Case law

Montgomery Ward Life Insurance v. Department of Local Government Affairs

89 Ill. App. 3d 292 · Appellate Court of Illinois · Sep 26, 1980

.] ° ” e A ‘custodial account’ is established, into which the issuer deposits proceeds from the pooled mortgages and from which withdrawals may generally be made only for payments to security holders. 060 Segregation of the … On the other hand, the court held the national bank currency to be nonexempt from taxation reasoning as follows: “Clearly, no exemption in any act prior to the authority given to issue ‘national currency’ can apply, and as

Franklin v. Westfall

273 Ill. 402 · Illinois Supreme Court · Apr 20, 1916

Olson, 245 Ill. 288 , in this language: “There is no substantial or material difference between the terms ‘city court’ and ‘municipal court,’ both of which are courts of the municipality in which they are established.” … The instant case is therefore clearly controlled by the rule laid down in the case of People v. Bnglish, supra.

Logan v. Drew

790 F. Supp. 181 · District Court, N.D. Illinois · Mar 5, 1992

It is settled law that to establish a cause of action for malicious prosecution, a plaintiff must show: “(1) the commencement or continuance of an original criminal or civil judicial proceeding by the defendant; (2) the termination … Clearly, this statute provides certain immunities and defenses for local public entities and public employees.

Illinois Educational Labor Relations Board v. Homer Community Consolidated School District No. 208

160 Ill. App. 3d 730 · Appellate Court of Illinois · Aug 5, 1987

The exceptions set forth in that legislation clearly appear to be exceptions to the newly created duty to disclose to the public. … The qualified privilege defined was that of need or necessity.

In Re Estate of Offerman

153 Ill. App. 3d 299 · Appellate Court of Illinois · Mar 12, 1987

We find that the "fails to qualify" language clearly encompasses a refusal on the part of ASPCA to accept the gift. Here, the disclaimer by the ASPCA automatically triggered the gift-over provision in the will. … The "fails to qualify language" and the gift-over provision in article seven of the will clearly encompass a refusal by the ASPCA to accept the gift on the terms set forth in article six.

Koehler v. Scandinavian Airlines Systems

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.

Caveney v. Bower

319 Ill. App. 3d 13 · Appellate Court of Illinois · Mar 2, 2001

Code and which are conducted in this State, ‘qualifying expenditures for increasing research activities in this State’ means the excess of qualifying expenditures for the taxable year in which incurred over qualifying expenditures … In this case, the legislature has amended the Act so that the research and development credit now clearly applies to shareholders of subchapter S corporations, such as the Caveneys.

Schell v. Schellhardt

District Court, S.D. Illinois · Nov 29, 2021

Qualified immunity is an affirmative defense that shields government officials from liability for civil damages where their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “Qualified immunity is dissolved, however, if a plaintiff points to a clearly analogous case establishing a right to be free from the specific conduct at issue or when the conduct is so egregious that no reasonable person

Crossman v. Board of Election Commissioners

966 N.E.2d 518 · Appellate Court of Illinois · Feb 29, 2012

The Code provides that the statement of candidacy: “shall set out the address of such candidate, the office for which he is a candidate, shall state that the candidate is a qualified primary voter … of the party to which the petition relates, is qualified for the office specified and has filed a statement of economic interests as required by the Illinois Governmental Ethics Act, shall request

Eason v. City of Chicago

District Court, N.D. Illinois · Sep 29, 2021

Lanier and Taylor are entitled to qualified immunity because Eason has not shown that the undisputed facts show a violation of clearly established law. … In summary, the officers are entitled to qualified immunity because Eason has not shown that the law clearly established that Lanier’s or Taylor’s use of deadly force was unlawful.

Socha v. City of Joliet

District Court, N.D. Illinois · Aug 18, 2023

Grizzle argues that summary judgment is appropriate because he properly sought a warrant for Socha’s phone and further is entitled to qualified immunity because he did not violate Socha’s clearly established rights in doing … “To defeat a defense of qualified immunity, the plaintiff must show two elements: first, that the facts show a violation of a constitutional right, and second, that the constitutional right was clearly established at the

Gibson v. Philip Morris, Inc.

292 Ill. App. 3d 267 · Appellate Court of Illinois · Sep 24, 1997

In Beauvoir, the discussion of publication arose in the context of a qualified privilege. … We hold that where the evidence establishes actual malice, punitive damages are recoverable.

Botello v. Sergeant Lill

District Court, N.D. Illinois · Sep 30, 2024

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … At most, Sergeant Lill was mistaken in his beliefs, which, nonetheless, affords him qualified immunity. Fleming v.

Country Mutual Insurance Co. v. Teachers Insurance Co.

Illinois Supreme Court · Mar 22, 2001

Teachers, in its motion for summary judgment, argued that: (1) Country Mutual is obligated to indemnify Chapman pursuant to the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS … In the absence of any statutory language qualifying that mandate, the statute must be construed to require primary coverage.” State Farm , 182 Ill. 2d at 246 .

People v. Lewis

88 Ill. 2d 129 · Illinois Supreme Court · Nov 13, 1981

There is no allegation that Judge Scott purposefully appointed counsel whom he believed was not qualified. … The instruction was clearly permissive, rather than mandatory.

People v. Hanson

83 Ill. App. 3d 1108 · Appellate Court of Illinois · Jun 9, 1980

Outside the presence of the jury the prosecutor explained that he was attempting to establish that Millie was testifying with immunity from prosecution. The trial court ruled that such questioning was improper. … However, the State does admit that the evidence does not clearly disclose whether it was the defendant or Millie who actually took the money from Malone. Section 5 — 2(c) of the Criminal Code of 1961 (Ill. Rev.

Drew v. Collins

District Court, C.D. Illinois · Sep 30, 2025

Plaintiff does not cite a single analogous case which suggests the DCFS Defendants violated a clearly established constitutional right. … However, determining whether defendants are entitled to qualified immunity at this stage is consistent with the Supreme Court's directive to resolve immunity issues at the earliest possible time “because qualified immunity

Hurt v. Corcoran

District Court, N.D. Illinois · Feb 15, 2024

Are the Defendants Protected by Qualified Immunity? … For this reason, the Defendants’ qualified immunity argument fails at the summary judgment stage. Defendants’ qualified immunity claim may well become relevant again at trial, however.

Top Metal Buyers Inc. v. Lopinot

District Court, S.D. Illinois · Sep 30, 2025

Qualified immunity applies when (1) the official violated a statutory or constitutional right, and (2) the right was not “clearly established” at the time of the challenged conduct. Id. … “Ultimately, dismissal under Rule 12(b)(6) is appropriate based on qualified immunity only when the plaintiffs’ well- pleaded allegations, taken as true, do not state a claim of violation of clearly established law.”

Biogenetics, Ltd. v. Department of Public Health

89 Ill. 2d 92 · Illinois Supreme Court · Feb 2, 1982

Moreover, a thorough examination of the record reveals no evidence to establish this contention. … They contend that even the most clearly qualified physicians should not be allowed to practice without a license, because to do so would encourage those less clearly qualified but who believe themselves to be similarly qualified