Case law

Bd. of Trustees of Police Pension Fund of City of Urbana v. Ill. Human Rights Comm'n

141 Ill. App. 3d 447 · Appellate Court of Illinois · Mar 5, 1986

The complaint filed by Tharp with the Commission clearly sets forth such a claim. … The fund is established and maintained pursuant to section 3 — 101 of the Illinois Pension Code (Code) (Ill. Rev.

Chicago Regional Council of Carpenters v. Thorne Associates, Inc.

893 F. Supp. 2d 952 · District Court, N.D. Illinois · Sep 25, 2012

Discrimination Against Rosas on the Basis of Disability To establish employment discrimination under the ADA, a plaintiff must show (1) that he is disabled within the meaning of the ADA; (2) that he is qualified to perform … Donahoe, 680 F.3d 738 , 745 n. 5 (7th Cir.2012) (Seventh Circuit's preAmendment jurisprudence "clearly indicated that an inability to lift 25 pounds was not a substantial limitation” on a major life activity)-

Gauthier v. Chicago Board of Education

2024 IL App (1st) 230442-U · Appellate Court of Illinois · Feb 20, 2024

I recognize that the in loco parentis immunity provided by the School Code immunized the Board from ordinary negligence. … ¶ 41 The Board argues that it is immune from liability for the sexual assault on MS, relying on the Tort Immunity Act.

National Fire Insurance v. Kilfoy

375 Ill. App. 3d 530 · Appellate Court of Illinois · Aug 13, 2007

Weller were not clearly defined and that, as a result, Weller evaluated and advised patients who should have been evaluated and advised by Sondheimer. … properly advised by Weller; (6) scheduling surgeries in such a manner to discourage patients from seeking additional preoperative advice from Sondheimer; (7) failing to require written consent by patients; and (8) failing to establish

Tomasello v. Delta Air Lines, Inc.

8 F. Supp. 2d 1090 · District Court, N.D. Illinois · Jun 24, 1998

Instead, there is no genuine issue of material fact as to whether Tomasello was then a “qualified individual” (she clearly was not), and Delta is therefore entitled to a judgment as a matter of law. … At this stage, of course, Tomasello need not "establish” or "prove” or “show” anything.

The Carle Foundation v. Department of Revenue

227 N.E.3d 664 · Appellate Court of Illinois · Aug 4, 2023

Specifically, they assert that (1) the court erroneously held that an exemption in one year could be established based on an exemption in another year and (2) plaintiff failed to show that it engaged in sufficient qualifying … 41 - four parcels that lessened the financial burden of the government, including the following: it was a level 1 trauma center, a level 3 perinatal center, and a primary stroke center; it created a mobile clinic for immunization

Stephens-Adamson Manufacturing Co. v. Fireman's Fund Insurance

257 Ill. App. 443 · Appellate Court of Illinois · May 14, 1930

App. 134 , it is said: “The witnesses were before the trial judge, who had the benefit of observing the witnesses and their demeanor while testifying, and was, other things being equal, better qualified to pass upon their … Kemper, 304 Ill. 303 , in which it was inter alia said: “Under the law and established rules of practice the conclusions of the trial judge should not be disturbed unless it clearly appears from the record that such conclusions

Kendrick v. Standard Oil Co.

81 Ill. App. 2d 176 · Appellate Court of Illinois · Mar 23, 1967

The United States moved to dismiss on the grounds of sovereign immunity. Its motion was granted and it then asked, and was given leave, to intervene. … The United States answered that their petition was not timely and that the petitioners failed to qualify for intervention under section 26.1 of the Civil Practice Act. (Ill Rev Stats 1963, c 110, § 26.1.)

Artist M. v. Johnson

726 F. Supp. 690 · District Court, N.D. Illinois · Nov 21, 1989

Both classes of plaintiffs have implied causes of action to enforce their rights as established under AAA. 2. … Without more, than unqualified assertion would render Johnson — wearing his official-capacity hat — immune to plaintiffs’ present action.

Rogers v. Baldwin

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

Finally, Lashbrook and Baldwin claim qualified immunity. … Qualified immunity protects government officials from damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Klopfer v. Illinois Department of Public Aid

46 Ill. Ct. Cl. 4 · Court of Claims of Illinois · Sep 29, 1993

The State of Illinois has sovereign immunity, and the legislature has seen fit to establish this tribunal as a method of allowing citizens to make claims against the sovereign despite the concept of immunity. … In addition, the legislature clearly established a statute of limitations for making claims by Public Aid providers.

Morales v. Herrera

2016 IL App (1st) 153540 · Appellate Court of Illinois · Feb 15, 2017

Furthermore, section 5(a) renders coemployees immune from a common law negligence action. Ramsey v. Morrison, 175 Ill. 2d 218, 224 (1997). … Even if the foregoing factors are established, however, the party’s conduct may reflect inadvertence, rather than an intent to deceive. Id.

Ricco v. Southwest Surgery Center, LLC

73 F. Supp. 3d 961 · District Court, N.D. Illinois · Nov 14, 2014

Thé notice obligation is satisfied where the employee provides information indicating that she likely has an “FMLA-qualifying condition.” Leonard, 481 F.Supp.2d at 936 . … Where an officer’s action was taken pursuant to a legitimate interest of the company, the officer has immunity. Id. To be tor- *974 tious, an officer’s actions must be done without justification and with malice. Id.

People v. Haney

95 Ill. App. 2d 1 · Appellate Court of Illinois · Apr 10, 1968

From all these titles, the qualifying words “intoxicating” or “alcoholic” are conspicuously absent, yet they cause no confusion as to their meaning. Ill Rev Stats (1965), c 43, § 94, et seq. … Clearly at issue, therefore, was the witnesses’ credibility, which is essentially a matter for determination by the trial court. This principle is so well established as to require no citation of authority.

Okic v. Fullerton Surgery Center, Ltd.

2019 IL App (1st) 181074 · Appellate Court of Illinois · Aug 26, 2019

Diniotis argued that a breach of the surgical standard of care could only be established through the testimony of a qualified medical expert. At argument, Mr. … It is also - 11 -  established that a plaintiff must generally present the testimony of a qualified expert to satisfy his burden of establishing the standard

Washington v. Andrews

District Court, N.D. Illinois · Mar 21, 2025

Defendant Andrews has moved for summary judgment, arguing that his conduct did not violate the Constitution and that, even if it did, he is entitled to qualified immunity. … Andrews is not entitled to qualified immunity on this basis.

Bootz v. Childs

627 F. Supp. 94 · District Court, N.D. Illinois · May 22, 1985

If probable cause does not exist, then plaintiff must show that under clearly established legal standards in effect at the time of the arrest, his arrest was unlawful. Moore v. … The Seventh Circuit in Moore adopted the objective standard for qualified immunity set out by the Supreme Court in Harlow v.

Mammina v. Homeland Insurance

291 Ill. App. 238 · Appellate Court of Illinois · Jun 30, 1937

The defendant calls our attention to the evidence which appears to establish the fact that the plaintiff’s truck collided with the train and subsequently caught fire and burned. … The defendant seeks to qualify the opinion of the court in Insurance Co. v.

Armstrong v. Guigler

174 Ill. 2d 281 · Illinois Supreme Court · Oct 18, 1996

The plaintiffs’ action is clearly one for breach of a written contract and, thus, is governed by the 10-year statute of limitations established in section 13 — 206 of the Code of Civil Procedure. … The complaint set forth factual allegations establishing the defendants’ breach.

Rios v. Jones

25 Ill. App. 3d 381 · Appellate Court of Illinois · Dec 27, 1974

Why then should the first examination referred to be qualified only by the requirement that it be prepared or approved by the Department, while the other examination following a certain course of study is qualified as one … Thus, the plaintiffs at present do not qualify for examination under section 5, subsection 1(b).