Case law

Angel-Tapia v. Westlake

District Court, C.D. Illinois · Sep 30, 2025

Defendants’ removal of G.L. from his parents’ custody thus qualifies as a seizure. See Brokaw v. Mercer County, 235 F.3d 1000, 1010 (7th Cir. 2000). … The plaintiffs argued that even though the social worker’s actions occurred in connection with judicial proceedings, the actions were so clearly unlawful that absolute immunity should not apply. Id.

Kavanaugh v. Sperry Univac

511 F. Supp. 705 · District Court, N.D. Illinois · Apr 15, 1981

Count II clearly is barred by the doctrine of res judicata. … The 1975 action conclusively established only that plaintiff was not denied reemployment because of discrimination. It was not ascertained whether or not he was qualified for the position for which he applied.

People v. Smith

63 Ill. App. 2d 369 · Appellate Court of Illinois · Nov 5, 1965

If A’s testimony is offered for the purpose of establishing that B said this, it is clearly admissible—if offered to prove that event X occurred, it is clearly inadmissible, for the only probative value rests in B’s knowledge—and … The admission of the defendant of the prior inconsistent statement was not sufficiently qualified to permit- or require rebuttal.

People Ex Rel. Latimer v. Board of Education of Chicago

341 Ill. App. 554 · Appellate Court of Illinois · Nov 17, 1950

The right of the board to make these changes is clearly established in People ex rel. Laist v. … certifying the relator as city architect but before his appointment as such by the commissioner of the department of public works, revoked the certificate because it appeared that relator was not a licensed architect and qualified

Geekie v. Owen (In Re Owen)

74 B.R. 697 · United States Bankruptcy Court, C.D. Illinois · Jun 18, 1987

The statute clearly establishes that homestead is an estate, and that the individual entitled to the estate must either own the property to which the estate attaches, or rightly possess the property by lease or otherwise. … For the foregoing reasons, the Court concludes that the number of exemptions available is to be determined by the number of individuals in title who qualify for the homestead estate.

Davis v. International Harvester Co.

167 Ill. App. 3d 814 · Appellate Court of Illinois · Apr 13, 1988

While we are free to consider Harvester’s arguments as grounds for affirming the trial court’s judgment, Harvester clearly lacks standing to appeal. (Boles Trucking, 138 Ill. App. 3d at 772 .) … With respect to Darnell, plaintiff’s allegations do not establish that she lied.

Formento v. Joyce

168 Ill. App. 3d 429 · Appellate Court of Illinois · Apr 15, 1988

This undisputed evidence clearly establishes, as a matter of law, that there was no attorney-client relationship between the plaintiffs in this case and the various defendants. … A class action is not, however, a mandatory course of action in every case that might otherwise qualify as a class action.

Palier v. Dreis & Krump Manufacturing Co.

81 Ill. App. 2d 1 · Appellate Court of Illinois · Feb 27, 1967

Essentially, this theory of indemnity has found its way into Illinois law because of this State’s long established refusal to allow contribution among tortfeasors who acted in pari delicto. … New City further maintains that its indemnity action is separate and apart from the Scaffold Act and the immunities granted employees thereunder.

People v. J.T. Einoder, Inc.

2013 IL App (1st) 113498 · Appellate Court of Illinois · Jan 30, 2014

Manifest error is that which is clearly evident, plain, and indisputable. People v. Morgan, 212 Ill. 2d 148, 155 (2004). … The amendment to the Tort Immunity Act also validated levies adopted “either before, on or after the effective date of [the Act].” (Internal quotation marks omitted.)

Doe v. Township High School District 211

2015 IL App (1st) 140857 · Appellate Court of Illinois · Jul 21, 2015

the [Local Governmental and Governmental Employees Tort Immunity] Act” (745 ILCS 10/1-101 et seq. … as a communication to an attorney or that Cates qualified as part of the control group.

Sharif v. Mackoff

District Court, N.D. Illinois · Sep 24, 2021

Judicial immunity offers complete immunity from suit, not just a defense to liability. Dawson v. Newman, 419 F.3d 656, 660 (7th Cir. 2005). … “When a judge does something that qualifies as a judicial act (that is, the act is carried out in a judicial capacity and jurisdiction is not clearly absent), then absolute immunity applies—even if the conduct was baseless

Taylor v. Evangelical Covenant Church

461 Ill. Dec. 151 · Appellate Court of Illinois · Jan 12, 2022

Dismissal is only appropriate if it is “clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery.” Rehfield v. … ¶ 24 This opinion does not give any support or credence to the position that church investigative bodies are immune from the mandatory reporting statutes or that their procedures and findings are exempt from disclosure

People v. Dismuke

2017 IL App (2d) 141203 · Appellate Court of Illinois · Aug 7, 2017

The prosecutors gave Derrick Smith a proffer of immunity and agreed to write a letter recommending that he receive work release or home monitoring. … A trial court has discretion whether to grant a motion in limine, and we will not reverse its ruling unless the court clearly abused its discretion. People v. Hogan, 388 Ill.

Commissioners of Hartwell Drainage & Levee District v. Mickelberry

257 Ill. 509 · Illinois Supreme Court · Feb 20, 1913

One of the purposes of a proviso in a statute is to qualify or restrict general language found in the enacting clause. … It was. not organized originally for the purpose of establishing a pumping station as part of its general scheme of drainage, neither has it heretofore established or maintained a pumping station of any kind or character.

Saia v. Scripto-Tokai Corp.

366 Ill. App. 3d 419 · Appellate Court of Illinois · May 26, 2006

ANALYSIS Tokai argues first that we should ignore all discovery and affirm because the complaint does not state sufficient facts to establish a prima facie case for personal jurisdiction. … . *** Any inconvenience to defendant in defending this lawsuit is clearly outweighed by Kansas’ interest in protecting its citizens from injury.

Cornish v. Papis

962 F. Supp. 1103 · District Court, C.D. Illinois · Apr 30, 1997

LEGAL STANDARD Federal Rule of Civil Procedure 50(a)(1) clearly establishes the standard by which a district court should decide a motion for judgment as a matter of law: If during a trial by jury a party has been fully heard … Clearly, under these facts and circumstances, a prudent man would have probable cause to believe that Anthony Cornish had committed the offense.

Perez v. Radioshack Corp.

552 F. Supp. 2d 731 · District Court, N.D. Illinois · Nov 1, 2005

At the time of the court’s earlier opinion, federal regulations established two tests for determining whether an employee qualifies for the exemption, commonly referred to as the “long test” and the “short test.” 29 C.F.R … If 76 percent of the time is not enough supervision to qualify for the exemption, but 98 percent clearly is, Plaintiffs argue that the court should effectively split the difference, and hold that the Y store managers must

Bridgeman v. Terminal RR Ass'n

195 Ill. App. 3d 966 · Appellate Court of Illinois · Mar 16, 1990

Negligence, according to TRRA, is not established simply by proving an employee died at work. … TRRA was able to present everything it wanted to the jury except a conclusion which the witnesses were not qualified to give.

Harmon v. City of Chicago

110 Ill. 400 · Illinois Supreme Court · Jun 13, 1884

S. 678 , where it is said the general doctrine now firmly established is, “the commercial power of Congress is exclusive of State authority only where the subjects upon which it is exercised are national in their character … fact, is clearly not one.

Brown v. County of Cook

549 F. Supp. 2d 1026 · District Court, N.D. Illinois · Apr 9, 2008

Rule 23(b)(1) is clearly inapplicable to this claim. … But that is clearly not the case— once again, such unsupported conclusions need not be credited (Briscoe, 663 F.2d at 723 ).