Case law

Conlon v. Sebelius

923 F. Supp. 2d 1126 · District Court, N.D. Illinois · Feb 8, 2013

Plaintiffs Diocese of Joliet and Diocese of Springfield state they do not know if they will qualify as a “religious employer” under the federal regulations. (Am. Compl. ¶ 6.) … Here, the Government has clearly indicated that the present regulations will be amended.

Allen v. State Farm Mutual Automobile Insurance

214 Ill. App. 3d 729 · Appellate Court of Illinois · May 15, 1991

An Indiana statute immunizes a driver from negligence liability for the death of the driver’s parent passenger. (Ind. Code Ann. §9—3—3—1(b) (Burns 1987).) … In addition, there is no conflict between Indiana’s immunization of the son from liability to the father and Illinois’ requirement of coverage for injury to the father’s family.

Allen v. City of Chicago

828 F. Supp. 543 · District Court, N.D. Illinois · Jul 2, 1993

Based on this information, plaintiffs claim that at least 1,800 employees qualify as class members. … Plaintiffs do not, and clearly cannot, make such allegations.

Griffin v. Poynter

District Court, C.D. Illinois · Sep 30, 2021

’s clearly established constitutional rights. … “Qualified immunity shields a government official from liability for damages when the official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

Lawrence E. Jaffe Pension Plan v. Household International, Inc.

237 F.R.D. 176 · District Court, N.D. Illinois · Jul 6, 2006

Plaintiffs are correct that documents created in the ordinary course of business do not qualify for protection. … immunity.

Wolfgram v. Miller

District Court, N.D. Illinois · Sep 30, 2023

Plaintiffs’ claims are not clearly barred by the Illinois Tort Immunity Act or the Illinois School Code. … Additionally, Plaintiffs’ claims are not clearly barred by the Illinois Tort Immunity Act or the Illinois School Code.

Perdomo v. Browner

862 F. Supp. 226 · District Court, N.D. Illinois · Aug 26, 1994

Burdine, 450 U.S. 248 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981) (employer may pass over one applicant in favor of others who are not clearly superior without discriminating). … To establish a prima facie case of discrimination, a plaintiff must show (1) that she was a member of a protected class; (2) that she was qualified for the position; (3) that she was not selected despite her qualifications

In re Illinois Bell Switching Station Litigation

234 Ill. App. 3d 457 · Appellate Court of Illinois · Jun 30, 1992

It is never proper for a court to depart from plain language by reading into a statute exceptions, limitations or conditions which conflict with the clearly expressed legislative intent. [Citations.]” (Emphasis added.) … At the very least, Bell ought not to be heard to complain about the difficulties of plaintiffs’ proof, for it is their burden, and not Bell’s, to establish the existence and extent of their damages.

Mayorov v. United States

84 F. Supp. 3d 678 · District Court, N.D. Illinois · Mar 23, 2015

The sentencing judge recommended, however, that Mayo-rov participate in Illinois’ “impact incarceration program,” a program that sends qualified individuals to boot camp for 120 days in lieu of prison confinement. … Miller clearly believed that an immigration officer would “take this memorandum under consideration prior to issuing an immigration detainer” if available information suggested that the person to be detained was a United

Van Daele v. Vinci

294 F. Supp. 71 · District Court, N.D. Illinois · Dec 23, 1968

The plaintiff alleges that the conduct of the defendants described in the previous two counts deprived him of his rights, privileges and immunities secured by the Constitution and laws of the United States. … Count Three, therefore, also fails to establish a basis for this court’s jurisdiction.

People v. Continental Beneficial Ass'n

204 Ill. App. 501 · Appellate Court of Illinois · Mar 28, 1917

the only mention of a receiver is made in a proviso to the section; that under an elementary rule of construction, the function of a proviso is not to enlarge the authority granted in the body of the section, but is to qualify … And, the jurisdiction once established to enjoin private wrong, in each case, at the suit of the person wronged, it is almost a logical necessity to admit the other branch of the jurisdiction, to.enjoin, at the suit of the

Grobman v. City of Des Plaines

14 Ill. App. 3d 996 · Appellate Court of Illinois · Oct 10, 1973

The zoning ordinance of the City of Des Plaines requires a lot zoned R-2, Single Family Residence, to have a frontage of 55 feet and an area of 6875 square feet to qualify for a building permit. … will interfere with the discretion of the legislative body, such a party attempting to challenge a zoning code must necessarily overcome the presumption of validity by presenting evidence to show such classification is clearly

Shidaker v. Bolger

593 F. Supp. 823 · District Court, N.D. Illinois · Aug 23, 1984

Thus ... plaintiff must foreclose this possible explanation for a hiring decision before a prima facie case is established. … The Screening Board established that no candidate with less than 20 points would be recommended.

Minelli v. Frank B. Hall & Co. of Missouri, Inc.

898 F. Supp. 615 · District Court, N.D. Illinois · Aug 30, 1995

It is the relationship between the parties that establishes this duty. Id. Mere possession of a vessel does not establish such a relationship. An example helps demonstrate the point. … In addition, who qualifies as a master is an issue of admiralty law, not an ambiguity in the contract.

Morris Ex Rel. Morris v. Williams

359 Ill. App. 3d 383 · Appellate Court of Illinois · Aug 23, 2005

That ATV use was foreseeable does not establish willful and wanton conduct on Wilson’s part. … The soybeans standing in and around the hole were clearly visible because the remainder of the field was harvested.

Givens v. City of Chicago

2023 IL 127837 · Illinois Supreme Court · Oct 19, 2023

These included various provisions of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101 et seq. (West 2012)), as well as self-defense and collateral estoppel. … The evidence, arguments, and instructions before the jury clearly set out what special interrogatory No. 2 was testing.

National People's Action v. City of Blue Island

594 F. Supp. 72 · District Court, N.D. Illinois · Apr 11, 1984

Prior authorities ... clearly establish that charitable appeals for funds, on the street or door to door, involve a variety of speech interests — communication of information, the dissemination and propagation of views and … The Arnett Court was clearly influenced by the ability of these aids to alleviate any misunderstandings of the statutory language.

Kellerman v. MCI Telecommunications Corp.

134 Ill. App. 3d 71 · Appellate Court of Illinois · Jun 3, 1985

Case law has clearly established that a denial of a motion to stay is appealable as of right under Supreme Court Rule 307(a)(1). (Metropolitan Sanitary District v. United States Steel Corp. (1975), 30 Ill. … Since the trial court clearly had jurisdiction to hear these cases, an alternative ground for reversal must be found if the trial court’s ruling on the motion to stay is to be overturned.

D. I. Felsenthal Co. v. Northern Assurance Co.

284 Ill. 343 · Illinois Supreme Court · Jun 20, 1918

Rideal was treasurer of the insured corporation, the two owning all of the stock except a sufficient amount to qualify a book-keeper as secretary. … Fox and were only held in the name of Silver for Fox’s use and benefit and to qualify Silver to hold an office in the corporation.

Dobias v. Oak Park

2016 IL App (1st) 152205 · Appellate Court of Illinois · Jun 24, 2016

¶ 109 The complaint sufficiently alleges an abuse of any qualified privilege that may have existed. … But defendants did not raise, brief, or argue the affirmative defense of immunity under the Tort Immunity Act in the trial court. The trial court, therefore, did not enter any order on this issue or even address it.