Case law

O'LOUGHLIN v. Village of River Forest

338 Ill. App. 3d 189 · Appellate Court of Illinois · Mar 28, 2003

O’Loughlin asserts that when the legislative history of the Act is reviewed, the term “catastrophic injury” clearly refers to any injury that causes a police officer to take a line-of-duty disability pension. … Does an injury that causes one to be unable to follow a chosen profession qualify as a final event?

People v. Peppers

352 Ill. App. 3d 1002 · Appellate Court of Illinois · Sep 30, 2004

The trial court’s statements do not clearly show an error. Defendant’s conviction was “not probationable” in the sense he was ineligible for standard probation. … More importantly, defendant failed to meet his burden to show he qualified for treatment under the Act.

City of Chicago v. Vokes

28 Ill. 2d 475 · Illinois Supreme Court · Sep 27, 1963

The constitutional yardsticks to be applied to the present ordinance are also established beyond question. … As to the first, the prohibition is made to apply to “any person in control or possession of said vehicle,” and clearly has application to its driver.

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. Bayless

99 Ill. App. 3d 532 · Appellate Court of Illinois · Aug 21, 1981

In the instant case, the trial court’s determinations were clearly not palpably erroneous. … Clearly it could be used as a bludgeon to inflict serious harm to an individual struck about the head or face.

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 .)

Dynek v. City of Chicago

2020 IL App (1st) 190209 · Appellate Court of Illinois · Jun 11, 2020

Moreover, an instruction does not justify reversal unless it “clearly misled the jury and resulted in prejudice to the appellant.” … A special interrogatory’s response is inconsistent with a general verdict only where it is “clearly and absolutely irreconcilable with the general verdict.” (Internal quotation marks omitted.)

People Ex Rel. Chicago Bar Ass'n v. Goodman

366 Ill. 346 · Illinois Supreme Court · Feb 18, 1937

Validity of the claim having been established, compensation is paid on the basis prescribed by the statutes, and the incident is closed. … Peoples Stock Yards State Bank, supra , but the facts and law in that case are clearly distinguishable from those here presented.

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.

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.

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

First National Bank v. Lowrey

Appellate Court of Illinois · Jun 29, 2007

In this case, we believe the record clearly establishes that the trial court in the underlying action would have approved the settlement. … App. 3d at 674 (finding that a release entered into as part of a settlement agreement did not establish a debtor-creditor relationship and thus qualify as an instrument in writing because the obligation to pay arose out

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.

Stone Street Partners, LLC v. City of Chicago Department of Administrative Hearings

2017 IL 117720 · Illinois Supreme Court · Feb 17, 2017

¶5 The record before us, when viewed according to the foregoing principles, establishes the following. … The appellate court held that this claim was barred by section 2-107 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/2-107 (West 2012)), which immunizes local public

Lenzen v. Miller

378 Ill. 170 · Illinois Supreme Court · Nov 18, 1941

Miller, the executor named in the will, duly qualified as such executor and continues to act in that capacity. Plaintiff (appellant) Lincoln Y. … It is well established that the intention of the testator which courts will carry into effect is that expressed by the language of the will.

King v. City of Chicago

324 Ill. App. 3d 856 · Appellate Court of Illinois · Aug 16, 2001

ANALYSIS On appeal, King contends the trial court erred in ruling that the CHAPD and Hixon were immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS … The trial court found the CHAPD and Hixon were immune from liability for Hixon’s statements under the Tort Immunity Act. 745 ILCS 10/1 — 101 et seq.

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.

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).