Case law

Eckley v. St. Therese Hospital

62 Ill. App. 3d 299 · Appellate Court of Illinois · Jul 24, 1978

Realizing he was not qualified to repair the injuries to the bowel, Dr. Sipos summoned Dr. Pessis, who was a member of the hospital staff and fully qualified to diagnose and perform abdominal surgery. … The argument was clearly erroneous in relating the loan agreement to issues of both liability and damages contrary to the limitations placed upon it by the court in Reese.

Ysrael v. State of Illinois

District Court, N.D. Illinois · Jul 5, 2023

“The doctrine of judicial immunity has been embraced ‘for centuries,’” and “confers complete immunity from suit, not just a mere defense to liability.” Dawson v. … Mar. 30, 2018) (“When a judge does something that qualifies as a judicial act . . . absolute immunity applies—even if the conduct was baseless, malicious, corrupt, or violates the Constitution.”).

Garland v. Department of Labor

121 Ill. App. 3d 562 · Appellate Court of Illinois · Jan 31, 1984

The purpose of this transaction was to qualify the business as a “female minority corporation” as that term is defined under Illinois law. … It is noteworthy that the Unemployment Insurance Act establishes an insurance program, and not a tax. Contributions to the program are placed in trust for those it is intended to assist. (Lindley v.

Epps v. Cook County Jail

District Court, N.D. Illinois · May 3, 2022

Immunities Defendants move for dismissal on the grounds that they are entitled to qualified immunity for the Plaintiff’s individual capacity claim. … However, “[b]ecause a qualified immunity defense so closely depends on the facts of the case,’ a ‘complaint is generally not dismissed under Rule 12(b)(6) on qualified immunity grounds.’” Reed v.

People v. Lamprey

79 Ill. App. 3d 1065 · Appellate Court of Illinois · Dec 27, 1979

There is no doubt the evidence clearly discloses that the bullets which were the subject of testimony came from the gun held and used by defendant. … The determination of whether a witness is qualified to testify as an expert lies within the discretion of the trial court. (People v. Speck (1968), 41 Ill. 2d 177, 196 , 242 N.E.2d 208, 219 .)

Johnson v. Advocate Health & Hospitals Corp.

2025 IL App (1st) 230087 · Appellate Court of Illinois · May 7, 2025

Serious prejudice occurs when the trial court’s faulty instructions clearly misled the jury. Schultz, 201 Ill. 2d at 274. … Instead, we will only reverse a judgment if the jury was clearly misled. Schultz, 201 Ill. 2d at 274. The record here does not demonstrate that the jury was clearly misled.

Condell Hospital v. Illinois Health Facilities Planning Board

124 Ill. 2d 341 · Illinois Supreme Court · Sep 29, 1988

Thus, the plaintiffs in the Highland Park case are clearly not qualified to invoke Rule 318(a) because they are not an “appellee, respondent, or co-party” for the purposes of this appeal. … Had all parties chosen not to seek reconsideration, it clearly would have been a “final” order.

Chicago & Northeastern Illinois District Council v. Department of Revenue

Appellate Court of Illinois · Nov 26, 1997

The party claiming an exemption has the burden of proving clearly and conclusively that the subject property falls within both the constitutional authorization and the terms of the statute under which the exemption is claimed … In either case, the same courses are necessary before one may become qualified to practice optometry.

Doe v. School District U-46

District Court, N.D. Illinois · Aug 27, 2021

Here, Defendants’ response to the December 17 report of harassment was not clearly unreasonable. … Turning first to the question of immunity, Defendants argue that Sections 2-103 and 2-205 of the Tort Immunity Act apply.

Doe v. Northwestern University

Appellate Court of Illinois · Jun 17, 1997

suffered when Northwestern sent the plaintiffs a letter informing them that a dental student who participated in their treatment had tested positive for human immunodeficiency virus (HIV), the virus that causes acquired immune … As the court said in Vallery , 630 So. 2d at 867 : "To recognize a cause of action *** when the presence of HIV is not shown (or, at the pleading stage, alleged), is clearly unsound.

Norman v. U.S. Bank National Ass'n

2020 IL App (1st) 190765 · Appellate Court of Illinois · Jun 30, 2020

All notices or offers shall clearly show the date the offer or notice was sent.” Chicago Municipal Code § 5-14-050(a)(3) (amended Apr. 15, 2015). … Bank has not established that the trial court’s award was an abuse of discretion.

Hamilton v. Scott

762 F. Supp. 794 · District Court, N.D. Illinois · Mar 29, 1991

Thus there is no viable claim from which the officials could be said to be immune. … And even if this Court were now (despite the paucity of authority) to declare such a right to exist, Hamilton could have no Section 1983 claim against defendants because such a right was not “clearly established" at the time

People v. Fisher

407 Ill. App. 3d 585 · Appellate Court of Illinois · Mar 8, 2011

Rather, “abuse of discretion” is associated with such adjectives as “arbitrary” and “clearly illogical.” Id. … An abuse of discretion goes outside the range of reasonableness and disregards established principles of law, thereby causing a party substantial prejudice. Id.

Larsen v. Provena Hospitals

2015 IL App (4th) 140255 · Appellate Court of Illinois · Feb 26, 2015

Thus, by its plain language, the legislature clearly intended that the Whistleblower Act would apply to physicians who satisfied the statutory defini- tion of employee. … See 105 ILCS 5/14A-30 (West 2010) (ex- plaining the funding available through the Illinois Board of Education for qualified programs fo- cused on the education of gifted and talented children).

ILLINOIS DEPT. OF PUBLIC AID EX REL. JENNINGS v. White

286 Ill. App. 3d 213 · Appellate Court of Illinois · Jan 8, 1997

The Illinois Department of Public Aid (Public Aid) established the defendant’s paternity of Cody on April 16, 1993, and the defendant was ordered to pay child support. … The defendant argues that his one-time FELA settlement does not qualify as income because it is not a periodic payment.

Carroll v. City of Oak Forest

District Court, N.D. Illinois · May 18, 2020

Both the TIA’s immunity provisions and its statute of limitations provision are affirmative defenses, so the burden is on the defendants to establish that that the TIA bars liability. Van Meter v. … Thus, the Court finds Section 2-201 immunity does not clearly apply here, and because Section 2-201 immunity does not apply, neither does Section 2-109 immunity.

Owens v. Illinois Department of Human Services

District Court, N.D. Illinois · Sep 25, 2023

Qualified immunity shields government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Second, if there was a constitutional violation, the court must determine whether the violated right was “clearly established.” Id. Defendants here address only the first prong of the qualified immunity inquiry.

Melvin v. Lamar Insurance

80 Ill. 446 · Illinois Supreme Court · Sep 15, 1875

This is the doctrine, as we regard, abundantly established by judicial decisions. In the case of Blodgett v. … Clearly, then, he ought to be held to his contract.

Johnson v. EDWARDSVILLE NAT. BANK & TR.

229 Ill. App. 3d 835 · Appellate Court of Illinois · May 5, 1992

Also without merit is plaintiff’s contention that the banks should be regarded as having owed him a fiduciary duty and, as fiduciaries, they should not qualify as a “third parties” who are entitled to invoke the statute’s … Mark Twain Bank, Clover Leaf, and First Federal Savings and Loan argue, in the alternative, that summary judgment was nevertheless properly granted in their favor on the forgery counts because plaintiff failed to establish

U.S. Fire Insurance v. Beltmann North American Co.

695 F. Supp. 941 · District Court, N.D. Illinois · Aug 31, 1988

Clearly a more careful assessment of Illinois law is called for. U.S. … As for the two other types of Policy coverage ("advertising liability” and "property damage” liability), those clearly do not apply to Cash’s claims. 4 .