Case law

Bordelon v. Chicago School Reform Board of Trustees

8 F. Supp. 2d 779 · District Court, N.D. Illinois · Jun 3, 1998

To succeed in a Section 1983 action, Plaintiff must establish that the conduct complained of was earned out under color of state law and that this conduct deprived him of rights, privileges or immunities guaranteed by the … Plaintiff's employment contract clearly created a contractual right of employment for the term of the contract.

City of Chicago v. Air Auto Leasing Co.

297 Ill. App. 3d 873 · Appellate Court of Illinois · Jun 29, 1998

Regardless, an exception made for transfers in the ordinary course of business would be contrary to the purpose of the citation process since service of a citation to discover assets is clearly designed to ascertain and freeze … Thus, he cannot invoke the protection afforded to corporate officers by the qualified privilege.

People v. Echols

74 Ill. 2d 319 · Illinois Supreme Court · Dec 4, 1978

The Court: We will see — you will have to prepare an affidavit — and then we’ll see if you qualify. Appellant: Right.” (Emphasis added.) … Additional testimony later established that the fingerprint found on the piece of broken plexiglass matched that on People’s exhibit No. 11, a police fingerprint card bearing the name Kenneth Echols.

Davila

District Court, N.D. Illinois · Aug 17, 2026

“Qualified immunity protects public officials from liability for damages if their actions did not violate clearly established rights of which a reasonable person would have known.” Catlin v. … Nor is Guevara shielded by qualified immunity for this conduct.

In Re Marriage of Hillinger

146 Ill. App. 3d 549 · Appellate Court of Illinois · May 1, 1986

B Clearly, the question becomes one of determining when exactly the final order was entered in this case. … Clearly, Gwendolyn’s motion does not specify any of the first four forms of relief enumerated in the statute.

Calomino v. Board of Fire & Police Commissioners

273 Ill. App. 3d 494 · Appellate Court of Illinois · Jun 21, 1995

Plaintiff next contends that the evidence fails to establish that his actions on July 12, 1990, violated any departmental rules or otherwise constitute cause for discharge. … Although this reluctance does not rise to the level of absolute immunity, laches does not apply to the exercise of governmental powers except under compelling circumstances.

Department of Health Care and Family Services v. Cortez

367 Ill. Dec. 374 · Appellate Court of Illinois · Dec 7, 2012

However, unless a dismissal for lack of jurisdiction is otherwise qualified, it is without prejudice (Sherrod v. Ramaswamy, 314 Ill. … Clearly, the trial court’s order regarding custody in this case was not a “custody judgment” under Rule 304(b)(6).

Balestra v. ATBCOIN LLC

380 F. Supp. 3d 340 · District Court, S.D. Illinois · Mar 31, 2019

Sept. 11, 2018) ("Whether a transaction or instrument *353 qualifies as an investment contract is a highly fact-specific inquiry."). … The opposite is true here: without the promised ATB Blockchain, there was essentially no "market" for ATB Coins, which clearly distinguishes the coins from the precious metals to which Defendants attempt to analogize them

Miller v. Craig

16 Ill. App. 133 · Appellate Court of Illinois · Feb 5, 1885

its face did not establish, the payment of the note prima faoie. … Besides, if it were clearly established that the claim was barred at the time the $900 and $1,700 items were paid by W. E.

Cook v. Gould

109 Ill. App. 3d 311 · Appellate Court of Illinois · Sep 23, 1982

The presentation of evidence on those issues would clearly be prejudicial and impugn the defendant’s character. The granting of a motion in limine is a matter within the discretion of the trial court. … Under the Local Governmental and Governmental Employees Tort Immunity Act (Ill. Rev. Stat. 1979, ch. 85, par. 3 — 102), the city of Joliet has a duty to maintain its streets in a reasonably safe condition.

O'CONNELL BY NELSON v. City of Chicago

285 Ill. App. 3d 459 · Appellate Court of Illinois · Nov 27, 1996

Act (Tort Immunity Act) (745 ILCS 10/3 — 102(a) (West 1992)). … Second, we must establish the standard to be used when we examine the trial court’s ruling.

American Family Mutual Insurance Company v. Tyler

68 N.E.3d 442 · Appellate Court of Illinois · Nov 22, 2016

The elements of a bailment claim are (1) an express or implied agreement to establish a bailment, (2) delivery of the property in good condition, (3) the bailee’s acceptance of the property, and (4) the bailee’s failure … ¶ 17 In Village of Bloomingdale, our supreme court addressed whether a quasi-contract claim qualifies as a claim asserting a public entity’s liability “based on contract” and thus is excepted from the immunity granted

Schwebel v. Crandall

343 F. Supp. 3d 322 · District Court, S.D. Illinois · Sep 7, 2018

Plaintiff's efforts suffice to establish the CSPA's "sought to acquire" condition. 2. … The statute does not establish an order of priority, nor does it bridge Defendants' leap in concluding that "the applicable petition" described in 8 U.S.C. § 1153 (h) establishes the earliest possible moment whereby Plaintiff

Morris v. Lashbrook

District Court, S.D. Illinois · Sep 25, 2019

whether that right was clearly established at the time. … Moreover, these rights were clearly established at the time of Morris’s alleged injury.

Ultsch v. Illinois Municipal Retirement Fund

226 Ill. 2d 169 · Illinois Supreme Court · Aug 2, 2007

The plain language of sections 3 — 103(2) and 3 — 107(a), considered together, clearly refutes the erroneous reasoning of the Smida court. … Because the plaintiff failed to name the Board of Trustees as a defendant, her action clearly was subject to dismissal pursuant to section 3 — 107(a).

Morrison v. Chicago Board of Education

188 Ill. App. 3d 588 · Appellate Court of Illinois · Sep 12, 1989

full year school basis and he was five years of age on September 4, 1988; (b) his statutory right to an equal education entitles him to enrollment; or (c) reading the statute and rules literally, his birth date actually qualified … clearly and unambiguously enacted.

Georgouses v. NaTec Resources, Inc.

963 F. Supp. 728 · District Court, N.D. Illinois · May 20, 1997

Clearly, the majority of the relevant documentary evidence will be located in Houston, the majority of potential witnesses are in or around Houston, and two of the three individual defendants are residents of Texas. … It is clearly settled, however, that when transferring the action under Section 1404(a), the transferor court is not first required to establish personal jurisdiction. See The Coats Company, Inc. v.

Amos v. American Trust & Savings Bank

221 Ill. 100 · Illinois Supreme Court · Apr 17, 1906

We think the evidence clearly establishes that John E. Amos, Jr., and Rosalie G. Amos had notice of the mental incapacity of Joseph J. Miller at the time he executed said note and trust deed. … Miller when he left the State Bank of Chicago, and the record does not establish that the taxes and insurance for which John E.

Ferrari

District Court, S.D. Illinois · Jun 2, 2026

.1 Separately, the Madison County Defendants move to dismiss all counts against them on grounds of quasi-judicial immunity, qualified immunity, and failure to state a claim. … Under thesestandards, Judge Smith’s October 11, 2025 administrative order was clearly a judicial act.

Schmidt v. Niedert

45 Ill. App. 3d 9 · Appellate Court of Illinois · Dec 30, 1976

A writing qualifies as “other evidence of indebtedness in writing” under section 16 only when one need not resort to parol evidence to establish the vital elements of the agreement. … This principle was delineated clearly in the recent case of Estate of Garrett v. Garrett (1975), 24 Ill.