Case law

Jaffe v. Chicago Warehouse Lumber Co.

4 Ill. App. 2d 415 · Appellate Court of Illinois · Mar 7, 1955

An examination of the record in this case clearly shows that Taxey exercised complete control over all the corporation’s affairs. … Knowledge, on the part of his wife and son, of Taxey’s commitment to Jaffe is clearly established.

People v. Gholston

332 Ill. App. 3d 179 · Appellate Court of Illinois · Jun 27, 2002

“A rule that qualifies under this exception must not only improve accuracy, but also ‘alter our understanding of the bedrock procedural elements’ essential to the fairness of a proceeding.” (Emphasis omitted.) Sawyer v. … Ct. 1712 (1986) (Batson), and other cases related to the rule established in Gideon.

Taisho Marine & Fire Insurance v. Maersk Line, Inc.

796 F. Supp. 336 · District Court, N.D. Illinois · Jun 8, 1992

Dixon, [1955] 1 Q.B. 158 (C.A.1954), a “Himalaya Clause” is a bill of lading provision that extends the protections and immunities of a carrier to its agents and subcontractors. … Rule 56 principles impose on the movant the burden of establishing the lack of a genuine issue of material fact (Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 , 106 S.Ct. 2548, 2552-53 , 91 L.Ed.2d 265 (1986)).

Koefoot v. American College of Surgeons

692 F. Supp. 843 · District Court, N.D. Illinois · Jul 25, 1988

Koefoot as follows: It is the established policy of the American College of Surgeons that a physician who has not been trained in surgery is not as well qualified to render postoperative care as a trained surgeon. … Both the specific bylaw and the relevant portions of the Statements On Principles clearly proscribe the delegation of postoperative care to others not “fully qualified”, or as stated in the Principles not “as well qualified

People v. Grant

104 Ill. App. 3d 183 · Appellate Court of Illinois · Apr 7, 1982

The burden of establishing that he was not responsible for a delay and is entitled to discharge rests upon the defendant. (People v. Pearson (1980), 88 Ill. App. 3d 616 , 410 N.E.2d 958 .) … This two-day period was clearly a delay caused by or contributed to by the defendant.

Spencer v. Figueroa

District Court, N.D. Illinois · Dec 12, 2024

In order to determine whether the Defendant Officers qualify for Illinois sovereign immunity, the Court must determine that “(1) [there are] no allegations that an agent or employee of the State acted beyond the scope … Under the test, “a private entity may qualify as a state actor when… [they] exercise powers traditionally exclusively reserved to the state”. Jackson v.

Collgood, Inc. v. Sands Drug Co.

5 Ill. App. 3d 910 · Appellate Court of Illinois · Jun 8, 1972

The same conclusion was reached by plaintiffs’ second expert witness, a qualified fire inspector, who testified from the facts presented in hypothetical form. … The record clearly shows that the subrogation receipts were admitted into "evidence by stipulation of both parties for the limited purpose of proving the insuror’s right of subrogation, and that the witness Pulley’s testimony

Medow v. Flavin

Appellate Court of Illinois · Nov 27, 2002

This latter clause, however, clearly relates to the former–"[Medow's] association with Way to Go Travel was terminated on August 25, 1988[,] for theft." … Pertinence The litigation privilege provides immunity from civil suit for defamatory statements made preliminary to or during the course of litigation so long as the defamatory matter is pertinent to the litigation.

Coffey v. United States

District Court, S.D. Illinois · Jul 8, 2024

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 … Meyer, 510 U.S. 471, 486 (1994) (finding no direct cause of action for damages against federal agency because of sovereign immunity).

People v. Gilbert

58 Ill. App. 3d 387 · Appellate Court of Illinois · Mar 3, 1978

Moreover, the evidence adduced at trial clearly connected the exhibits to the crime and to the accused, as it appears from defendant’s pretrial statements that the shotgun was in the apartment he shared with the deceased … consequences flowing from his own deliberate act, it follows that if one wilfully does an act the direct and natural tendency of which is to destroy another’s life, the natural and irresistible conclusion, in the absence of qualifying

Kemnitz v. Semrad

206 Ill. App. 3d 668 · Appellate Court of Illinois · Jun 29, 1990

The medical standard of care must be that of a reasonably well-qualified practitioner in the locality where the defendant doctor practices (Purtill v. … to establish a deviation.

Stoker

District Court, S.D. Illinois · Mar 13, 2026

sovereign immunity. … The facts in the Complaint do not clearly establish that Defendants no longer “had the power to do something about [Parks’] condition,” just because Parks was transferred to SLU on August 4, 2023. See Wilson v.

Casey v. Penn

45 Ill. App. 3d 573 · Appellate Court of Illinois · May 12, 1977

Plaintiff argues that the evidence of defendant’s negligence was clearly established on two points: (1) defendant’s decision to employ an open reduction procedure and thé complete lack of an initial examination of the plaintiff … Stat. 1975, ch. 110A, par. 236(a)) provides that a business record which qualifies shall be admitted into evidence without introducing all other circumstances of its making.

People ex rel. Tillery v. Ginsberg

141 Ill. App. 3d 634 · Appellate Court of Illinois · Mar 17, 1986

The instructions stated that one of the elements necessary for the plaintiff to prove in order to establish defendant’s paternity was that the child had never been adopted. … But even assuming that the complaint defectively stated the cause of action, the court nevertheless had subject matter jurisdiction because the complaint clearly sounded in paternity.

Breuder v. Board of Trustees of Community College District No. 502, DuPage County, Illinois

District Court, N.D. Illinois · Mar 31, 2019

Thus, according to Mazzochi, her counterclaim qualifies as “any other judicial pleading to dispose of a judicial claim.” This argument, however, contradicts the language and structure of the ICPA. … Alves, 944 A.2d 144 (R.I. 2008), is even less helpful to her cause, as Rhode Island’s anti-SLAPP statute establishes an immunity defense, provides that the immunity may be asserted by “motion or by other appropriate means

Blanchard v. Manzano

District Court, N.D. Illinois · Aug 28, 2024

immunity; and (4) Defendant Manzano was not personally involved in any discipline of Plaintiff. … Additionally, because Defendants prevailed on their other arguments, the Court need not consider their argument that they are entitled to qualified immunity.

Johnson v. Heckler

100 F.R.D. 70 · District Court, N.D. Illinois · Dec 7, 1983

. §§ 423 (d) and 1382c(a)(3)(A), (B), (C) to require each claimant to initially establish that he or she has a “severe physical or mental impairment.” … The language of § 1383(c)(3) clearly subjects it to the principles contained in § 405(g). Section 1383(c)(3) reads as follows: .

Acik v. I.C. System, Inc.

640 F. Supp. 2d 1019 · District Court, N.D. Illinois · Aug 6, 2009

Dm Care Exception To qualify for the due care exception, ICS must establish that the section 1962f violations (1) were unintentional; (2) were bona fide; and (3) occurred notwithstanding the maintenance of procedures reasonably … If it had done so, then the logic of Randolph and of section 1692k(c) would apply; ICS would be immune, and any information known by PMB would not be imputed to ICS.

Otrompke v. Hill

28 F. Supp. 3d 772 · District Court, N.D. Illinois · Mar 20, 2014

Supreme Court decisions establish a fundamental right to practice law, which he did not raise in his state proceeding or his federal lawsuit. (Am. Compl. ¶¶ 18-22, 29.) … Some of these changes, as set forth in Otrompke’s Amended Complaint, clearly modify the standards for admission. (See, e.g., Am.

Fennerty v. City of Chicago

33 N.E.3d 737 · Appellate Court of Illinois · May 18, 2015

-3- No. 1-14-0679 to section 3-106 of the Tort Immunity Act. … ¶ 21 In so holding, the Tagliere court followed the established rule that to find an entity guilty of willful and wanton conduct under the Tort Immunity Act, one must show it had actual or constructive knowledge of