Case law

Redd v. Dougherty

578 F. Supp. 2d 1042 · District Court, N.D. Illinois · Sep 24, 2008

On remand, the Ninth Circuit held that the “freedom from coercive police investigation” is a “clearly established right,” but all of the supporting cases cited involved questioning of criminal defendants. … Instead, courts employ a three-part test to determine whether the issues raised in a case implicate sovereign immunity.

Evans v. Cook County State's Attorney

451 Ill. Dec. 353 · Illinois Supreme Court · Sep 2, 2021

Evans’ criminal history and the clearly deficient submissions that failed to address the issue of Mr. … The legislature clearly intended for felons to be able to obtain relief under section 10 of the FOID Card Act.

People v. Leach

980 N.E.2d 570 · Illinois Supreme Court · Nov 29, 2012

There is not a “category of witnesses, helpful to the prosecution, but somehow immune from confrontation.” … July 18, 2012) (rejecting Crawford claim in habeas petition on basis that Crawford did not clearly establish that autopsy results are testimonial in nature and that even under Melendez-Diaz, the answer to this

Harris v. Martinez

District Court, N.D. Illinois · May 17, 2023

Oneida Tribe of Indians of Wis., 836 F.3d 818, 822 (7th Cir. 2016) (“[T]his circuit has clearly held that the question of sovereign immunity is not a jurisdictional one.”). It is, instead, a defense to a lawsuit. … But the Court need not reach this argument (which is likely without merit)1 because Illinois has clearly waived its immunity for ADA claims.2 1 Plaintiff asserts a discrimination claim under Title I of the ADA and a retaliation

Rabin v. KARLIN AND FLEISHER, LLC

409 Ill. App. 3d 182 · Appellate Court of Illinois · Mar 18, 2011

As neither party alleges that Plaintiff filed a worker’s compensation claim, Plaintiff must establish that he objected to illegal activity on the part of the Defendants in order to be considered a whistle blower. … The phrase ‘clearly mandated public policy’ implies that the policy will be recognizable simply because it is clear.

Haywood v. Lucent Technologies, Inc.

169 F. Supp. 2d 890 · District Court, N.D. Illinois · Nov 1, 2001

Once a defendant has established a qualified privilege, a communication is actionable only if the plaintiff can show the defendant abused the privilege. Parker, 258 Ill.Dec. 304 , 756 N.E.2d 286, 296-97 . … Therefore, a reasonable jury could find that the substantial truth of this statement has not been established. Accordingly, the court evaluates this ■ statement, assuming it might be false, under qualified privilege.

Lauer v. Blustein

1 Ill. App. 3d 519 · Appellate Court of Illinois · Sep 14, 1971

The agreement in the instant case was unambiguous and was clearly not intended to be restricted to a guaranty executed by plaintiff on November 4, 1964. … of the plaintiff in his declaration or complaint to allege facts sufficient to make out a prima facie cause of action. * * * In order to show a breach of duty by the defendant, it must then be alleged that all conditions qualifying

Leen v. Carr

945 F. Supp. 1151 · District Court, N.D. Illinois · Nov 19, 1996

If an applicant is deemed “qualified,” his or her name is placed on an eligibility list. 3 (R. at 55-56). … Defendants’ Preferences Are Clearly Arbitrary.

People ex rel. Birkett v. City of Chicago

Appellate Court of Illinois · Oct 17, 1997

In other words, if a document would qualify for exemption under either act, then it must be privileged. … The court recognized that the Open Meetings Act and the Illinois Freedom of Information Act did not speak to the question as to whether deliberations of protected meetings where collective bargaining was discussed were immune

Wilczynski v. Goodman

73 Ill. App. 3d 51 · Appellate Court of Illinois · Jun 5, 1979

Further, unwarranted immunity would thereby be extended to the medical profession if damages ensuing from improper treatment were to be denied. Coleman v. Garrison. … The court found that the evidence was sufficient to establish an oral contract of warranty.

Jones

District Court, N.D. Illinois · Mar 6, 2026

Plaintiff appears to argue that IDOC can be held liable under Section 1983 because the state waived sovereign immunity as to Section 1983 by waiving sovereign immunity as to the ADA and the Rehabilitation Act. … “It is well established that refusing to make reasonable accommodations is tantamount to denying access.” McDaniel, 115 F.4th at 823 (cleaned up).

Swift & Co. v. Rutkowski

67 Ill. App. 209 · Appellate Court of Illinois · Nov 19, 1896

Before Swift & Co. can be charged with liability in that regard, two things must be established by the evidence : First. That Swift & Co. were guilty of negligence as charged in the declaration; and, Second. … stated—do not affect the ground of the principle, which is, that by the act of the appellant the court was put off its guard as to the particular feature in the similar instructions. “ Reasonable,” as the qualifying adjective

Ebbing v. Prentice

225 Ill. App. 3d 598 · Appellate Court of Illinois · Jan 31, 1992

particular action; (ii) practices or has practiced within the last 6 years or teaches or has taught within the last 6 years in the same area of health care or medicine that is at issue in the particular action; and (iii) is qualified … “[A] medical malpractice plaintiff should be afforded every reasonable opportunity to establish [her] case ***.” (Hansbrough v. Kosyak (1986), 141 Ill. App. 3d 538, 549 , 490 N.E.2d 181, 188 .)

Price v. Philip Morris, Inc.

Illinois Supreme Court · Dec 15, 2005

In the end, the order allowed the use of the words “ ‘low,’ ‘lower,’ or ‘reduced’ or like qualifying terms,” so long as the tar and nicotine content of the cigarette being advertised was clearly and conspicuously disclosed … While not condemning the use of agency adjudicative proceedings to establish agency policy, the court’s own quotations clearly evince a FTC preference for formal rulemaking. Slip op. at 58-59.

In re S.R.

2025 IL App (1st) 250218 · Appellate Court of Illinois · Nov 21, 2025

The record in this case establishes clearly and irrefutably that S.R. pled guilty to what would have been a Class 2 felony in connection with his possession of a machine gun. … Walls, 2022 IL 127965), and S.R. clearly admitted to a Class 2 felony in connection with possessing a machine gun in the prior case.

Rockford Police Benevolent & Protective Ass'n v. Morrissey

398 Ill. App. 3d 145 · Appellate Court of Illinois · Jan 22, 2010

Our supreme court has consistently stated that "the extension of an existing privilege or establishment of a new one is a matter best deferred to the legislature." Birkett, 184 Ill. 2d at 528. … Defendants assert that the award of over $14,000 in attorney fees is punitive and clearly excessive.

Kolacki v. Verink

384 Ill. App. 3d 674 · Appellate Court of Illinois · Aug 8, 2008

Defendants dispute plaintiff’s claim of dual capacity and assert that the record before this court clearly establishes that both defendants were working as employees or agents of Silvercrest at the time of the accident and … Laura’s deposition testimony clearly established that the horse in question was not being sold by Silver-crest or defendants at the time of plaintiffs injury.

Cunliffe v. Wright

51 F. Supp. 3d 721 · District Court, N.D. Illinois · Jun 20, 2014

In this case, Cunliffe’s allegations in the SAC clearly establish that her alleged speech was made pursuant to her duties as a public employee. … See Khan, 630 F.3d at 534 (holding plaintiff had not established the “plus” factor of the stigma plus claim).

St. Paul Fire & Marine Insurance Co. v. City of Waukegan

2017 IL App (2d) 160381 · Appellate Court of Illinois · Aug 4, 2017

Specifically, we said: “Applying the cause theory as set forth in Nicor to the present case clearly establishes that this case presented a single cause and therefore a single occurrence. … The issue in Steidl was whether the officers were entitled to qualified immunity for their conduct.

Katzing v. Wiegand

286 Ill. 646 · Illinois Supreme Court · Feb 20, 1919

name of her brother as a matter of convenience; that her brother died on April 4, 1915, leaving certain heirs, one of whom is the appellant, Carrie Wiegand; that the Dime Savings and Trust Company is the duly appointed and qualified … A resulting trust must usually be established by parol evidence. Such evidence must be clear, strong, unequivocal and unmistakable and must clearly establish the fact of the payment by the beneficiary. (Pomeroy’s Eq.