Case law

Senn Park Nursing Center v. Miller

104 Ill. 2d 169 · Illinois Supreme Court · Oct 19, 1984

We believe that with regard to the reimbursement of nursing homes, contracts, whether State-Federal or agency-providers, are not clearly and directly involved, but rather, are only incidental means to the end of providing … Section 4 of article XIII of the 1970 Constitution abolished sovereign immunity by providing: “Except as the General Assembly may provide by law, sovereign immunity in this State is abolished.” (Ill. Const. 1970, art.

Graham v. Richelmon

District Court, S.D. Illinois · Mar 27, 2025

Qualified Immunity Finally, Defendants argue qualified immunity shields them from any liability. … The Supreme Court has established a two- part test to determine whether a defendant is entitled to qualified immunity.

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.

Downs v. Oath Inc.

385 F. Supp. 3d 298 · District Court, S.D. Illinois · May 22, 2019

("[W]e conclude that § 512(c) is clearly meant to cover more than mere electronic storage lockers."). … At argument, the only explanation Downs gave for failing to depose Cohn was that "the burden is on [Oath] to establish [its] defense." See Transcript dated May 17, 2019, at 5:8-9.

In Re Jokiel

453 B.R. 743 · United States Bankruptcy Court, N.D. Illinois · Apr 22, 2011

The Debtor was therefore clearly on notice that the Supplemental Plan would not qualify for special tax treatment. … For the same reason, it was not subject to ERISA’s establishment of a trust over plan assets. See 29 U.S.C. §§ 1101 (a)(1), 1103.

Unterschuetz v. City of Chicago

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)). … 2-201 and 2-209" of the Tort Immunity Act.

Stricklin v. Annunzio

413 Ill. 324 · Illinois Supreme Court · Nov 20, 1952

physically qualified within the meaning of the act. … There, various applicants had applied for work at several establishments over a period of time as in the case before us.

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.

Muthuswamy v. Burke

207 Ill. Dec. 50 · Appellate Court of Illinois · Jun 30, 1993

The statements made by the defendant doctor clearly impugn the integrity of plaintiff in the discharge of his duties. … The statements in this case clearly meet the requirements of an absolute or qualified privilege.

Carranza v. Pool

District Court, C.D. Illinois · Aug 25, 2022

Put another way, “officers are entitled to qualified immunity . . . unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at … But where the law was clearly established, both qualified immunity questions must be addressed. Id. i.

Muniz

District Court, N.D. Illinois · Nov 7, 2025

right was “clearly established” at the time of the alleged violation. … Muniz fails to show that the right the Officer Defendants allegedly violated is clearly established.

Coulter v. Swearingen

113 Ill. App. 3d 650 · Appellate Court of Illinois · Mar 25, 1983

We have directed considerable attention to the case of Cunningham for the reason that it is a landmark case pertaining to the Dramshop Act and that it clearly establishes that it (the Act) has preempted the field of liability … The plaintiffs argue that there is and should be a judicial trend toward abolishing common law immunities from liability and that the immunity given to those who supply liquor noneommercially represents an undesirable social

Christison v. Slane (In Re Silldorff)

96 B.R. 859 · District Court, C.D. Illinois · Feb 17, 1989

The Goff court then noted that while ERISA clearly preempts state law, 29 U.S. C. § 1144(a), it is clearly not intended to affect the operation of other federal law. … differences between the plans clearly affect the degree of control which the debtor has over the plan.

Cuevas v. Hernandez

District Court, N.D. Illinois · Mar 26, 2021

doctrine of qualified immunity shields Defendants from liability. … Qualified immunity “shields government officials from liability under § 1983 ‘for actions taken while performing discretionary functions, unless their conduct violates clearly established statutory or constitutional rights

Adelberg v. Labuszewski

447 F. Supp. 267 · District Court, N.D. Illinois · Mar 2, 1978

Applying this two level standard we determined that the defense of immunity had not been established on the record before us at that time: “Turning to the first test, in the instant case we are faced with allegations and … This result is consistent with the language of Wood which seems clearly to pose the malice test as an alternative independent of the knowledge test.

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.

Blacher v. Village of Dolton

District Court, N.D. Illinois · Apr 12, 2019

Qualified immunity The trustee defendants also argue that they are entitled to dismissal based on the doctrine of qualified immunity. … To assess a claim of qualified immunity, the Court determines, first, whether the plaintiff has alleged the deprivation of an actual constitutional right, and second, whether the right was clearly established at the time

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.

In Re Automotive Professionals, Inc.

379 B.R. 746 · District Court, N.D. Illinois · Oct 23, 2007

The applicability of sovereign immunity and the automatic stay The bankruptcy court rejected the State’s argument that sovereign immunity protects it from being required to return assets under its control to API, citing, … Both of its arguments can therefore be resolved by determining whether the State’s liquidation efforts qualify as an exercise of its police and regulatory powers.

People v. Seymour

53 Ill. App. 3d 367 · Appellate Court of Illinois · Oct 6, 1977

Clearly, this did not lie within the scope of review at the hearing on his probation revocation. Nevertheless, North is cited in People v. Yackle, 42 Ill. … After carefully reviewing the record, there is insufficient credible evidence to support the charges and establish appellants’ guilt by a preponderance of the evidence.