Case law

Kenyon v. Board of Education for Township High School District 113

District Court, N.D. Illinois · Apr 14, 2025

“A complaint for defamation must set forth the words alleged to be defamatory clearly and with particularity.” See id. (internal citations omitted). … In such a situation, extrinsic facts and circumstances must be pleaded to establish that the publication was defamatory as to the individual and special damages must be pleaded with particularity.

Alexander v. Round Lake Park

District Court, N.D. Illinois · May 16, 2018

immunity. … Because I conclude based on the foregoing that no constitutional violation occurred, I need not proceed further on the issue of qualified immunity.

Village of Schaumburg v. Doyle

277 Ill. App. 3d 832 · Appellate Court of Illinois · Feb 5, 1996

They say this classification is clearly arbitrary and unreasonable and lacks any rational basis. … of the plaintiffs to establish a constitutional violation.

Reid ex rel. Reid v. Norfolk & Western Railway Co.

964 F. Supp. 1249 · District Court, C.D. Illinois · Jun 13, 1997

In the case sub judice, the first exception clearly does not apply because Defendant never discovered Plaintiff. … Thus, he hardly qualifies as a small or a young child.

Cult Awareness Network v. Church of Scientology International

177 Ill. 2d 267 · Illinois Supreme Court · Sep 18, 1997

Moreover, the plaintiff must establish that the former action was terminated in his or her favor. … The appellate court affirmed the judgment of the circuit court, holding that a dismissal of the former action could not qualify as a favorable termination in the context of a malicious prosecution suit.

Wolin v. The Department of Financial and Professional Regulation

983 N.E.2d 23 · Appellate Court of Illinois · Dec 21, 2012

In other words, the issue is whether, when applied to the established facts, the rule of law is or is not violated. Id. … As an agency that oversees the Medical Practice Act, the Department qualifies as a health oversight agency. 225 ILCS 60/10 (West 2010); see Doe v.

Stragapede v. City of Evanston

69 F. Supp. 3d 856 · District Court, N.D. Illinois · Sep 26, 2014

Stragapede argues that the cognitive impairment he suffered, which affected his memory, attention, and executive fumction, clearly fits under this definition. Pl.’s Resp. to Cross-Mot. and Reply at 12-14. … The draft letters clearly say that Stragapede’s firing was “not due to discipline, but to [his] disability.” PSOF Exh. *863 16 at 19-29.

People v. White

69 Ill. App. 3d 830 · Appellate Court of Illinois · Apr 12, 1979

The State then stipulated to the fact that McCullough had received immunity from prosecution for her testimony before the grand jury, except that she was not immune from prosecution for perjury. … It is well established that in a bench trial, the determination of credibility and the weight to be given testimony, are matters within the province of the trier of fact, since he has the superior opportunity to observe the

Harris

District Court, C.D. Illinois · Feb 2, 2026

A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id. … Plaintiff states that an Adjustment Committee found Plaintiff violated the rule against assault, which Plaintiff claims clearly establishes that he was assaulted. (Pl. Compl., Doc. 1 at 5, 7.) C.

United States Ex Rel. Daniels v. Baird

326 F. Supp. 2d 909 · District Court, N.D. Illinois · Jul 21, 2004

established Federal law, as determined by the United States Supreme Court.... … established Federal law as determined by the United States Supreme Court....

Brink's, Inc. v. Illinois Commerce Commission

103 Ill. App. 3d 851 · Appellate Court of Illinois · Dec 31, 1981

The Commission shall issue a certificate to any qualified applicant therefor after hearing, pursuant to an application filed, authorizing the whole or any part of the operation covered by the application, and may attach to … This and other testimony clearly established that the service provided by appellees was inadequate and that shippers had needs which were not met by appellees.

Toomer v. United Resin Adhesives, Inc.

652 F. Supp. 219 · District Court, N.D. Illinois · Dec 12, 1986

Texas employers structure their workers’ compensation coverage on the assumption they are immune from third-party suits. … The conflicts in the evidence clearly demonstrate that summary judgment based on the evidence is improper.

The People v. Watson

36 Ill. 2d 228 · Illinois Supreme Court · Dec 1, 1966

There are instances in noncapital cases where an expert might be necessary to establish a defense. … Section 8 — 4 of Criminal Code of 1961 clearly points out that all that need be shown in a charge of attempt is the intent to commit a specific offense and an overt act constituting a substantial step toward commission of

Daly v. Carmean

210 Ill. App. 3d 19 · Appellate Court of Illinois · Mar 7, 1991

Carmean had possessed and applied the skill and care of a reasonably well qualified podiatrist during his treatment of Mr. … Clearly, the Florida treatment in Aznel was not a continuing part of the prior allegedly negligent treatment given a decade earlier in Illinois. Plaintiff has cited Metzger v.

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.

Walker v. White

District Court, N.D. Illinois · Mar 19, 2021

Qualified immunity protects government officials from liability for civil damages unless their conduct violates a clearly established right. Henry v. Hulett, 969 F.3d 769, 785 (7th Cir. 2020). … established, qualified immunity does not apply.

Intermatic Inc. v. Toeppen

947 F. Supp. 1227 · District Court, N.D. Illinois · Nov 26, 1996

Each host also has a unique “fully qualified domain name.” The “fully qualified domain name” may not be repeated in the Internet. In the case of 206.139.80.66, the “fully qualified domain name” is “win-slow.net66.com”. … Where factual issues exist on these criteria, the Seventh Circuit has clearly stated that summary judgment is inappropriate. McGraw-Edison Company v.

Schmidt v. Schmidt

201 Ill. 191 · Illinois Supreme Court · Feb 18, 1903

Schmidt qualified as executor. At the time of his death the testator was about.seventy years of age. … The motion to strike them from the record will, however, under the practice established in Johnson v. Askey, 190 Ill. 58 , be denied.

Landry v. Daley

288 F. Supp. 200 · District Court, N.D. Illinois · Jul 3, 1968

No person is immune from prosecution in good faith for his alleged criminal acts. … Principles of federalism or comity were considered to qualify the traditional basis for equitable relief.

People v. DeFilippis

54 Ill. App. 2d 137 · Appellate Court of Illinois · Oct 29, 1964

In the Jones case, the Supreme Court qualified the principle which had been applied by the lower federal courts for many years, that is, that to establish standing, a petition to suppress evidence must show that the petitioner … These statements clearly reveal that while the indictment in the Jones case did not make possession in itself the crime, the Supreme Court made clear that possession constituted the proof thereof.