Case law

Weisbrod v. Lowitz

282 Ill. App. 252 · Appellate Court of Illinois · Nov 12, 1935

Considering the evidence as having established that defendants were brokers acting for plaintiff in this transaction, are they amenable to the Illinois Securities Law? … It clearly is aimed at those, who sell stock not qualified. In every transaction of this nature there are' two parties — a buyer and a seller.

Chicago Joint Bd., Amal. Cloth. Wkrs. v. Chicago Tribune Co.

307 F. Supp. 422 · District Court, N.D. Illinois · Dec 19, 1969

Supp. 864, 869 (N.D.Ill.1967), “(i)t is elementary that in order to establish a violation of the Fourteenth Amendment, there must be ‘state action’ which results in deprivation of a right, privilege or immunity protected … It found, as we could find in the instant case, that “as an expression of grievance and protest on one of the major issues of our time, (the advertisement) would seem- clearly to qualify for the constitutional protection.

Zimmer v. Village of Willowbrook

242 Ill. App. 3d 437 · Appellate Court of Illinois · Mar 12, 1993

Stat. 1991, ch. 110, par. 2 — 619), finding that plaintiffs’ cause of action was time barred by section 8 — 101 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (111. Rev. … If, on remand, plaintiffs properly establish the culverts to be an improvement, then section 13— 214(a) will apply.

Girsberger v. Kresz

261 Ill. App. 3d 398 · Appellate Court of Illinois · Dec 27, 1993

Kresz proposed that he and plaintiff enter into a partnership in Chicago, where Kresz had established operations. … However, in the corporate resolution terminating plaintiff’s employment, it is a statement that clearly accuses the plaintiff of a want of integrity in the discharge of the duties of employment.

Holmes v. Aurora Police Pension Fund Board of Trustees

217 Ill. App. 3d 338 · Appellate Court of Illinois · Aug 9, 1991

Plaintiff also argues that the Pension Board’s proceedings are effectively immune from review and that the Board is improperly using “permanent irrebuttable arguments” that diabetics are unfit to be police officers. … IO8V2, par. 3 — 106) and should therefore be entitled to pension benefits since section 3 — 101 of the Pension Code provides that “the board of trustees *** shall establish and administer a police pension fund *** for the

Dark v. United States Fidelity & Guaranty Co.

175 Ill. App. 3d 26 · Appellate Court of Illinois · Sep 8, 1988

The defense of an absolute or qualified privilege to a common law action for libel has long been established in Illinois. … Clearly, plaintiff cannot claim a misnomer here and section 2—616(d) is inapplicable.

USX Corp. v. White

Appellate Court of Illinois · Mar 1, 2004

If a company qualifies for use of this method, it is required to do so. … Sections 11.50(a)(1) and (a)(2) clearly indicate that the legislature intended that a single surviving corporation remain after a statutory merger.

In Re Petition of Ill. Judicial Inquiry Bd

128 Ill. App. 3d 798 · Appellate Court of Illinois · Nov 13, 1984

candidate is qualified." … Once a qualified privilege is established, the party seeking disclosure must show a "particular need" for the information. Equal Employment Opportunity Com. v.

United States v. Illinois

148 F.R.D. 587 · District Court, N.D. Illinois · Apr 9, 1993

The party asserting the protection of a privilege has the burden of establishing both the existence and applicability of the privilege. Brock v. Gerace, 110 F.R.D. 58 (D.N.J.1986). … Clearly, however, the goal of the Civil Rights of Institutionalized Persons Act is compelling.

People v. Masterson

207 Ill. 2d 305 · Illinois Supreme Court · Oct 2, 2003

We note that statutes are presumed constitutional, and the party challenging the validity of a statute has the burden of clearly establishing that it is unconstitutional. In re Curtis B., 203 Ill. 2d 53, 58 (2002). … Clearly, the justices of the Crane majority did not believe their decision called into question the continued viability of Hendricks.

Bullis v. City of Chicago

235 Ill. 472 · Illinois Supreme Court · Jun 18, 1908

the payment of a salary to the person acting as an officer, and clearly it could not be. … The word “prescribed,” as there used, is equivalent to “established.”

Tenorio v. Village of Robbins

District Court, N.D. Illinois · Mar 27, 2019

qualified immunity. … Police officers “are entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.”

McReaken v. Illinois Department of Corrections

District Court, S.D. Illinois · Sep 26, 2024

“To overcome qualified immunity, the facts viewed in the light most favorable to [the plaintiff] must ‘show that the defendant[s] violated a constitutional right’ and that ‘the right was clearly established at [that] time … The threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiff’s allegations, if true, establish a constitutional violation. See Hope v. Pelzer, 536 U.S. 730, 736 (2002).

Burns v. Lifferth

431 Ill. Dec. 867 · Appellate Court of Illinois · Mar 7, 2019

." ¶ 10 In addition, Heather noted that, with certain qualifiers, she generally agreed that August could take one of the children for an evaluation on possible occupational therapy. … Heather did not clearly agree *876 *1046 to any modifications to summer parenting time or transportation/exchange locations.

Vestrup v. Du Page County Election Commission

335 Ill. App. 3d 156 · Appellate Court of Illinois · Oct 31, 2002

that, where a word or phrase is used in different sections of the same legislative act, a court presumes that the word or phrase is used with the same meaning throughout the act, unless a contrary legislative intent is clearly … However, in our view this use of “territorial area” merely was to underscore the necessity that the entire district or political subdivision voted as a unit in the last election for a party to qualify for the status of established

Torry v. City Of Chicago

District Court, N.D. Illinois · Feb 20, 2018

Again, once Defendants invoked qualified immunity, it became Plaintiffs’ burden to show that Defendants violated a clearly established right. See al-Kidd, 563 U.S. at 735. … In any event, because Defendant Officers invoke qualified immunity, the burden again shifts to Plaintiffs to identify clearly established law violated by Defendants’ conduct.

Rehfield v. Diocese of Joliet

450 Ill. Dec. 677 · Illinois Supreme Court · Feb 4, 2021

A court should not dismiss a complaint pursuant to this section unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery. … Her action bears directly on the Diocese’s right to select its ministers, assuming plaintiff qualifies as a minister.

Stapleton v. Advocate Health Care Network

76 F. Supp. 3d 796 · District Court, N.D. Illinois · Dec 31, 2014

If the statute stopped there, then Advocate would clearly lose: Advocate established its plan, and therefore its plan was not established by a church. … Advocate would have this amendment signify that Congress also now intended for a plan simply maintained by any self-affiliated organization to qualify (without the *805 need for church establishment), Defs.’

Redlin v. Village of Hanover Park

278 Ill. App. 3d 183 · Appellate Court of Illinois · Feb 13, 1996

The Village bases its argument on section 3 — 102(a) of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act), which provides in part that the Village "has the duty to exercise ordinary care … Following Wagner, Thomas’ claim is not barred by section 3 — 102(a) of the Tort Immunity Act.

Turgeon v. Commonwealth Edison Co.

258 Ill. App. 3d 234 · Appellate Court of Illinois · Mar 21, 1994

Plaintiff concludes that because the Recreational Use Act did not apply, Edison did not have qualified immunity from the ordinary negligence standard and the case should have been presented to the jury under the ordinary … The plain language of the statute clearly includes "water” in its definition of "land.” (Ill. Rev. Stat. 1991, ch. 70, par. 32(a) (now 745 ILCS 65/2(a) (West 1992)).)