Case law

Ragan v. AT & T CORP.

355 Ill. App. 3d 1143 · Appellate Court of Illinois · Mar 1, 2005

The Seventh Circuit found that the CSA clearly provided a mechanism for rejecting the offer and that the customer had a reasonable opportunity to reject the offer but failed to do so. … The arbitration process established by this section is governed by the [EAA], 9 U.S.C. §§ 1-16 . You have the right to take any dispute that qualifies to small claims court rather than arbitration.

Smith v. McGee

District Court, S.D. Illinois · Sep 16, 2022

All three defendants argue that they are entitled to qualified immunity because Plaintiff did not have a serious medical need and their conduct did not violate clearly established law. … He argues that the Defendants are not entitled to qualified immunity because there are genuine questions of material fact about their actions, which relate to the clearly established right to adequate medical

Caterpillar, Inc. v. Illinois Commerce Comm'n

Appellate Court of Illinois · Mar 24, 2004

Clearly, it may grant or deny a petition, or take no action on the petition. … With this consideration in mind, we do not believe appellants have overcome their burden of establishing the Commission's order was unreasonable.

Kejbo v. Caho

District Court, N.D. Illinois · Jun 29, 2018

Qualified Immunity Even if probable cause were lacking, plaintiffs’ § 1983 claims still would not prevail against the state defendants because qualified immunity shields the … This was not a plainly incompetent investigation and it did not violate clearly established law.

Tweedy v. City of Robinson

District Court, S.D. Illinois · Jun 24, 2025

and administration of the Robinson Police Department—issues for which the City of Robinson has immunity under the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/4-102 (“Tort Immunity … Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection service or, if police protection service is provided, for failure

Dolezal v. CONCERT HEALTH PLAN

433 F. Supp. 2d 886 · District Court, N.D. Illinois · Sep 20, 2005

(allogenic, autologous and peripheral blood stem cells) transplants (sic), but only for certain types of leukemia, neuroblastomas, lymphomas, Ewing’s sarcoma, aplastic anemia, Wis-koth-Aldridge syndrome, severe combined immun-deficiency … Clearly, this grossly inadequate process does not constitute a reasonable determination.

Redman v. State of Illinois

District Court, C.D. Illinois · Mar 3, 2023

Plaintiff believes this delay establishes a constitutional violation. B. … Additionally, officers responsible for an inmate’s continued detention until residential housing can be established are entitled to qualified immunity.

Regenold v. Baby Fold, Inc.

68 Ill. 2d 419 · Illinois Supreme Court · Sep 20, 1977

She returned two days later, October 24, with her divorce decree and the immunization record. She and Mrs. … It clearly is an attempt on the part of the legislature to add further stability and certainty to adoption proceedings.

A.S. v. Board of Education for DesPlaines School District 62

District Court, N.D. Illinois · Jan 16, 2024

from liability under the Local Government and Governmental Employees Tort Immunity Act (745 ILCS 10) (“Tort Immunity Act”).5 (Mem. in Supp. of Defs.’ … actions qualify as discretionary policy decisions.”); Sterling v.

Goertz v. Chicago & North Western Railway Co.

19 Ill. App. 2d 261 · Appellate Court of Illinois · Nov 13, 1958

“Manifest means clearly evident, clear, plain, indisputable.” Schneiderman v. Interstate Transit Lines, Inc., 331 Ill.App. 143 . It “. . . requires that an opposite conclusion be clearly evident.” Arboit v. … Plaintiff’s instruction number 4 requiring plaintiff to establish his case by the greater weight would not permit the jury to decide an “evenly balanced” case favorably to plaintiff.

Anderson v. City of Kewanee

99 Ill. App. 3d 456 · Appellate Court of Illinois · Aug 27, 1981

The concepts of res judicata and estoppel by judgment are clearly established. … Clearly, Warner and Anderson were involved in the three 79 suits for reinstatement.

Chad Feldman and Elizabeth Trost, individually and as parents and next friends of John Doe, a minor v. District 6 Board of Education d/b/a Staunton Community School District 6, Brett Allen, Stephanie Schwappach, and Carrie Griffith

District Court, C.D. Illinois · Mar 31, 2026

Defendants also argue they are immune from several state law claims under the Local Governmental and Governmental Tort Immunity Act (“TIA”). 735 ILCS 5/2-619(a)(9). … Finally, Defendants claim immunity under Sections 2-201 and 2-109 of the TIA.

Marie O. v. Edgar

157 F.R.D. 433 · District Court, N.D. Illinois · Aug 25, 1994

The Governor further notes that basic principles of sovereign immunity dictate that no injunction can issue in this Court for his failure to follow state law. Pennhtirst State School & Hospital v. … Clearly, Plaintiffs’ request for injunctive relief with respect to compliance with the federal statute in issue is permissible.

EOLAS TECHNOLOGIES, INC. v. Microsoft Corp.

270 F. Supp. 2d 997 · District Court, N.D. Illinois · Jul 1, 2003

Nawrocki’s conclusions which Microsoft opposes are entirely baseless or improperly developed-the alleged deficiencies in his report are not enough to establish this. 8. … Microsoft argues plaintiffs clearly cannot prove this.

Melliere v. Luhr Bros., Inc.

302 Ill. App. 3d 794 · Appellate Court of Illinois · Jan 14, 1999

For purposes of venue, there are three distinct ways that the residency of a corporation can be established. … Clair County and that the airport facility qualified as an other office under the venue statute. We will only address the other office provision of the venue statute.

Schreiber v. County of Cook

388 Ill. 297 · Illinois Supreme Court · Nov 22, 1944

Marx, 370 Ill. 264 , specifically relied upon by appellant, establishes nothing to the contrary. … It will be observed that the special immunity and privilege complained of is imposed upon or in favor of a taxing district or municipal or public corporation.

Rippley v. Teamsters Local 50

District Court, S.D. Illinois · Feb 6, 2023

Here, Plaintiff has sufficiently established his indigence. He has no income and has approximately $800 in his checking or savings account. … The Court may dismiss a case if it determines the action is clearly frivolous or malicious, fails to state a claim, or is a claim for money damages against an immune defendant. 28 U.S.C. § 1915(e)(2)(B); see also Hoskins

Chicago Board of Education v. Payne

102 Ill. App. 3d 741 · Appellate Court of Illinois · Dec 22, 1981

Payne’s conduct in 1976 was clearly irremediable. The hearing officer erred in finding to the contrary. … Clearly, this provision was intended to be a “sword” for the Board rather than a “shield” for a teacher.

People ex rel. Forrest v. Winston-Bey

252 Ill. App. 3d 924 · Appellate Court of Illinois · Aug 19, 1993

The decision of the trier of fact will not be reversed on appeal unless it is clearly erroneous. Gulley, 198 Ill. App. 3d 91 , 555 N.E.2d 752 . … In this case, the jury found it was reliable and, based on Boonlayangoor’s testimony, that finding was not clearly erroneous.

Community Unit School District No. 60 v. MacLin

106 Ill. App. 3d 156 · Appellate Court of Illinois · May 10, 1982

The hearing officer indicated (without clearly so ruling) that the lack of progress of Maclin’s students in the fifth grade during the spring of 1979 and their failure to keep up with the other class in reading certain magazines … The bill of particulars refers to the failure to establish a folder system; however, Maclin did attempt to establish a folder system after the 1979 fall semester began.