Case law

Sank v. Poole

231 Ill. App. 3d 780 · Appellate Court of Illinois · Jun 29, 1992

Thus, Poole was entitled to such immunity as is given to a public employee. … Remington Arms Co. (1990), 138 Ill. 2d 404 , 563 N.E.2d 397 , which placed strict requirements upon the proof necessary to establish wilful and wanton misconduct.

Eubanks v. Northwest Herald Newspapers

Appellate Court of Illinois · Jan 22, 2010

Once a qualified privilege is established, a communication is actionable only if the plaintiff can show that the defendant abused the privilege. Vickers, 308 Ill. App. 3d at 404. … Generally, a plaintiff can establish abuse of a qualified privilege by showing actual malice. Gist, 284 Ill. App. 3d at 374.

Tannenbaum v. Lincoln National Bank

143 Ill. App. 3d 572 · Appellate Court of Illinois · May 14, 1986

Although his right to appear pro se is well established, it is equally well established that when he does appear pro se, he must comply with the established rules of procedure. (Biggs v. … and Governmental Employees Tort Immunity Act (Ill.

People v. Lundeen

30 Ill. App. 3d 21 · Appellate Court of Illinois · Jul 17, 1975

Shephard, a friend of the defendant and a participant in the burglary with the defendant, was granted immunity and made a full statement of the involvement of himself and the defendant in the burglary. … Davis (5th Cir. 1974), 493 F.2d 502 , as authority for vacating his plea, but we find each to be clearly distinguishable from the case before us.

Rockford Life Insurance v. Department of Revenue

128 Ill. App. 3d 302 · Appellate Court of Illinois · Oct 26, 1984

Therefore, while the Hickey court reiterated that qualified immunity from the estoppel doctrine was enjoyed by the State, it held that under these “extraordinary circumstances,” the State was estopped from asserting its latent … In M’Culloch, the Supreme Court struck down on the authority of the supremacy clause a State tax on the national bank which the government had established.

Manuel v. Red Hill Community Unit School District No. 10 Board of Education

324 Ill. App. 3d 279 · Appellate Court of Illinois · Aug 9, 2001

Although the decision in McCuen established that the use of property, as opposed to the condition of property, is not provided immunity by section 3 — 106, the language used by the court is not decisive for this case because … Such language is clearly directed at the causation of injury. Section 2 — 101 is the only other section of the Act to define immunity in the terms of the phrase “liability *** based on.”

Hossfeld v. Illinois State Board of Elections

398 Ill. App. 3d 737 · Appellate Court of Illinois · Feb 24, 2010

An administrative agency’s factual determinations are against the manifest weight of the evidence if the opposite conclusion is clearly evident. City of Belvidere, 181 Ill. 2d at 204 . … Such restrictions and establishment of the periods of time involved are, within constitutional limitations, matters for legislative determination.” Sperling, 57 Ill. 2d at 86 .

People v. Turner

36 Ill. App. 3d 77 · Appellate Court of Illinois · Feb 18, 1976

Regardless of the difficulty in establishing the precise time, each witness clearly and consistently maintained that the defendant had committed the acts they described, and on this point they did not waver under the close … The defendant argues that his counsel assisted the prosecution witness in securing immunity for his testimony.

Pavelich v. All American Homes, Inc.

239 Ill. App. 3d 173 · Appellate Court of Illinois · Dec 31, 1992

The burden is on the employer to establish its limits of contribution liability. … It would also allow the employer complete immunity from contribution without any showing of actual liability under the Workers’ Compensation Act, a situation contrary to the facts of Koteoki, where the immunity granted implicitly

Ries v. City of Chicago

396 Ill. App. 3d 418 · Appellate Court of Illinois · Nov 25, 2009

law is an established exception to the immunities granted by the Act. … and wanton conduct is an established exception to immunity protection provided by the Act.

Hancon v. Board of Education

130 Ill. App. 3d 224 · Appellate Court of Illinois · Jan 17, 1985

Just as in Hagopian, the burden of assuring all teaching qualifications are clearly presented to a school board fairly rests upon the teacher. … only some of the different courses taught by other teachers in established teaching positions and combining them into one position comprised of several areas of instruction, all of which the dismissed teacher is qualified

Grainger v. Harrah's Casino

2014 IL App (3d) 130029 · Appellate Court of Illinois · Oct 24, 2014

A reviewing court ordinarily will not reverse a trial court for giving faulty instructions unless they clearly misled the jury and resulted in prejudice to the appellant. Id. at 274; see also Stift v. … Our supreme court has never held or implied that a defendant in a false imprisonment case may establish that he had probable cause to detain the plaintiff only if he shows that he conducted a reasonable

Forsythe v. Clark USA, Inc.

Appellate Court of Illinois · Sep 29, 2005

According to plaintiffs, those employees were not maintenance mechanics and not trained or qualified to work on the Isomax. … In fact, the fire was apparently caused by workers who were conducting maintenance on machinery that they were not trained or qualified to work on.

Finn v. Project Resource Solutions, LLC

258 N.E.3d 20 · Appellate Court of Illinois · Jun 11, 2024

First, they claim the jury verdict must be reversed because the court failed to properly instruct the jury regarding the law of defamation, particularly on the issue of qualified immunity. … Once a defendant establishes a qualified privilege, however, a plaintiff must show malice—that is, a direct intention to injure the plaintiff or a reckless disregard of the plaintiff’s rights and the resulting harm to the

Mazin v. Chicago White Sox, Ltd. Modified on Denial of Rehearing

Appellate Court of Illinois · Jul 18, 2005

App. 3d 1063, 1075 , 637 N.E.2d 506 (1994) ("governmental tort immunity under the Tort Immunity Act must be raised and pled as an affirmative defense or else it is waived"). … The tree and surrounding grate were clearly intended to beautify the walkway and interrupted the flow of traffic of the adjacent sidewalk. But our analysis does not end there.

Arizzi v. City of Chicago

201 Ill. App. 3d 368 · Appellate Court of Illinois · Jun 29, 1990

liability under the Tort Immunity Act. … Finally, it should be noted that plaintiffs’ reliance on certain language in First National Bank for the purpose of establishing duty is unwarranted. Quoting from Dini v.

Wright-Young v. Chicago State University

2019 IL App (1st) 181073 · Appellate Court of Illinois · Sep 27, 2019

Qualified Immunity ¶ 82 In the trial court, the Board also asserted qualified immunities—under sections 3-108 25 No. 1-18-1073 (745 ILCS 10/3-108 (West 2012) (providing … qualified immunity for the supervision of an activity or use of any public property)) and 3-106 (id. § 3-106 (West 2012) (qualified immunity for injuries caused by a condition of any public property used or intended to

Carr v. Koch

355 Ill. Dec. 758 · Appellate Court of Illinois · Oct 28, 2011

The standards are not a state curriculum, but their "purpose is to clearly define essential knowledge and skills that students should have as a result of their schooling." … However, "[s]chool districts are not required to exert a minimum Operating Tax Rate in order to qualify for assistance under this Section." 105 ILCS 5/18-8.05(A)(4) (West 2010).

Grimes v. Saikley

388 Ill. App. 3d 802 · Appellate Court of Illinois · Mar 10, 2009

With respect to count II, the court stated the complaint did not establish the necessary elements. … Griesheimer (1982), 92 Ill. 2d 13 , 440 N.E.2d 96 , the supreme court established the standard for pleading the liability of attorneys to nonclients in legal[,]malpractice actions.

Godair v. Metro East Sanitary District

2021 IL App (5th) 200160 · Appellate Court of Illinois · Mar 17, 2021

Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … We find that the plaintiff has failed to establish that the district owed her a duty.