Case law

Willaby v. Bendersky

383 Ill. App. 3d 853 · Appellate Court of Illinois · Jun 25, 2008

Nurse Culver defined the standard of care as “what a reasonably qualified registered nurse would do in the same or similar situation.” … Westlake does not argue Nurse Cloud was not qualified or competent to state her opinion.

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.

In re A.R.

2023 IL App (1st) 220700 · Appellate Court of Illinois · Jan 26, 2023

Ferber was qualified as an expert in the field of clinical social work. … ¶ 31 Neurologist Mary Koenig was next qualified as an expert in pediatric neurology.

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

La Salle National Bank v. Triumvera Homeowners Ass'n

109 Ill. App. 3d 654 · Appellate Court of Illinois · Sep 30, 1982

These factors must be established by a preponderance of the evidence. (Baal v. McDonald’s Corp. (1981), 97 Ill. App. 3d 495 , 422 N.E.2d 1166 .) … Section 2.07(b) is qualified by section 2.07(a) of the Building Declaration which speaks specifically of “sales offices.” An instrument must be read and considered as a whole. (Leavitt v. Kostel (1961), 32 Ill.

Harris v. Cropmate Company

302 Ill. App. 3d 364 · Appellate Court of Illinois · Jan 26, 1999

Conceivably, even if he had never seen a bumblebee, he still would be qualified to testify, as long as he was familiar with its component parts. … accepted by agricultural extension specialists, farmers, and other persons otherwise qualified to diagnose plant injuries.

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.”

Armstrong v. Chicago Park District

117 F.R.D. 623 · District Court, N.D. Illinois · Nov 13, 1987

Clearly the number of female employees affected by those policies and practices is too numerous to join. Third, data showing a sexually-skewed pattern of promotions is not needed to establish numerosity. … women to promote less qualified males.

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.)

Zurbriggen v. Twin Hill Acquisition Co.

338 F. Supp. 3d 875 · District Court, E.D. Illinois · Sep 4, 2018

Berkel , 543 S.W.3d at 301 ; see also Helf , 2009 UT 11 , 203 P.3d at 974 ("For a workplace injury to qualify as an intentional injury under the Act, the employer ... must know or except that the assigned task will injure … Iowa 2005), but the contours of its exception are not clearly defined.

People v. Dawson

32 Ill. App. 3d 594 · Appellate Court of Illinois · Oct 7, 1975

The trial court after a hearing and after consideration of newspaper articles, radio commentaries, and the content of a nationally syndicated magazine determined that the evidence did not establish reasonable ground for fear … offense and the jury by its verdicts clearly rejected his testimony.

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.

Spencer v. McMasters

16 Ill. 405 · Illinois Supreme Court · Jun 15, 1855

It assumes that, to falsely utter and publish of and concerning a woman, words which clearly and unequivocally impute to her adultery, is not actionable per se. … It is enough that they were married at the time of bringing the suit, and the evidence establishes that fact. 1 Chitty’s Pl. 83. The motion for a new trial was properly overruled.

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.

Settlement Funding, LLC v. Brenston

2013 IL App (4th) 120869 · Appellate Court of Illinois · Oct 1, 2013

The Uniform Qualified Assignments and Annuity Contracts ¶ 10 The University Board executed two uniform qualified assignment release and pledge agreements within the meaning of and subject to the conditions in … Hartford- Empire Co., 322 U.S. 238 (1944) (a rule of equity, firmly established in English practice, effectively states that under certain circumstances, including an after-discovered fraud, relief will