Case law

SKS & ASSOCIATES, INC. v. Dart

650 F. Supp. 2d 835 · District Court, N.D. Illinois · Sep 8, 2009

As to Judge Wright, it has long been established that the common law of judicial immunity from damages carries over to Section 1983 (see, e.g., Pierson v. … Here SKS’ prayer seeking such relief is clearly an attempted end run around the statutory prohibition against injunctive relief. This Court will not aid it to obtain indirectly what it cannot obtain directly.

Lyne v. Arthur Andersen & Co.

772 F. Supp. 1064 · District Court, N.D. Illinois · Sep 4, 1991

These services qualify as “merchandise” under the Consumer Fraud Act. … Nor is there any indication that Illinois courts would consider accountants to be immune from the provisions of Consumer Fraud Act.

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

Thuet v. Chicago Public Schools

District Court, N.D. Illinois · Oct 7, 2022

“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 … “When confronted with a claim for qualified immunity, [the court] must address two questions: whether the plaintiff’s allegations make out a deprivation of a constitutional right, and whether the right was clearly established

People v. Kozel

303 Ill. 112 · Illinois Supreme Court · Apr 19, 1922

The evidence of the police officers and the officers and employees of the bank showe°d clearly that these three plaintiffs in error took part in this robbery. … No serious question is made in the briefs that the proof as to the identity of each of the three was not sufficiently established.

People v. Fernandez

2014 IL App (1st) 120508 · Appellate Court of Illinois · Sep 26, 2014

In this case, to establish that defendant’s federal conviction qualified under the Act, the State directed the court to look to defendant’s plea declaration in his 1999 federal case, in which he admitted to … We will not overrule the legislature’s sentencing mandates, unless the penalty is clearly in excess of the general constitutional limitations.

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.

Gilmore v. IDHS

Illinois Supreme Court · Jan 20, 2006

The court stated, APublic Aid *** can clearly come in and defend. … In fact, Fillbright=s immunity went a step further than most balloon annuities and included an amendment clause, which allowed her to push back the balloon payment if a redetermination of her life expectancy revealed a period

Gadson v. Newman

807 F. Supp. 1412 · District Court, C.D. Illinois · Dec 3, 1992

Thus, the issue before the Court: whether the practice of medicine qualifies as trade or commerce for the purposes of the Illinois Consumer Fraud Act. … The fact that a wrongdoer must engage in “trade or commerce” to be liable under the Act is well established.

Board of Education v. State Board of Education

160 Ill. App. 3d 769 · Appellate Court of Illinois · Aug 19, 1987

Findings are against the manifest weight of the evidence only if conclusions opposite to those reached by the agency are clearly evidenced. (Board of Trustees of Community College District No. 501 v. … Charge 5 accuses Parkman of acting contrary to published Department of Public Health Guidelines and established procedures of plaintiff.

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 .

Steinmetz v. Board of Trustees of Community College District No. 529

68 Ill. App. 3d 83 · Appellate Court of Illinois · Dec 22, 1978

Section 3 — 32 of that Act empowers the Board “to establish tenure policies for the employment of teachers and administrative personnel, and cause for removal.” … The Community College Act authorized the Board to “establish tenure policies.” This grant of authority is a very broad one.

Cirilo's, Inc. v. Gleeson, Sklar & Sawyers

154 Ill. App. 3d 494 · Appellate Court of Illinois · Mar 25, 1987

In Doyle, a third-party defendant claimed that he was not “subject to liability in tort” because he was statutorily immune to tort claims by the initial plaintiff, his employee. … Reed-Prentice Division Package Machinery Co. (1977), 70 Ill. 2d 1 , 374 N.E.2d 437 , which established the right of contribution among tortfeasors in Illinois.

The People v. La Bostrie

14 Ill. 2d 617 · Illinois Supreme Court · Sep 18, 1958

The prohibition is only against unreasonable searches and does not extend to immunity from search upon a lawful arrest. (Harris v. United States, 331 U.S. 145, 150 , 91 L. ed. 1399; People v. Clark, 9 Ill.2d 400, 404 .) … To any reasonable man this statement clearly meant that the person (described was guilty of the criminal offense of unlawfully (selling narcotics.

Gorman-Dahm v. BMO Harris Bank, N.A.

2018 IL App (2d) 170082 · Appellate Court of Illinois · Mar 28, 2018

. ¶ 28 The Ringier court noted the existence of a narrow class of cases in which an absolute privilege provides complete immunity from civil action for statements made in the course of litigation, even … Clearly, this communication was an out-of-court communication not authorized by statute, unlike a deed transfer following the entry of an order approving a foreclosure sale.

Edward P. Allison Co. v. Village of Dolton

24 Ill. 2d 233 · Illinois Supreme Court · Mar 23, 1962

Plaintiff did not admit the validity of the fees or of the ordinance imposing them, but clearly and plainly reserved its right to protest them in a manner and language that could not have been more clearly stated. … If there is no person residing in the municipality who is qualified under any one of these descriptions, the mayor or president of the municipality may appoint some other person to fill that position.

Petryshyn v. Slotky

387 Ill. App. 3d 1112 · Appellate Court of Illinois · Jul 29, 2008

275, 283 , 885 N.E.2d 1120, 1130 (2008) (where the First District, using the abuse-of-discretion standard, reversed the trial court’s order for a new trial in a medical-malpractice case). “ ‘ “Abuse of discretion” means clearly … Furthermore, it was established that the allegations of negligence were well within the testifying doctors’ knowledge and experience.

Fortas v. Dixon

122 Ill. App. 3d 697 · Appellate Court of Illinois · Mar 19, 1984

Kelly clearly evidenced a pattern of fraud, false swearing, and total disregard for the mandatory requirements of the Election Code. … We believe plaintiff had clearly sustained his burden of proving Kelly had not personally circulated sheets 95, 113, and 5 and that Kelly’s oath to the contrary was false.

Knapp v. Palos Community Hospital

176 Ill. App. 3d 1012 · Appellate Court of Illinois · Nov 30, 1988

Section 2b, on the other hand, provides an immunity from civil liability for peer-review participants and an exception to that immunity for wilful and wanton misconduct. … Similarly here, plaintiffs’ argument that there has been no finding that the preliminary injunction entered by the trial court was wrongfully issued is clearly untenable.

Dobbey v. Baldwin

District Court, N.D. Illinois · Oct 8, 2019

the alternative that they are entitled to qualified immunity. … They have waived their qualified immunity defense and, in any event, are not entitled to qualified immunity.