foreshadowed.”

Ruffin Ex Rel. Sanders v. Boler

384 Ill. App. 3d 7 · Appellate Court of Illinois · Jun 25, 2008

Grimm was qualified to testify as to a possible cause of Tanisha’s injury, and (2) Dr. … It was established at the hearing that Dr.

People v. Williams

133 Ill. App. 3d 232 · Appellate Court of Illinois · May 14, 1985

In order to find a person subject to involuntary admission, it must be established by clear and convincing evidence that the person is a definite danger to himself or society. (In re Stephenson (1977), 67 Ill. 2d 544 .) … The Commission’s report clearly states that the purpose of section 3 — 804 is to aid the respondent and his attorney in the presentation of a defense.

Preferred Enteral System, Inc. v. Central Home, Inc.

213 Ill. Dec. 917 · Appellate Court of Illinois · Dec 29, 1995

Based solely upon the document itself, it is clear that both Preferred and Central clearly intended the agreement to be a contract. … Central is clearly, however, not entitled to a judgment on the pleadings on the issue.

Galante v. STEEL CITY NAT'L BK. OF CHICAGO

66 Ill. App. 3d 476 · Appellate Court of Illinois · Nov 3, 1978

It would be unjust to allow them to prosecute their cause of action and, at the same time, refuse to answer questions, the answers to which may substantially aid defendants or even establish a complete defense. … As counterdefendants, the plaintiffs here clearly retained their Fifth Amendment privilege against self-incrimination at the depositions.

Heller v. County Board of Jackson County

71 Ill. App. 3d 31 · Appellate Court of Illinois · Mar 23, 1979

purchasing procedure established by the county board for county offices. … The county board clearly has the authority to establish job classification and salaries for the employees of the supervisor’s office for subsequent years; although, it may not assign employment to any particular position

County of Stark v. County of Henry

296 Ill. App. 3d 393 · Appellate Court of Illinois · Apr 8, 1998

However, he noted that the language of section 5--503: "clearly contemplates a road lying on, or closely paralleling, a county line. … the established county line.

Masterton v. Village of Glenview Police Pension Board

464 Ill. Dec. 857 · Appellate Court of Illinois · Dec 15, 2022

The Board and Village argue that under the well-established canons of statutory construction, when all the provisions of section 3-112 are read together, the legislature clearly did not intend to award duty- related benefits … The legislature clearly knew how to refer to the survivor sequence when it wanted to do so.

Fisher v. Illinois Office Supply Co.

130 Ill. App. 3d 996 · Appellate Court of Illinois · Dec 31, 1984

As the complaint at issue here was filed over six months after the denial of plaintiff’s grievance, DelCostello clearly applies. … Instead, we find that the traditional qualified constitutional privilege as expressed in Linn and Colson applies here.

Community & Economic Development Ass'n of Cook County, Illinois, Inc. v. Board of Review State of Illinois Department of Employment Security

298 Ill. App. 3d 42 · Appellate Court of Illinois · Jul 7, 1998

The evidence did not establish that the primary function of the program was the presentation of formal instruction as required for the program to be an educational institution. … We find that the board of review's determination that CEDA's Head Start program does not qualify as an educational institution under section 612(B)(2) was not against the manifest weight of the evidence or clearly erroneous

Torrijos v. International Paper Co.

455 Ill. Dec. 223 · Appellate Court of Illinois · Jun 22, 2021

Indeed, “Manpower can be the general employer, while IPC *** still qualifying [sic] as the borrowing employer.” … ). ¶ 58 The question remains, however, whether IPC was entitled to assert immunity as a borrowing employer under the Act.

Lythell v. City of Waverly

335 Ill. App. 397 · Appellate Court of Illinois · Oct 29, 1948

The testimony set out indicates clearly that this area was used for the general welfare of the pub-lie, and owned and controlled by the City in its governmental capacity. … Under the established decisions of this” State, the City is not liable. In view of our decision on this issue, it is unnecesr sary to consider the other errors assigned.

Betts v. The City of Chicago

1 N.E.3d 1199 · Appellate Court of Illinois · Nov 22, 2013

¶ 16 Plaintiff argues that the record does not support the order dismissing her case because answers to the interrogatories and Smith's affidavit did not clearly establish that Smith was executing or enforcing the … We do not reach the ultimate question that surveillance does not qualify as executing or enforcing the law.

In Re Estate of Poole

328 Ill. App. 3d 964 · Appellate Court of Illinois · Apr 3, 2002

By statutory design, if the mother can qualify as an eligible parent, a biological father could also qualify, despite the fact that he is not married to the mother. … In addition, he could establish a relationship with the child’s mother and support the child by supporting the mother. In this case, it appears that Randy could qualify as an eligible parent.

Bohn Aluminum & Brass Co. v. Barker

3 Ill. App. 3d 600 · Appellate Court of Illinois · Feb 1, 1972

JUSTICE CRAVEN dissenting: I do not agree that the issuance of a temporary restraining order by the circuit court and the subsequent refusal to dissolve it is immune from review on appeal. … Clearly, there was adequate time and opportunity for notice.

Nolan v. Hillard

Appellate Court of Illinois · Dec 8, 1999

Joyce's affidavit establishes that although the Department received Jaconetti's application for the 1998 sergeants examination, he did not take the written qualifying test. … Jaconetti, who seeks promotion but does not and will not possess the requisite level of college education when promotions are conducted, is clearly injured by this requirement.

People Ex Rel. Hartigan v. Dynasty System Corp.

128 Ill. App. 3d 874 · Appellate Court of Illinois · Nov 15, 1984

The eradication of such fraudulent schemes is clearly a legitimate and important State interest. … Under the doctrines of sovereign immunity and public officials’ immunity, the defendants are barred from recovering monetary damages. (Ill. Rev. Stat. 1983, ch. 127, par. 801; People ex rel. Scott v.

Nabozny v. Barnhill

31 Ill. App. 3d 212 · Appellate Court of Illinois · Jul 23, 1975

Under the facts presented in the case at bar, we find such a duty clearly arose. Plaintiff was entitled to legal protection at the hands of the defendant. … The defendant contends he is immune from tort action for any injury to another player that happens during the course of a game, to which theory we do not subscribe.