Case law

Schoneberg v. Grundy County Special Education Cooperative

67 Ill. App. 3d 899 · Appellate Court of Illinois · Jan 10, 1979

Defendants contend plaintiff has failed to establish that she applied and was qualified for the fourth-grade position while plaintiff argues to the contrary. … In light of the foregoing, we believe the evidence overwhelmingly establishes that plaintiff was qualified for the fourth-grade position and the Commission erred in holding to the contrary.

Gibson v. Philip Morris, Inc.

Appellate Court of Illinois · Sep 24, 1997

In Beauvoir , the discussion of publication arose in the context of a qualified privilege. … We hold that where the evidence establishes actual malice, punitive damages are recoverable.

Parise v. Integrated Shipping Solutions, Inc.

292 F. Supp. 3d 801 · District Court, E.D. Illinois · Nov 13, 2017

Olson and Stubblefield argue that they are entitled to immunity because they are corporate officers. (Dkt. 81 at 11.) … The parties do not address, and the court has not found case law clearly holding, whether this is a question of law for the court or a question of fact for the jury.

Juresic v. Department of Human Services

Appellate Court of Illinois · May 24, 2002

SOVEREIGN IMMUNITY The Department claims that under the doctrine of sovereign immunity the trial court lacked subject-matter jurisdiction to issue an injunction. … Article XIII, section 4, of the Illinois Constitution abolished sovereign immunity but, gave the General Assembly the power to provide for immunity by law. Ill. Const. 1970, art. XIII, §4.

Dent v. Constellation NewEnergy, Inc.

2020 IL App (1st) 191652 · Appellate Court of Illinois · Nov 25, 2020

Constellation also improperly raised the affirmative defense of qualified privilege in its section 2-615 motion to dismiss. … A circuit court should not dismiss a [petition] under section 2- 615 unless it is clearly apparent no set of facts can be proved that would entitle the [petitioner] to recovery. [Citation.]

Knauerhaze v. Nelson

361 Ill. App. 3d 538 · Appellate Court of Illinois · Sep 19, 2005

Nelson’s testimony clearly established evidence through which the jury could conclude that Dr. Allen breached his duty of care. Moreover, Dr. Nelson testified that Dr. … We therefore find that Knauerhaze has failed to meet his burden of “clearly establishing fa] constitutional violation.” Bernier, 113 Ill. 2d at 227 , 497 N.E.2d at 767 .

Corwin v. Abbott Laboratories

Appellate Court of Illinois · Dec 6, 2004

Abbott received immunity for its cooperation in the federal investigation. TAP pleaded guilty to the federal charge of conspiracy and paid $875 million in fines and penalties. … The record does not indicate that an opposite conclusion is clearly evident. Thus, we cannot say that the trial court's finding of a proper purpose is against the manifest weight of the evidence.

Nowak v. International Truck and Engine Corp.

406 F. Supp. 2d 954 · District Court, N.D. Illinois · Dec 19, 2005

In light of the fact that Davis had already served as a Business Team Unit Leader in Intentional’s Huntsville, Alabama facility, there is no basis for the jury to conclude that Nowak was clearly more qualified than Davis. … Kos’s allegation is clearly probative of discrimination.

Black v. Cook County Officers Electoral Board

750 F. Supp. 901 · District Court, N.D. Illinois · Oct 2, 1990

voters, including 200 qualified voters from each of at least 50 counties. … It would delay these proceedings unnecessarily to do so, when plaintiffs could clearly furnish an appropriate individual plaintiff.

System Development Services, Inc. v. Haarmann

389 Ill. App. 3d 561 · Appellate Court of Illinois · Apr 13, 2009

The evidence was insufficient to establish that this information qualified as SDS’s trade secrets. … We conclude that the evidence was insufficient to establish that the information contained on SDS’s customer list was sufficiently secret to qualify as a trade secret.

Bushong v. Homer Glen Area Chamber of Commerce

2026 IL App (1st) 250038-U · Appellate Court of Illinois · Feb 19, 2026

¶6 On appeal, Bushong argues that the trial court’s dismissal based on immunity was erroneous. … It is clearly apparent that there are no set of facts that could be proven that would entitle Bushong to recovery, so the dismissal was properly entered with prejudice.

Brown v. Chicago Police Department

District Court, N.D. Illinois · Mar 23, 2022

Qualified immunity protects government officials from civil liability when performing discretionary functions as long as “their conduct does not violate clearly established statutory or constitutional rights of which a … whether that constitutional right was clearly established at the time of the alleged violation.”

People Ex Rel. Gregg v. Tauchen

415 Ill. 91 · Illinois Supreme Court · Apr 21, 1953

The petitioner, who is county judge of Marshall County, must be a resident of Marshall County or he would not be qualified and eligible to hold that office. … It necessarily follows that legal title to a judicial office in this State can only be established by the written commission from the Governor.

People v. Deery

41 Ill. App. 3d 302 · Appellate Court of Illinois · Aug 16, 1976

All other things being equal it would seem the defendant clearly had the superior credibility. … For example, the testimony of both Finch and the defendant clearly established that they had done business with each other for many years on a rather casual basis, mostly for cash paid and no receipts given.

Johnson v. Jack B. Kelley, Inc.

669 F. Supp. 191 · District Court, N.D. Illinois · Jul 6, 1987

The court stated that “[t]he intent of the Contribution statute was to reach anyone who was culpable, regardless of whether they have been immunized from a direct tort action by some special defense or privilege.” … between a plaintiff and an employer, its conclusion that an employer may *194 be “subject to liability in tort” within the meaning of the Contribution Act, despite the potential defense of the Worker’s Compensation statute, clearly

United States v. Moore

911 F. Supp. 347 · District Court, C.D. Illinois · Jan 5, 1996

To the contrary, all the evidence indicated clearly that Moore refused to testify due to his fear of Furkin. … The Government, however, chose not to pursue that path and instead granted Moore immunity. .

Watt v. People

1 L.R.A. 403 · Illinois Supreme Court · Oct 2, 1888

conclusive, but because of the impossibility of proving upon which side of an imaginary line the swiftly moving train happened to be at the instant the homicidal blow was struck, the murderer must be given complete practical immunity … The evidence here clearly makes the prima facie ease, upon behalf of the People, contemplated by the statute. The defendant had the opportunity to disprove that case, hut failed to do so.

People v. Baker

242 N.E.3d 282 · Appellate Court of Illinois · Sep 29, 2023

¶ 28 It is undisputed that defendant did have a qualifying adult conviction—two of them, in fact. … ¶ 36 A reviewing court starts with the presumption that a statute is constitutional, and the burden is on the party challenging it “to clearly establish any constitutional invalidity.”

Hoopingarner v. Stenzel

329 Ill. App. 3d 271 · Appellate Court of Illinois · Apr 15, 2002

Section 2 — 9 of the Act clearly establishes that an agent will only be liable if the agent acts in bad faith. Therefore, there must be some showing that the agent acted in bad faith. … We agree with the trial court that Hoopingarner failed to present evidence to establish bad faith by Stenzel as required by section 2 — 9.

Adamidis v. Cook County

District Court, N.D. Illinois · May 27, 2020

constitutional right was clearly established at the time of the alleged violation.” … The complaint fails the first part of the qualified immunity inquiry.