Case law

Alwin v. Village of Wheeling

371 Ill. App. 3d 898 · Appellate Court of Illinois · Mar 12, 2007

In addressing the immunity question, this court rejected municipal defendants’ claim that they had discretionary immunity under the Act. … A verdict is against the manifest weight of the evidence where the opposite conclusion is clearly evident or where the findings of the jury are unreasonable, arbitrary and not based upon any of the evidence.

Strauss v. City of Chicago

2021 IL App (1st) 191977 · Appellate Court of Illinois · Mar 5, 2021

After Double Door was evicted, a zoning ordinance was enacted that changed the kinds of establishments that were allowed in the building. … The only form of such a claim that is clearly established within the Seventh Circuit involves governmental actors who single out a citizen for differential treatment with no objective rational basis for that difference

Broeckl v. Chicago Park District

170 Ill. App. 3d 1063 · Appellate Court of Illinois · May 18, 1988

Section 26.3(g) provides that the Chicago Park District may “establish and collect fees for all facilities and services, and compensation for materials furnished. … The privileges and immunities clause reads as follows: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” (U.S. Const., art. IV., §2.) In Baldwin v.

Palmer v. Mount Vernon Township High School District 201

207 Ill. Dec. 550 · Appellate Court of Illinois · Mar 8, 1995

In contrast, the school district was immune in Poelker because of vicarious immunity from the action or inaction of school officials in failing to adequately supervise a track meet in which the plaintiff was hit in the head … Our supreme court, in effect, has established two categories of activities with differing liability consequences.

In Re Marriage of Gambla and Woodson

367 Ill. App. 3d 441 · Appellate Court of Illinois · Jul 31, 2006

Additionally, Kira was not given her immunizations on schedule, because Kimberly did not want her to receive all the immunizations at once. … Kura clearly enjoyed herself during the play session with Christopher. Kimberly reported to Dr.

Ackerman v. Department of Public Aid

128 Ill. App. 3d 982 · Appellate Court of Illinois · Nov 16, 1984

Placing requirements upon an individual which are not authorized by statute is clearly a case of overreaching or exceeding authority as contemplated by section 14.1(b). … Stat. 1983, ch. 127, par. 1014.1(b)), it can be determined that the sovereign immunity argument of the State is devoid of merit.

Unterschuetz v. City of Chicago

346 Ill. App. 3d 65 · Appellate Court of Illinois · Jan 22, 2004

Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2 — 109 (West 2000)). … under sections 2 — 109 and 2 — 201 of the Tort Immunity Act (745 ILCS 10/2 — 109, 2 — 201 (West 2000)).

People v. O'DELL

84 Ill. App. 3d 359 · Appellate Court of Illinois · May 16, 1980

Clearly, McCarthy was entitled to rely on this firsthand observation by Crockett. … Any further cross-examination relating to home invasions in Kentucky would have been irrelevant, as there was no evidence that Kentucky ever gave Crockett immunity or that Illinois would have authority to give him immunity

Torf v. Chicago Transit Authority

405 Ill. App. 3d 379 · Appellate Court of Illinois · Nov 12, 2010

As such, the CTA argued that it was immune from liability under section 27 of the Act. … That evidence, viewed in the light most favorable to plaintiff, established that the situation in the train was chaotic.

Doe v. Dimovski

Appellate Court of Illinois · Jan 15, 2003

We note, however, that plaintiff 's complaint does set forth sufficient facts to establish negligence. … We find that count V of the complaint sets forth sufficient facts to establish a claim for negligence .

Cadena v. Chicago Fireworks Manufacturing Co.

Appellate Court of Illinois · Jun 30, 1998

Therefore, the City of Chicago Heights is immune from liability for failure to provide adequate police protection or service. 5--102 establishes immunity from liability from the Chicago Heights Fire Department or failure … , as such a reading to include those kinds of activities would tend to swallow the exception to the general rule of liability established by the Tort Immunity Act, and thereby render the entire provision effectively meaningless

New Heights Recovery & Power, LLC v. Bower

Appellate Court of Illinois · Mar 9, 2004

The Act directed electric utility companies to enter into 20-year contracts to buy electricity from qualified solid waste energy facilities (labeled with the acronym QSWEF) at a "retail rate" that was higher than the market … The supreme court, relying on section 4 of the Statute on Statutes, held the amendment applied prospectively because it constituted a substantive change in the law by establishing a tax credit for S corporation shareholders

Cullotta v. Cullotta

287 Ill. App. 3d 967 · Appellate Court of Illinois · Mar 27, 1997

She further contends that her second amended complaint states facts establishing a breach of that duty and injuries to the minor plaintiff proximately resulting from that breach and concludes that a good and sufficient cause … Clearly and without equivocation, the supreme court in Stallman held that no legally cognizable duty is owed on the part of a pregnant woman to exercise reasonable care to avoid inflicting unintentional harm upon her developing

TTX Co. v. Whitley

Appellate Court of Illinois · Mar 13, 1998

Defendants asserted that TTX did not qualify for the single-factor formula because it did not transport passengers or freight. … The issue before the circuit court was whether TTX qualified as a transportation company under section 304(d).

Wood v. Village of Grayslake

229 Ill. App. 3d 343 · Appellate Court of Illinois · May 20, 1992

A dismissal on the pleadings is warranted only if it is clearly apparent that no set of facts can be proved which would entitle the plaintiff to recover. (Gouge v. … under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill.

Zander v. Carlson

2019 IL App (1st) 181868 · Appellate Court of Illinois · Nov 21, 2019

And it requires a union member to establish “intentional misconduct” by the union to prevail on such a claim. 5 ILCS 315/10(b)(1) (West 2018); see Knox v. … Whether it related to an ordinary grievance or a termination decision, the arbitration proceeding clearly was “part of the collective bargaining process.” Breda v.

Flick v. Kramer

151 Ill. App. 3d 836 · Appellate Court of Illinois · Jan 22, 1987

The evidence, when construed most strongly against the movant, must clearly establish his right to summary judgment. (Rambert v. Advance Construction Co. (1985), 134 Ill. App. 3d 155 ; Fearon v. … A factual issue as to ownership clearly exists.

In Re Chicago Flood Litigation

308 Ill. App. 3d 314 · Appellate Court of Illinois · Sep 30, 1999

Clearly, this incident had the potential to disrupt maritime commerce on the Chicago River. … The first goal of being consistent with Reliable Transfer is clearly satisfied.

See v. Illinois Gaming Board

446 Ill. Dec. 369 · Appellate Court of Illinois · Aug 18, 2020

, the state has waived sovereign immunity, or the suit is for prospective injunctive relief. … In Higgins, the Seventh Circuit noted the well-established rule that a state may waive its eleventh amendment immunity from being sued in federal court, and then, of course, the federal court can consider

Haeflinger v. City of Wood Dale

129 Ill. App. 3d 674 · Appellate Court of Illinois · Dec 31, 1984

App. 2d 282, 294 , 209 N.E.2d 878 ), our supreme court has held that any immunity from laches enjoyed by the State is of a qualified nature (Hickey v. Illinois Central R.R. … Co. (1966), 35 Ill. 2d 427, 448 , 220 N.E.2d 415 ), and is not an absolute immunity as maintained by defendant.