Case law

Russ v. Pension Consultants Co.

182 Ill. App. 3d 769 · Appellate Court of Illinois · Apr 25, 1989

which would be used by the defendant to establish the plans. … App. 3d 746 , 498 N.E.2d 575 , in which the court, relying on Wheeler, held that Federal securities statutes which were national in scope established a clearly mandated public policy of this State and supported a cause of

Chicago Bar Ass'n v. Department of Revenue

163 Ill. 2d 290 · Illinois Supreme Court · Nov 23, 1994

The principles governing the validity of statutory tax exemptions are well established. … Some parcels may well qualify as being used "exclusively for *** school *** purposes” as the constitution requires, while others will not.

Johnson v. Doe 1

District Court, S.D. Illinois · Sep 19, 2024

Qualified Immunity Defendants further assert they are entitled to summary judgment on the grounds of qualified immunity. … Qualified immunity shields government officials from liability for civil damages when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Oasis, Midwest Center for Human Potential v. Rosewell

55 Ill. App. 3d 851 · Appellate Court of Illinois · Nov 29, 1977

It was established that during the relevant time period approximately 2,000-6,000 individuals attended Oasis’ programs. … Plaintiffs must clearly show that the specific property for which exemption is sought is within the contemplation of the law. Rotary International v. Paschen (1958), 14 Ill. 2d 480 , 153 N.E.2d 4 .

Garimella v. Board of Trustees of the University of Illinois

50 Ill. Ct. Cl. 350 · Court of Claims of Illinois · May 8, 1996

This seemingly bars all or almost all mandatory injunctions, and may well bar many prohibitory injunctions as well, but it clearly prohibits employment and State program reinstatement claims like this case and Ellis. … XIII, section 4), thus deconstitutionalizing this doctrine which had been established directly by the 1870 Constitution.

People v. Trice

2017 IL App (1st) 152090 · Appellate Court of Illinois · Jul 14, 2017

In establishing the first prong, a defendant must overcome the presumption that counsel’s conduct was the result of trial strategy and thus generally immune from an ineffectiveness claim. … This case, however, does not qualify for disposition by opinion because it does not establish a new rule of law; does not modify, explain, or criticize an existing rule of law; and does not resolve, create,

Archie v. City Of Chicago

District Court, N.D. Illinois · Sep 25, 2020

Qualified immunity shields government officials against damages suits. Officials are immune from suit unless they violate a constitutional right that was clearly established at the time of the violation. Harlow v. … July 16, 2015) (dismissing claims based on qualified immunity).

Gord Industrial Plastics, Inc. v. Aubrey Manufacturing, Inc.

103 Ill. App. 3d 380 · Appellate Court of Illinois · Jan 29, 1982

Plaintiff clearly did not offer a compromise. The only concession was defendant’s. … ) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract.

Norris v. National Union Fire Insurance

368 Ill. App. 3d 576 · Appellate Court of Illinois · Oct 17, 2006

While the majority recognized Jones had clearly marked an X in the space for rejecting uninsured motorist coverage, it concluded Jones could not make an informed choice to accept or reject since the offer was not made in … It happened in Stallman where the court decided to reconsider the parent-child tort immunity rule. Stallman, 152 Ill. App. 3d at 689 .

Harris v. Adler School of Professional Psychology

309 Ill. App. 3d 856 · Appellate Court of Illinois · Dec 15, 1999

App. 3d 125, 134 , 645 N.E.2d 536 (1994) (courts are ill-equipped to run private colleges and universities, which must be accorded a generous measure of independence and autonomy with respect to the establishment, maintenance … The provision pursuant to this act clearly is merely a reference to the applicability of an already existing law.

Kirwan v. Lincolnshire-Riverwoods Fire Protection District

285 Ill. Dec. 380 · Appellate Court of Illinois · Jun 24, 2004

On March 7, 2001, decedent experienced an allergic reaction to walnuts while at Bar Louie, an establishment in Riverwoods. At 9:26 p.m. a 9-1-1 call was placed. … Taking plaintiffs well-pleaded facts as true, we cannot say that it clearly appears that plaintiff would not be entitled to relief under any set of facts.

People v. Bradley

172 Ill. App. 3d 545 · Appellate Court of Illinois · Jul 21, 1988

Under these precedents the trial court was correct in qualifying Pat Hancox as an expert for the limited purposes delineated by the court. … She clearly had knowledge and training beyond that of the average citizen in regard to cases of child abuse.

Shoreline Towers Condominium Association v. Gassman

404 Ill. App. 3d 1013 · Appellate Court of Illinois · Sep 30, 2010

not in furtherance of acts immunized from, liability by this Act.” 735 ILCS 110/20(c) (West 2008). … We disagree, as the Act does not require a lawsuit be filed while protected conduct is ongoing in order to qualify as a SLAPP suit.

Tramblay v. Hyde Park State Bank

336 Ill. 80 · Illinois Supreme Court · Jun 19, 1929

Whether any promise of immunity was made by the bank if the notes were given is not clear, but in all the opinions it is treated as if that was understood between the parties. … perfectly clear that both she and Kronmeyer were influenced by the understanding, which was clearly to be implied, that if the matter was adjusted satisfactorily Kronmeyer would not have to go to jail or be prosecuted. *

Bradford v. City of Chicago, a municipal corporation

District Court, N.D. Illinois · Mar 31, 2021

issue was “clearly established” at the time of the alleged violation. … Plaintiffs have failed to meet their burden to establish a genuine issue for trial concerning qualified immunity, and summary judgment is proper for the Individual Defendants on Count III. II.

American Federation of State, County & Municipal Employees v. Schwartz

343 Ill. App. 3d 553 · Appellate Court of Illinois · Sep 26, 2003

of anti-injunction statutes established in Aluminum Workers International Union v. … The Plaintiff Has a Likelihood of Success on the Merits In the context of an order restraining employer conduct in aid of arbitration, a plaintiff, in order to establish a likelihood of success on the merits, “need only establish

Van Pelt v. Kranawetter

District Court, S.D. Illinois · Aug 4, 2021

Finally, Kranawetter is entitled to qualified immunity. Officers are afforded the extra layer of protection of qualified immunity. Thayer v. … The threshold inquiry a court must undertake in a qualified immunity analysis is whether plaintiff’s allegations, if true, establish a constitutional violation. Saucier v. Katz, 533 U.S. 194, 201 (2001).

In re A.M.

2025 IL App (1st) 242325 · Appellate Court of Illinois · Sep 24, 2025

While “[t]he ICWA does not define ‘qualified expert witness’ ” (In re D.D. Jr., 385 Ill. … This is improper and clearly not compliant with the ICWA’s regulations.

Rains v. PPG Industries, Inc.

361 F. Supp. 2d 829 · District Court, S.D. Illinois · Dec 23, 2004

Multiple sclerosis is also an autoimmune disease in which the body’s immune system attacks myelin, an insulating protein sheath that covers nerve fibers in the brain or nervous system. … Sultan clearly did not rely upon the scientific method because he did not know what it meant and instead relied upon his ipse dixit as evidenced by the colloquy in the Sultan transcript at page 255: Q.

Swain v. County of Winnebago

111 Ill. App. 2d 458 · Appellate Court of Illinois · Aug 19, 1969

The court further stated that all of the cases which were called to its attention clearly held that increased business competition provides no standing to complain of a zoning change, and at page 397 it cited a number of … Kerner, 19 Ill2d 506, 167 NE2d 555 (1960), at pages 511 and 512, the court stated: “Paragraph 25-2 of the Election Code clearly states that every elective office shall become vacant before the expiration of the term of such