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284 Ill. Dec. 734 · Appellate Court of Illinois · May 14, 2004
Defense counsel then tendered a copy of the report to the court, commenting that the report found the defendant “fit and not qualified for an insanity defense.” … The trial judge noted that it had not been established by the evidence that one could pay for merchandise other than cigarettes or money orders beyond the checkout lanes.
Cited 0 timesPublished165 Ill. App. 3d 367 · Appellate Court of Illinois · Jan 27, 1988
A physician licensed to practice in Illinois has been declared by the Illinois legislature to be qualified to practice medicine in all of its branches. … To put it another way, a licensed, physician in Illinois is a legally qualified practitioner in every so-called medical specialty.
Cited 34 timesPublishedGauthier 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.
Cited 1 timesUnpublishedSwank v. Department of Revenue
Appellate Court of Illinois · Feb 13, 2003
Section 15--35 provides that property "used with a view to profit" does not qualify for the exemption. … Plaintiffs cite the burial purposes exemption for the proposition that the legislature has established property tax exemptions favoring for-profit enterprises.
Cited 0 timesPublishedCounty of Du Page v. Illinois Labor Relations Board, State Panel
334 Ill. Dec. 151 · Appellate Court of Illinois · Sep 16, 2009
Thus, our inquiry in FOP was clearly directed at whether the actual activities carried out each day by the bailiffs qualified as “police duties” under the Act. … (Ill.) par. 2024, was clearly erroneous.
Cited 1 timesPublishedSmithkline Beecham Corp. v. Apotex Corp.
194 F.R.D. 624 · District Court, N.D. Illinois · Jun 27, 2000
Plaintiffs now submit that portions of the order were clearly erroneous or contrary to law. … In the case of these documents, the court noted that “no other privilege has been established or is claimed.” (Memorandum Order, at 23).
Cited 1 timesPublishedAppellate Court of Illinois · Nov 12, 1998
He found that Harton had established a prima facie case of discrimination, in response to which the City had articulated a legitimate, nondiscriminatory reason for its actions, namely that a more qualified candidate was selected … purpose of establishing damages.
Cited 0 timesPublished2017 IL App (1st) 152541 · Appellate Court of Illinois · May 18, 2017
A privilege may be absolute or qualified in nature, and there are crucial distinctions between the two. … In Thomas, where the court addressed the judicial deliberation privilege, the court explained the distinctions between absolute and qualified privileges.
Cited 6 timesPublishedDistrict Court, N.D. Illinois · Mar 15, 2024
“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 … Because fabrication of evidence violates “clearly established constitutional rights,” qualified immunity does not apply. See, e.g., Dominguez v.
Cited 0 timesUnknownPaszkowski v. METRO. WATER RECLAMATION
213 Ill. 2d 1 · Illinois Supreme Court · Nov 18, 2004
Act (Tort Immunity Act) (745 ILCS 10/8-101 (West 1998)). … This term clearly includes defendant.
Cited 0 timesPublished119 Ill. App. 265 · Appellate Court of Illinois · Mar 17, 1905
The case is made by the plaintiff by proving publication of the defamatory words and from this malice will be implied and a cause of action established: But in this -ease no such implication arises, and malice, the gist of … The second and fifth appellee’s given instructions are clearly erroneous and fatally prejudicial to the judgment even if the record were otherwise free from error.
Cited 6 timesPublished251 Ill. App. 3d 675 · Appellate Court of Illinois · Nov 5, 1993
App. 3d 637, 643 (right to file personal injury lawsuit was a purely personal right not involving clearly mandated public policy).) … It is possible that under qualifying circumstances a recovering alcoholic or substance abuser may conceivably have a statutory cause of action based on disability or handicap under State (see, e.g., Habinka v.
Cited 1 timesPublishedDistrict Court, N.D. Illinois · Sep 26, 2022
Alternatively, Carey submits he should be awarded summary judgment because he is protected by qualified immunity. … Qualified immunity protects public officials from being monetarily liable unless the evidence shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at
Cited 0 timesUnknownWelsh v. Boy Scouts of America
787 F. Supp. 1511 · District Court, N.D. Illinois · Mar 13, 1992
These are the establishments covered by title II.”); id. at 6534 (“I should like to emphasize that the establishments covered are very clearly described in section 201(b).”); id. at 6356; 110 Cong.Rec. 6557 (March 30, 1964 … In order to qualify as a “place of public accommodation” within the scope of Title II, an establishment must have a substantial connection to a concrete facility or location. 4.
Cited 6 timesPublished60 Ill. 2d 37 · Illinois Supreme Court · Jan 30, 1975
David Barksdale was called by the State, but after he refused to testify he was granted immunity and made a court’s witness. … Rather it clearly appears that Barksdale drove to the Ellis Avenue location in a car known to defendants and others, stopped and then raced the motor.
Cited 51 timesPublished379 Ill. 71 · Illinois Supreme Court · Jan 22, 1942
Plaintiff in error insists that the trial court should not have accepted the qualified plea of guilty. … The validity of the 199-year sentence has been established by this court in a series of cases, more particularly People v. Rucker, 364 Ill. 371 , and People v. Pace, 362 id. 224.
Cited 8 timesPublished353 Ill. Dec. 517 · Illinois Supreme Court · Aug 4, 2011
That procedure required a two-step sequence for resolving government officials' qualified immunity claims. … Saucier required that the analysis of a qualified immunity issue be undertaken in that specified sequence.
Cited 30 timesPublished415 B.R. 663 · District Court, N.D. Illinois · Sep 16, 2009
A district court reviews bankruptcy decisions under Rule 8013 of the Federal Rules of Bankruptcy Procedure; questions of fact are reviewed under a clearly erroneous standard, while questions of law and mixed questions of … The question on appeal turns on a strictly legal issue: whether a child representative in Illinois state court proceedings qualifies for the domestic support exception to discharge under the Bankruptcy Act.
Cited 17 timesPublished104 Ill. 54 · Illinois Supreme Court · Jun 21, 1882
subscriptions were to be abandoned, there is no pretense or claim that any such condition was annexed to the subscriptions themselves, and it is clear the legal effect of those subscriptions, as to third parties, could not be qualified … and beyond all reasonable doubt establishes the contrary.
Cited 9 timesPublishedLieb v. Judges' Retirement System
314 Ill. App. 3d 87 · Appellate Court of Illinois · May 17, 2000
Principles of statutory construction allow an interpretation that qualifies the existing statutory language. … regarding the meaning of the term “military service,” and defendants’ reference to a dictionary meaning of the term, to which plaintiff objects, was offered to refute plaintiffs contention that the term “military service” clearly
Cited 44 timesPublished
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