Case law

Chicago City Railway Co. v. Kastrzewa

141 Ill. App. 10 · Appellate Court of Illinois · Apr 30, 1908

That the car was being propelled at an excessive rate of speed, in approaching and crossing the street intersection, the scene of the collision, is clearly demonstrable from the evidence. … that he is the plaintiff and interested in the result of the suit, in weighing and giving credence to his testimony, is ill-founded, because the qualifying conditions clearly and plainly appear in another part of the judge

Enterprise Recovery Systems v. Salmeron

Appellate Court of Illinois · Mar 31, 2010

She clearly breached that duty when, as her own admission establishes, she lied to Enterprise in signing the general release in order to induce a significant settlement payment knowing at the time that she had no intention … Yet Salmeron did not seek to invoke the immunity of the Act which she now claims.

River Park, Inc. v. City of Highland Park

281 Ill. App. 3d 154 · Appellate Court of Illinois · Jun 12, 1996

App. 3d 11 (1995), we stated: "A complaint should be dismissed under section 2 — 615 for failure to state a cause of action only when it clearly appears that no set of facts could be proved under the pleadings which would … Nothing in this opinion should be construed as establishing or supporting the proposition that — absent the kind of extreme and extraordinary allegations of bad faith, corruption, or maliciousness contained in the present

Radcliff v. Hanger

239 Ill. App. 292 · Appellate Court of Illinois · Dec 31, 1925

We are not warranted in reversing the judgment upon the facts unless we are compelled to say from an examination of all the evidence it clearly does not support the verdict. This we cannot say. … It was not the legislative purpose to establish that right. But all uncertainty as to when they may or must be removed is eliminated. That was the purpose.

Tomei v. Finley

518 F. Supp. 241 · District Court, N.D. Illinois · Jun 30, 1981

Both the First Amendment freedom of political association and the voting franchise must be viewed as among the most valuable “privileges and immunities” in our democratic system. And the Griffin v. … Brock, 473 F.2d 608, 610 (6th Cir. 1973) might well have been written for this case: We hold that § 1985(3)’s protection reaches clearly defined classes, such as supporters of a political candidate.

D. Gottlieb & Co. v. City of Chicago

342 Ill. App. 523 · Appellate Court of Illinois · Mar 21, 1951

Plaintiff prays: That a mandatory injunction issue, compelling and requiring defendants to accept proper applications for licenses for the Bowlette machines, and upon tender of'the license tax, to issue licenses to the qualified … that of the owner of a machine it could place, sell, distribute, etc. in any place of public resort within the City of Chicago without a license and anyone who bought the Bowlette from the plaintiff was accorded the same immunity

The PEOPLE v. Haskell

41 Ill. 2d 25 · Illinois Supreme Court · Sep 24, 1968

Accordingly, the consent by a defendant’s wife to a search of an apartment jointly owned or occupied by them has been held sufficient to waive her husband’s constitutional immunity. (People v. … It follows that we are bound to accept the testimony given by the police detectives as true because it cannot be said that it is clearly unreasonable.

Board of Trustees v. Illinois Community College Board

63 Ill. App. 3d 969 · Appellate Court of Illinois · Aug 28, 1978

They cite “An Act in relation to immunity for the State of Illinois” (Ill. Rev. … Although it is well established that the legislature is presumed not to have done a useless thing in enacting a statute (Pinkstaff v. Pennsylvania R.R.

People v. Spargo

103 Ill. App. 3d 280 · Appellate Court of Illinois · Jan 19, 1982

The court held that whatever the scope of the “right to receive” referred to in Stanley, it was not so broad as to immunize dealings in obscenity. … Ct. 958 , shows clearly that this is not the statute’s aim.

Sullivan v. Edward Hospital

209 Ill. 2d 100 · Illinois Supreme Court · Feb 5, 2004

Clearly, Gill and Jones do not stand for the proposition that this court has disregarded, or should disregard, the licensing requirement first established in Dolan. … App. 2d 314, 319-20 , 333 P.2d 29, 33 (1958) (reasoning that “surely, a qualified doctor would know what was standard procedure for nurses to follow”).

Julie Baier v. P.O. Pikolcz 118

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

Qualified immunity “‘shields officials from civil liability so long as their conduct does not violate clearly established . . . constitutional rights of which a reasonable person would have known.’” … established rights for qualified immunity purposes.

Jumper v. Yellow Corp.

176 F.R.D. 282 · District Court, N.D. Illinois · Oct 24, 1997

Even if litigation is imminent, there is no work product immunity for documents prepared in the ordinary course of business rather than for litigation purposes. See Binks Mfg. Co. v. … adversarial process, the issue then becomes whether Defendants may apply the work product protection granted to the documents prepared in anticipation of the grievance proceeding to this federal lawsuit — a different, though clearly

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

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.

Department of Public Aid ex rel. Davis v. Brewer

292 Ill. App. 3d 416 · Appellate Court of Illinois · Sep 29, 1997

As to the immunizations, the evidence was that Lindy was late in getting the children’s necessary immunizations and that her failure in this regard amounted to tardiness but not medical neglect. … Both children were current in all of their immunizations at the time of the hearing.

Lunetto v. United States

560 F. Supp. 712 · District Court, N.D. Illinois · Mar 31, 1983

The Tucker Act is indeed an explicit waiver of sovereign immunity, Army and Air Force Exchange Service v. … The absence of a statute or regulation establishing a clear duty on the part of the United States to reinstate Lunetto establishes that mandamus is inappropriate here.

Monon Corp. v. Stoughton Trailers, Inc.

169 F.R.D. 99 · District Court, N.D. Illinois · Sep 19, 1996

Stoughton asserts that the information sought is discoverable due to the crime-fraud exception to the attorney-client privilege and work product immunities or, in the alternative, due to necessity pursuant to Fed.R.Civ.P. … The Seventh Circuit recognizes the qualified nature of the work product immunity. Loctite Corp. v. Fel-Pro, Inc., 667 F.2d 577, 582 (7th Cir.1981).

Bell Leasing Brokerage, LLC v. Roger Auto Service, Inc.

372 Ill. App. 3d 461 · Appellate Court of Illinois · Mar 30, 2007

Third, the Defendant should have been found to be immune from civil liability pursuant to 625 ILCS 5/4—213. … The evidence at trial established that Roger’s Towing, through its employee, misrepresented the amount of money required to recover the van.

Molitor v. Kaneland Community Unit District No. 302

18 Ill. 2d 11 · Illinois Supreme Court · Dec 16, 1959

Justice Davis, dissenting: I dissent from the decision of the court which, in one fell swoop, severs from the body of our Illinois law the ancient and established doctrine of governmental immunity from tort liability. … The rule of immunity of the people collectively charged with a governmental function was well established by 1607, the fouth year of James I. (Russell v. Men of Devon, 2 Term Rep. 671, 100 Eng. Rep. 359.)

Gas Research Institute v. Department of Revenue

154 Ill. App. 3d 430 · Appellate Court of Illinois · Mar 31, 1987

GRI insists that it is such a qualifying, not-for-profit corporation. … The creation of an exemption for organizations such as GRI must be addressed to the legislature for its establishment.

People v. Richards & Kelly Manufacturing Co.

1 Ill. Cir. Ct. 171 · Illinois Circuit Court · Dec 12, 1900

“A proviso must be construed to qualify what is affirmed in the body of the act, section or paragraph which precedes it.” Boone v. Juliet, 1 Scam. 258 . … This objection, as we have before pointed out, is removed by the immunity clause contained in the section.