Case law

Robinson v. KFC National Management Co.

171 Ill. App. 3d 867 · Appellate Court of Illinois · Jun 9, 1988

These will ordinarily be situations in which the law has already clearly recognized duality of legal persons, so that it may be realistically assumed that a legislature would have intended that duality to be respected. … Thus1 his employer could not claim any inherited immunity from the manufacturing . corporation, with which it had merged, by virtue of the exclusivity provision of workers’ compensation law.

Pharmacia Corp. v. Clayton Chemical Acquisition LLC

382 F. Supp. 2d 1079 · District Court, S.D. Illinois · Mar 8, 2005

This Court finds that the natural meaning of “civil action” is clearly a non-criminal judicial proceeding. … order does not qualify as a civil action.

Douglas v. Village of Palatine

District Court, N.D. Illinois · Mar 16, 2021

Government officials are immune from liability for civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Thus, to surmount the barrier of qualified immunity, a plaintiff must show that it was “clearly established” that the officer’s use of force was “objectively excessive from the perspective of a reasonable officer on the

Offutt v. Kaplan

884 F. Supp. 1179 · District Court, N.D. Illinois · Apr 12, 1995

Moreover, federal court jurisdiction must affirmatively appear clearly and distinctly. The mere suggestion of a federal question is not sufficient to establish the jurisdiction of federal courts. See Koll v. … granted guardian ad litem absolute immunity.

Conley

District Court, N.D. Illinois · May 15, 2026

Defendants Are Entitled to Qualified Immunity Public officials are entitled to qualified immunity unless a plaintiff can show that they violated clearly established law by either identifying closely … And his reliance on district court cases is unavailing as they don’t clearly establish the law under qualified immunity. Anderson v. Romero, 72 F.3d 518, 525 (7th Cir. 1995).

Cinkus v. Village of Stickney Municipal Officers Electoral Board

Illinois Supreme Court · Mar 20, 2008

Cinkus asked the Board to grant his motion to dismiss “for failure of the Objector [Esposito] to establish a prima facie case.” … Another dictionary sets forth both meanings more simply: “Fit and proper to be selected ***; legally qualified for an office.”

Jenkins v. Jeffries

District Court, C.D. Illinois · Jul 19, 2022

Qualified immunity insulates public officials from liability for money damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … at issue was clearly established at the time of defendant's alleged misconduct.”

Chukwu v. Air France

218 F. Supp. 2d 979 · District Court, N.D. Illinois · Sep 11, 2002

This most certainly qualifies as commercial activity within the United States under the FSIA, regardless of plaintiffs theory of recovery. … In other words, a claim is "based upon” commercial activity in the United States if that activity establishes a legal element of the claim. Id. See also Saudi Arabia v.

Floyd Ex Rel. Floyd v. Rockford Park Dist.

355 Ill. App. 3d 695 · Appellate Court of Illinois · Jan 12, 2005

Now, if a plaintiff pleads facts sufficient to establish willful and wanton conduct as presently defined in section 1-210 of the Act, the public entity or public employee is not immune from liability. Packard v. … In conclusion, we hold that plaintiff failed to allege facts sufficient to establish willful and wanton conduct, and, thus, the trial court properly granted defendants' motion to dismiss based on the immunity conferred in

United Delivery Service, Ltd. v. Didrickson

213 Ill. Dec. 452 · Appellate Court of Illinois · Dec 12, 1995

The report stated that UDS failed to prove that its drivers qualified as independent contractors under section 212 of the Unemployment Insurance Act (Ill. Rev. … The drivers therefore were engaged in an independently established occupation.

McGee

District Court, N.D. Illinois · Mar 31, 2026

To the extent that video footage clearly contradicts McGee’s allegations, the Court will not “indulge stories clearly contradicted by the footage.” See Horton v. … In ap- plying qualified immunity to the Fourth Amendment’s probable-cause requirement, an officer is entitled to qualified immunity if arguable probable cause existed to de- tain the plaintiff. Id.

Lowe

District Court, N.D. Illinois · Jan 30, 2026

The doctrine of qualified immunity, however, provides additional protections for the Officers. … Defendants argue that they used reasonable force, and in the alternative, qualified immunity applies.

Doe Child, a minor by his parents and next friends, John and Jane Doe v. Stark County Community Unit School District 100

District Court, C.D. Illinois · Dec 9, 2019

“A state official is protected by qualified immunity unless the plaintiff shows: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged … “A school official searching a student is ‘entitled to qualified immunity where clearly established law does not show that the search violated the Fourth Amendment.’

Repaskey v. Chicago Transit Authority

60 Ill. 2d 185 · Illinois Supreme Court · Mar 24, 1975

In the first of these cases, a majority of the court held that proof of notice by registered mail, established by return receipt, satisfied the requirement of a similar statute that notice be personally served. … When Brush counterclaimed for personal injuries his counterclaim was dismissed because he had not filed the six months’ notice required by the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev.

People v. Lane

256 Ill. App. 3d 38 · Appellate Court of Illinois · Dec 13, 1993

He was qualified as an expert in the composition of bullet lead. … Lane that immunity protects him from everything except perjury. That if he lied, immunity doesn’t protect him.”

Scott Aviation, Inc. v. DUPAGE AIRPORT AUTHORITY

393 F. Supp. 2d 638 · District Court, N.D. Illinois · Jan 24, 2005

Plaintiffs allege that they invested millions of dollars in establishing their business at the Airport. … State Action Immunity (Count I) DAA argues that Count I is barred under the doctrine of state action immunity.

Durkin v. Hey

376 Ill. 292 · Illinois Supreme Court · Apr 10, 1941

This they clearly had the right to do. … It is the established rule of this court that a constitutional ques-ion will not be considered if the case can be decided without doing so. People v. Jarecki, 372 Ill. 208 ; People v. Adams, 351 id. 79.

Ioerger v. HALVERSON CONST. CO., INC.

232 Ill. 2d 196 · Illinois Supreme Court · Dec 18, 2008

Pursuant to the agreement, Midwest was responsible for "the performance of all labor for the Joint Venture, including payroll, payroll taxes, fringes and other employee expenses, including, but not limited to, the establishment … The defendants, therefore, have not shown clearly that they are entitled to the protection of the Act's exclusive remedy provision.

Moriarity v. Rockford Health Systems, Inc.

365 Ill. App. 3d 378 · Appellate Court of Illinois · May 2, 2006

As such, another qualified physician’s concurrence in Dr. … Allen clearly did not have a terminal condition, was not permanently unconscious, and was not afflicted with an incurable or irreversible condition as those terms are defined by the Act.

ATC Healthcare Servs., Inc. v. RCM Techs., Inc.

282 F. Supp. 3d 1043 · District Court, E.D. Illinois · Sep 30, 2017

But ATC offers no support that a statement made to a government entity in a bidding process qualifies as a statement made to end users of the contracted-for services. … Illinois Tort Immunity Act Finally, CPS argues that the Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. , provides the Board with immunity against the economic-advantage claim.