Case law

Gammon v. Edwardsville Community Unit School District No. 7

82 Ill. App. 3d 586 · Appellate Court of Illinois · Mar 26, 1980

The plaintiff, however, continued to express her apprehension and indicated clearly she did not believe that her difficulties with Ladd were over. … See also Gardner, Changing Patterns in Illinois’ School Tort Immunity, 55 Chi.-Kent L. Rev. 605 , 612 (1979).

Kozak v. Retirement Board of Firemen's Annuity & Benefit Fund

99 Ill. App. 3d 1015 · Appellate Court of Illinois · Sep 3, 1981

The benefits provided in this Section shall be paid to all widows who qualified to receive said benefits before the effective date of this amendatory Act and to those widows who qualify after the effective date. … In light of this possibility the Board could have established reserves to meet the contingency.

Smith v. D. R. G., Inc.

30 Ill. App. 3d 162 · Appellate Court of Illinois · Jun 17, 1975

court found (1) that after September 24 and November 26, 1971, the Smiths obtained estimates of redemption which showed them the amounts of money needed to redeem their property from the tax sale; (2) that they had not established … To qualify for the deed, the tax purchaser had to serve the notices provided in sections 263 and 266 of the Act. (Ill. Rev.

Low v. Richardson

360 F. Supp. 499 · District Court, N.D. Illinois · May 23, 1973

In order to qualify as a “provider” of hospital services reimbursable by Medicare, a hospital must establish a Utilization Review Committee, composed of two or more physicians, which periodically certifies the medical need … Clearly, none of this was done until four months after her discharge and then by only one physician as opposed to the required two. Mrs.

Vaughn v. City of West Frankfort

166 Ill. 2d 155 · Illinois Supreme Court · May 18, 1995

The appellate court also opined that the costs of guarding against injury "clearly suggest the imposition of a duty in the pedestrian-defect type of case.” ( 258 Ill. App. 3d at 433-34 .) … Although we are sympathetic to plaintiffs injuries, the Illinois legislature has established a clear public policy to immunize government from the financial burdens of preventing injuries which occur as a result of unintended

People v. Johnson

355 Ill. Dec. 417 · Illinois Supreme Court · Dec 1, 2011

. ¶ 11 Section 5-4-3(k)(1) establishes a State Offender DNA Identification System Fund (Fund), "a special fund in the State Treasury." 730 ILCS 5/5-4-3(k)(1) (West 2008). … . ¶ 19 Marshall establishes, first, that the DNA analysis charge clearly is compensatory. It is intended to cover the cost of analyzing the offender's DNA, and therefore is paid only once.

People v. Server

148 Ill. App. 3d 888 · Appellate Court of Illinois · Oct 28, 1986

certain behavior which may be symptomatic of the “rape trauma syndrome,” but is not qualified to draw psychological conclusions. … A party challenging the validity of the statute has the burden of establishing a substantial constitutional violation.

Taylor v. Rodriguez

District Court, N.D. Illinois · Sep 27, 2018

“Qualified immunity protects officers performing discretionary functions from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights that a reasonable person … “A plaintiff seeking to defeat an assertion of qualified immunity must establish ‘that the law concerning the plaintiff’s asserted right was clearly established at the time the challenged conduct occurred.’”

Petre v. Cardiovascular Consultants, S.C.

373 Ill. App. 3d 929 · Appellate Court of Illinois · May 30, 2007

A verdict is against the manifest weight of the evidence where the opposite conclusion is clearly evident or where the findings of the jury are unreasonable, arbitrary, and not based on any of the evidence. … Sullivan very clearly distinguished Wingo because it found that the “precise factual scenario” of communications between a nurse and a physician was not present in that case.

Wisnasky-Bettorf v. Pierce

403 Ill. App. 3d 1080 · Appellate Court of Illinois · Aug 19, 2010

The statute clearly states that the vacancy “may be filled in accordance with the requirements of this [sjection,” meaning all of section 7 — 61. 10 ILCS 5/7 — 61 (West Supp. 2009). … So, this would cover the case where you have a... a Primary where a major Party failed to have a candidate qualify for the Primary ballot.

Christian Action Ministry v. Department of Local Government Affairs

74 Ill. 2d 51 · Illinois Supreme Court · Dec 4, 1978

The phrase “all final administrative decisions” is neither limited nor qualified. … Questions about the propriety of an exemption or denial of exemption clearly lend themselves to meaningful judicial review. (See our analysis of the second issue below.)

Fairchild v. Michigan Central Railroad

8 Ill. App. 591 · Appellate Court of Illinois · Jun 14, 1881

If the evidence establishes a valid contract between the parties fixing the amount of the plaintiff’s compensation for taking the deposition in question, such contract must govern, and proof of value, other than that so fixed … He was clearly authorized to take all such steps as were necessary to a proper defense of the suit; among which may fairly be included the suing out of a commission to take the deposition of a non-resident witness, as well

Schneider v. Cedar Ridge Health and Rehabilitation Center, LLC

2026 IL App (5th) 250121-U · Appellate Court of Illinois · Feb 9, 2026

Second, it contended that it was immune from all claims from April 1, 2020, to June 27, 2020, pursuant to executive order immunity. Third, defendant claimed immunity based on the political question doctrine. … The established principle of liberally allowing leave to amend a complaint was simply not followed in this matter.

Walker v. Berkshire Foods, Inc.

41 Ill. App. 3d 595 · Appellate Court of Illinois · Aug 19, 1976

App. 3d 509 , 341 N.E.2d 425 , the court stated that its decision in Marcus should not be read as a sweeping repeal of employer immunity, despite the seemingly broad language employed. … Clearly, under the allegations of plaintiff’s complaint, Berkshire occupied a position as plaintiff s employer and no other.

Oscar Mayer & Co. v. Industrial Commission

176 Ill. App. 3d 607 · Appellate Court of Illinois · Dec 1, 1988

Similarly, an employee is also clearly prejudiced in the giving of notice to the employer (see Ill. Rev. … Clearly, benefits are tied to the wage rate being earned on the date of accident. (Ill. Rev. Stat. 1987, ch. 48, par. 138.10.)

Harris v. Walls

53 F. Supp. 3d 1092 · District Court, C.D. Illinois · Jul 7, 2014

Defendants assert that they are entitled to qualified immunity, but their argument is undeveloped because they do not discuss Shaw or Higgason . … Qualified immunity is beside the point here anyway, because no rational juror could find that Plaintiffs pursuit of his soy case or his attempt to help other inmates file truthful grievances was a motivating factor behind

O'Toole v. The Chicago Zoological Society

17 N.E.3d 869 · Appellate Court of Illinois · Aug 28, 2014

for immunity. … "Such close interaction and comprehensive governmental control of a not-for-profit corporation exemplify the characteristics of the type of organization that may be able to qualify for immunity as a 'local public entity

Fuqua v. SVOX AG

2014 IL App (1st) 131429 · Appellate Court of Illinois · Aug 11, 2014

However, as Soseman points out on appeal, the circuit court dismissed the claims against him based on the rule that an attorney is entitled to qualified immunity for actions taken by a client pursuant to the … In this case, Fuqua did not allege any facts showing actual malice by Soseman and presented no arguments that overcome an attorney’s qualified immunity privilege.

Southern Illinois Builders Association v. Ogilvie

327 F. Supp. 1154 · District Court, S.D. Illinois · Jun 2, 1971

The Court of Appeals for the Third Circuit stated that the Philadelphia Plan is “clearly” color conscious but held in the face of the contractors’ objections based on the Civil Rights Act of 1964 that “to read (The Civil … It is a well settled principle that “immunity from federal regulation is not gained through forehanded contracts.” Federal Housing Authority v.

Berg v. Allied Security, Inc.

Illinois Supreme Court · Jul 1, 1999

It therefore could not qualify as any kind of motion, much less a post-trial motion under section 2–1203. … It is not a reason for holding that the motion does not even qualify as a motion. A lame horse, after all, is still a horse.