Case law

Razavi v. School of the Art Institute of Chicago

428 Ill. Dec. 352 · Appellate Court of Illinois · Nov 20, 2018

Where only a qualified privilege is granted, the person making the statment is immune from liability unless some element, such as malice, is present. Mauvais-Jarvis, 2013 IL App (1st) 120070, ¶ 72. … App. 3d 630, 635 (1986) (“The law thus clearly allows for an absolute privilege where there exists a significant interest in protecting the type of speech involved.”).

Jackson v. Graham

323 Ill. App. 3d 766 · Appellate Court of Illinois · Jul 13, 2001

Under that circumstance, the appropriate standard of review clearly would be de nova. See Ferguson v. McKenzie, 202 Ill. 2d 304, 308 (2001); Jones v. … In order to achieve this recognition, it had to be nationally qualified, have facilities approved by a national review group, and have nationally qualified personnel.

Chicago Teachers Union v. Illinois Educational Labor Relations Board

Appellate Court of Illinois · Oct 24, 2002

rule of law as applied to the established facts is or is not violated.'" … Instead, the grievance alleged, the Board of Education assigned Greenburg to teach second grade and assigned a less senior and less qualified teacher to the pre-kindergarten class.

Hoskins v. Eovaldi

District Court, S.D. Illinois · Oct 22, 2020

immunity so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Defendants make only a general qualified immunity argument, asserting that: (1) Defendants did not violate Plaintiff’s rights; and (2) they are entitled to qualified immunity. The Court disagrees.

People v. Sequoia Books, Inc.

165 Ill. App. 3d 143 · Appellate Court of Illinois · Jan 19, 1988

The court later noted the following: “The fact that the liberty of the press may be abused by miscreant purveyors of scandal does not make any the less necessary the immunity of the press from previous restraint in dealing … As such, it is clearly distinguishable. For the foregoing reasons, we hold that the Code (Ill. Rev.

Fletcher v. OneWest Bank, FSB

798 F. Supp. 2d 925 · District Court, N.D. Illinois · Jun 30, 2011

To survive a Rule 12(b)(1) motion to dismiss, a plaintiff must “clearly allege facts that invoke federal court jurisdiction.” Id. … The court noted that HOLA explicitly preempts state laws regulating “the savings and loan industry in the sense of fixing fees (including penalties), setting licensing requirements, prescribing certain terms in mortgages, establishing

Lawler v. Peoria School District No. 150

119 F. Supp. 3d 928 · District Court, C.D. Illinois · Aug 10, 2015

To establish a claim under the ADA for failure to accommodate, Lawler must show “(1) she is a ‘qualified individual with a disability’; (2) the defendant was aware of her disability; and (3) the defendant failed tó reasonably … To establish that she is a “qualified individual with a disability," Lawler must establish not only that ’ she has a disability within the meaning of the ADA, but also that she is able “to perform the essential functions

In re Marriage of Morreale

Appellate Court of Illinois · Jul 16, 2004

In such event, any balance due and owing will be paid into a trust to be established by MARY ELLEN for the benefit of the parties' children. … Mary Ellen argues that the agreement clearly shows that the payments are a property settlement and, therefore, are not income for tax purposes.

People v. Hoffmann

140 Ill. App. 3d 1056 · Appellate Court of Illinois · Feb 5, 1986

The plain language of section 5 — 2—4(f) in no way limits the type of witness qualified to testify at a discharge hearing. … Tuteur, as well as the majority of the evidence, clearly and convincingly support the court’s denial of defendant’s petition for discharge and conditional release.

Adams v. Hoshauer

29 Ill. App. 2d 2 · Appellate Court of Illinois · Feb 21, 1961

The instrument falls short in every instance to qualify as a trust. The delivery of the instrument to the plaintiffs is of no help. … E. 433 , is clearly distinguishable from a factual standpoint.

People v. Davis

208 Ill. App. 3d 33 · Appellate Court of Illinois · Feb 1, 1991

The People qualified the witness as an expert, and we see no error in recognizing this witness as an expert. In Wilson v. … In the case at bar, however, the witness was qualified to discuss the broad subject of sexual abuse. This is clearly not as scientifically clear or as specific as the test the Bryant witness was qualified to discuss.

People v. Lattimore

353 Ill. Dec. 433 · Appellate Court of Illinois · Sep 2, 2011

James Lee Qualifies as a "Merchant" ¶ 86 Defendant argues that the State failed to prove beyond a reasonable doubt that James Lee qualifies a "merchant" under section 16A-2.4. … For the reasons discussed below, we find that the evidence in the trial record was sufficient to establish that Lee was an "independent contractor" of the Family Dollar Store and therefore qualifies as a "merchant" under

Taylor v. Police Board of the City of Chicago

2011 IL App (1st) 101156 · Appellate Court of Illinois · Nov 4, 2011

The court noted that such findings are entitled to “extreme deference” and are not subject to reversal unless “clearly erroneous.” … the Board’s ruling that Taylor committed perjury, which it issued without disclosing its reasoning, was clearly erroneous.

Hooker v. Illinois State Board of Elections

2016 IL 121077 · Illinois Supreme Court · Dec 1, 2016

Redistricting is clearly such an issue. Those elected have an incentive to draw maps that will help them remain in office. … The standards guiding our consideration of these arguments are well established.

Bradley v. Dennison

District Court, S.D. Illinois · Mar 31, 2021

Whether All Defendants are Entitled to Qualified Immunity Government officials performing discretionary functions are shielded from liability for civil damages if their conduct does not violate clearly … clearly established at the time of the violation.

City of Geneso v. Pyrotem Properties, LLC

2022 IL App (4th) 220206-U · Appellate Court of Illinois · Nov 16, 2022

Defendants stated the deposition testimony of Mills and the City Administrator JoAnn Hollenkamp established the city council, not Mills, made the decision to demolish the Property. … We are mindful “[i]t is improper for a court to read exceptions, limitations, or conditions into the statute that conflict with clearly expressed legislative intent.” McIlvaine v. City of St.

Trexler v. City of Belvidere

District Court, N.D. Illinois · Feb 10, 2021

However, when qualified immunity defenses are raised, it is possible that a jury could credit those defenses without foreclosing a plaintiff’s Monell claims. See Scott v. … Mar. 30, 2018). 3 Courts in this district commonly deny bifurcation of Monell claims, at least in part, because the defendant officers asserted the defense of qualified immunity.

Hanna v. AMERICAN NAT'L BK. & TRUST CO.

176 Ill. App. 3d 938 · Appellate Court of Illinois · Nov 28, 1988

No business establishments front on Deming Place and the street maintains an open and airy quality. … Further, it is clearly possible that the agreement was not intended, as defendants argue, to constitute an abandonment of the setback line where it had been abolished by a court decree, but rather the intention was that the

Preston Utilities Corp. v. Illinois Commerce Commission

39 Ill. 2d 457 · Illinois Supreme Court · Mar 28, 1968

And the express reservations that nothing in its orders “should be construed as evidence or a finding of the original cost or fair value * * * in any rate proceeding” clearly indicate that distinction. … The burden of establishing original cost was upon the utility, not upon the Commission.

In Re Zisook

88 Ill. 2d 321 · Illinois Supreme Court · Dec 4, 1981

It need only be established that the answer is likely to incriminate the witness. … Although a professional corporation may have been established primarily for tax benefits, these aspects clearly demonstrate that the corporateness of the professional corporation is genuine.