Case law

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.

Blumenthal v. Murray

995 F. Supp. 831 · District Court, N.D. Illinois · Feb 11, 1998

The CHA, Murray and Cruse-Boyd seek to dismiss Count I on the basis that plaintiff has not established a prima facie ease because he has not established that his job performance met the CHA’s expectations and because he has … Persons acting under the color of state law who “subject[] or cause[] to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws,

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

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.

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.

People v. J.S.

153 Ill. App. 3d 154 · Appellate Court of Illinois · Feb 27, 1987

More significantly, Hansen’s statement that she had been robbed clearly does not relate to the circumstances of the occurrence. … On the basis of the record before us, we conclude that Rose Hansen’s statement to her niece did not qualify as an excited utterance.

Bacon v. Holzman

264 F. Supp. 120 · District Court, N.D. Illinois · Feb 17, 1967

regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States ór other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Cynicism regarding the Chicago political climate has long been an established viewpoint, held by a segment of the public in this area.

Schittino v. Village of Niles

2024 IL App (1st) 230926 · Appellate Court of Illinois · Sep 10, 2024

No citation to any evidentiary source to establish even that Carrabotta was a candidate, much less how that fact alone establishes prejudice. … The application of laches, under Intervenors’ logic, would forever immunize the Referendum from constitutional challenge unless a litigant immediately challenged it.

Illinois Public Aid Commission v. Sanderson

410 Ill. 390 · Illinois Supreme Court · Nov 27, 1951

In support of this rationale, the commission relies upon the established principle of law, reiterated in Clare v. … The immunity of the State to general statutes of limitations when public rights are asserted is a vestige of the concept of sovereign immunity, and is designed to protect the enforcement of public rights in the conduct of

Peoria County Treasurer & Collector v. Grange

106 Ill. App. 3d 785 · Appellate Court of Illinois · May 17, 1982

It is clear that three factors must be met to qualify for an exemption. First, the taxpayer must qualify as an organization described in sections 19.1 through 19.23 — 4 of the Revenue Act of 1939 (Ill. Rev. … Allphin (1975), 60 Ill. 2d 350, 359 , 326 N.E.2d 737, 741 , that: “ ‘[Ujnlimited freedom to seek judicial review of the merits’ where the legislature has established an express procedure for judicial review ‘would severely

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.

Meskauskas v. Cowan

District Court, S.D. Illinois · May 24, 2021

Qualified Immunity Defendants’ assertion of qualified immunity on the remaining claims is denied. … Officers are entitled to qualified immunity under Section 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was “clearly established at the time.”

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

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.

McFatridge v. Madigan

962 N.E.2d 1113 · Appellate Court of Illinois · Dec 14, 2011

Sovereign Immunity ¶ 45 The Attorney General also argues McFatridge's mandamus complaint is barred by sovereign immunity to the extent it seeks to control the Attorney General's exercise of discretion. … Here, McFatridge is clearly being sued for actions he took in prosecuting Steidl and Whitlock while the elected State's Attorney of Edgar County.

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.

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.

Chi v. Loyola University Medical Center

787 F. Supp. 2d 797 · District Court, N.D. Illinois · Jul 5, 2011

This law, however, does not “[c]reate any privileges or immunities or otherwise affect, limit or preclude any privileges or immunities authorized by law.” A.R.S. § 12-752(E)(3). … As the Arizona Supreme Court has recognized, Milkovich established this standard for statements that relate to a matter of public concern.

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.

McFatridge v. Madigan

2013 IL 113676 · Illinois Supreme Court · Jun 28, 2013

A cause of action should be dismissed under section 2-615 only where it is clearly apparent that the plaintiff can prove no set of facts which would entitle him or her to recover. See DeHart v. … clearly expressed legislative intent.