Case law

Shell Oil Co. v. Pollution Control Board

37 Ill. App. 3d 264 · Appellate Court of Illinois · Apr 5, 1976

more qualified to decide technical problems and the mechanics of dealing with them. … The legislature qualified that power only to the extent that the Board’s regulations be reasonable in that they take into account the factors enumerated in section 27.

City of Chicago v. Latronica Asphalt and Grading, Inc.

346 Ill. App. 3d 264 · Appellate Court of Illinois · Feb 17, 2004

Further, “it is well established that where a statute of limitations does ‘expressly include the State, county, municipality, or other governmental agencies,’ common law governmental limitations immunity will not bar a limitations … Cecola, 75 Ill. 2d 423, 427 , 389 N.E.2d 526 (1979) (privately owned establishment for prostitution). In Young v. Bryco Arms, 327 Ill.

Elizondo v. Ramirez

324 Ill. App. 3d 67 · Appellate Court of Illinois · Jul 17, 2001

We, too, conclude that the collection of a small fee, by someone who, absent the fee, would otherwise clearly not be a business invitor, is insufficient to establish the special relationship of business invitor and invitee … That defendants charged a fee to guests attending what would otherwise clearly be a social gathering is insufficient to establish this relationship.

Mullins v. Evans

2021 IL App (1st) 191962 · Appellate Court of Illinois · Mar 31, 2021

Act, and count V should be dismissed because it was barred under the State Lawsuit Immunity Act (745 ILCS 5/0.01 et seq. … However, where a conspiracy is established by circumstantial evidence, “that evidence must be clear and convincing.”

Kainrath v. Grider

2021 IL App (1st) 200247-U · Appellate Court of Illinois · Dec 23, 2021

Immunity Under Section 2-210 of the Tort Immunity Act ¶ 13 Defendants maintain that Mr. … “[O]nce a defendant establishes a qualified privilege,” however, “a plaintiff must prove that the defendant either intentionally published the material while knowing the matter was false, or displayed a reckless disregard

Hicks v. City of O'Fallon

2019 IL App (5th) 180397 · Appellate Court of Illinois · Jun 15, 2020

Act (Tort Immunity Act) (745 ILCS 10/8-101(a) (West 2016)). … The City argued that Hicks’s argument had “absolutely no merit” because the Illinois General Assembly clearly delineated section 8-101(b) of the Tort Immunity Act to apply to patients receiving care in public

Anderson v. Beach

386 Ill. App. 3d 246 · Appellate Court of Illinois · Oct 24, 2008

He argues that conditional privilege — also known as qualified privilege — does not apply and even if it did, Beach abused the privilege by recklessly failing to investigate the truth of her statements. … An absolute privilege provides a complete immunity from civil action even though the statements were made with malice because public policy favors the free and unhindered flow of such information. [Citation.]”

Pippin v. Chicago Housing Authority

58 Ill. App. 3d 1029 · Appellate Court of Illinois · Mar 30, 1978

Employees Tort Immunity Act) (Ill. … Clearly, the purpose of section 9— 103 by failure to raise this contention specifically in the trial court (Brown v. Shook (1971), 132 Ill.

Rymer v. Kendall College

64 Ill. App. 3d 355 · Appellate Court of Illinois · Sep 11, 1978

The letter notifying him of his release clearly indicated that the ground for his release was discontinuation of a particular course of instruction. … To view the language regarding discontinued courses as surplusage would clearly violate this rule.

People v. Arthur H.

338 Ill. App. 3d 1027 · Appellate Court of Illinois · May 12, 2003

CURRIE: I just wanted to indicate he was a part of this family and that normally he was in mom’s custody and care, but — I can— THE COURT: Well, but you haven’t established that, and asking this question doesn’t establish … A finding is against the manifest weight of the evidence only if the opposite conclusion is clearly evident. In re D.F., 201 Ill. 2d 476, 498 (2002).

Taiym v. The Retirement Board of the Policemen's Aunnuity and Benefit Fund of the City of Chicago

2014 IL App (1st) 123769 · Appellate Court of Illinois · Jun 23, 2014

The documents established that from April 18, 1988 to August 15, 1990, Taiym was employed as a watchman for the Chicago department of streets and sanitation. … Therefore, Taiym’s arguments fail and the Retirement Board was not clearly erroneous in finding that Taiym did not qualify for pension credit under section 5-214(c) of the Pension Code. ¶ 16 We note that

Village of River Forest v. Vignola

30 Ill. App. 2d 52 · Appellate Court of Illinois · Mar 27, 1961

, denial of equal protection of the laws, and violation of due process; and aiding in the establishment of the Christian religion. … We think this clearly indicates a construction of the River Forest ordinance in light of the purpose at which the ordinance is aimed.

Lannom v. Kosco

247 Ill. App. 3d 629 · Appellate Court of Illinois · Jul 20, 1993

whose resolution was not clearly foreshadowed. … Stat. 1989, ch. 85, par. 1 — 101 et seq.), which provides immunity to governmental units for negligence, but not for willful and wanton misconduct.

Koehler v. Scandinavian Airlines Systems

285 Ill. App. 3d 520 · Appellate Court of Illinois · Nov 27, 1996

One thing that the Warsaw Convention did not mean to do was to grant international air carriers absolute immunity from their negligence inside the terminal.” … Clearly, under article 1, a contract claim based on the ticket which provided for international transportation falls within the scope of the Convention.

In Re Estate of Elfayer

325 Ill. App. 3d 1076 · Appellate Court of Illinois · Sep 14, 2001

Therefore, were a duty owed, plaintiff failed to establish a breach by defendant. C. … Tort Immunity Act Having reached the foregoing conclusions, we need not consider application of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101 et seq.

Bond County Community School District No. 2 v. Indiana Insurance

269 Ill. App. 3d 488 · Appellate Court of Illinois · Jan 26, 1995

ANALYSIS We start our analysis, as did the trial judge, with the well-established rule that a governmental entity must abide by its contractual obligations. (Wall v. … since plaintiffs had clearly filed their lawsuit outside the relevant limitations periods.

Kalish v. Illinois Education Ass'n

157 Ill. App. 3d 969 · Appellate Court of Illinois · Jun 26, 1987

An applicant for admission to the bar must establish to the satisfaction of the Committee that he possesses the good moral character and general fitness required of an attorney to practice law. … When only qualified privilege is granted, the person making the statement is immune from liability unless some element such as malice is present.” Starnes v. International Harvester Co. (1986), 141 Ill.

Leckrone v. City of Salem

152 Ill. App. 3d 126 · Appellate Court of Illinois · Jan 29, 1987

As the supreme court stated in In re Williams (1974), 57 Ill. 2d 63, 66 , 309 N.E.2d 579 , 580-81: “Clearly, an attorney violates Canon 6 when he uses confidential information against a former client. … Gerold [(1914)], 265 Ill. 448, 477 , where the court stated: ‘The rule has long been firmly established that an attorney cannot represent conflicting interests or undertake to discharge inconsistent duties.

Ramos v. City of Peru

Appellate Court of Illinois · Aug 8, 2002

The court determined that section 2-107 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/2-107 (West 2000)) barred all three claims and that there was no legal basis … The Act clearly contemplates that aggrieved individuals may pursue judicial remedies against state agencies and units of local governments such as the City of Peru.

Sandler v. Sweet

2017 IL App (1st) 163313 · Appellate Court of Illinois · Nov 9, 2017

Indeed, our supreme court reaffirmed the “long-established principles in Kirk and Doe” and declined to expand the scope of the physician-patient relationship to nonpatient third parties. See Tedrick v. … If we held otherwise, the policies underlying such immunity would be undermined.