Case law

Kettles v. People

221 Ill. 221 · Illinois Supreme Court · Apr 17, 1906

Penal statutes are to be strictly construed, but not with such technicality as to defeat their purpose and the clearly expressed intention of the lawmakers. … Whether the plaintiff in error was licensed to practice dentistry in the State of Illinois was a matter of defense which devolved on him to establish.

Solaia Technology, LLC v. Specialty Publishing Co.

221 Ill. 2d 558 · Illinois Supreme Court · Jun 22, 2006

The second class encompasses conditional or qualified privileges where immunity is conferred because of “the occasion upon which the allegedly false statement is published.” Modern Tort Law § 36:24, at 36 — 39. … However, once a defendant establishes a qualified privilege, a plaintiff must prove that the defendant either intentionally published the material while knowing the matter was false, or displayed a reckless disregard as to

In re Air Crash Disaster

133 F.R.D. 515 · District Court, N.D. Illinois · Dec 3, 1990

First, whether I have found a particular document to be subject to the qualified work product immunity provided by Rule 26 depends on whether the subject matter of the document concerns preparation or strategy, or the appraisal … Rule 26(b) provides qualified immunity only for “tangible" things.

Cleaver v. Marrese

253 Ill. App. 3d 778 · Appellate Court of Illinois · Dec 27, 1993

Immunity Act) (745 ILCS 10/1— 101 et seq. … It is well established in Illinois that where there are two statutory provisions, one of which is general and designed to apply to cases generally, and the other is particular and relates to only one subject, the particular

Berz v. City of Evanston

2013 IL App (1st) 123763 · Appellate Court of Illinois · Nov 19, 2013

Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … from liability pursuant to section 3-102(a) of the Tort Immunity Act

Trotter v. Klincar

566 F. Supp. 1059 · District Court, N.D. Illinois · May 26, 1983

Nevertheless, prison officers and officials in state departments of corrections are entitled to qualified good faith immunity when damages are sought against them under § 1983. Procunier v. … We need not address the issue of whether Scillia and Thomas are entitled to qualified immunity, however, for we hold that none of Trotter’s constitutional rights were violated by the procedure afforded to him and of which

CGE Ford Heights, L.L.C. v. Miller

306 Ill. App. 3d 431 · Appellate Court of Illinois · Aug 4, 1999

Plaintiffs, which burn tires, no longer qualify as QSWEFs under the amendment and are not entitled to the retail rate. … We will not render advisory opinions or decide cases merely to establish precedent. Berlin, 179 Ill. 2d at 8 .

Hutchings v. Kraject

34 Ill. 2d 379 · Illinois Supreme Court · Mar 24, 1966

The county directs attention to such general principles as: the legislature has a wide range of discretion in making classifications, that one questioning its judgment has the burden of showing it to be clearly erroneous … But, the real thrust of the county’s argument is that involuntary local subdivisions established by the State without any vote or consent of the inhabitants, such as counties and townships, are quasi-corporations and may

Drury v. Hurley

339 Ill. App. 33 · Appellate Court of Illinois · Nov 8, 1949

This establishes jurisdiction of the commission and that there has been a proper legal proceeding for the removal of the petitioner.” In Kammann v. … Clearly it is a legislative prerogative — and not for the courts to review its wisdom — to say that it is proper that public officials should not be permitted to hold office and at the same time shield themselves by a claim

Phelps v. Chicago Transit Authority

224 Ill. App. 3d 229 · Appellate Court of Illinois · Dec 19, 1991

The facts concerning the jury instruction on the CTA’s duty of care and the CTA’s claim of immunity will be detailed later in connection with our discussion of those issues. … A reviewing court will not reverse a cause on the basis of an improper jury instruction unless it is able to conclude that the instruction clearly misled the jury. (Nicholl v. Scaletta (1982), 104 Ill.

Management Ass'n of Illinois, Inc. v. Board of Regents of Northern Illinois University

248 Ill. App. 3d 599 · Appellate Court of Illinois · Jun 18, 1993

Clearly, mere tortious conduct, without further delineation, cannot qualify as unlawful so as to trigger the presumption in Allphin. … Negligence claims are clearly within the Act.

Stanley Works v. Haeger Potteries, Inc.

35 F.R.D. 551 · District Court, N.D. Illinois · Jun 16, 1964

Where attorneys for parties having a mutual interest in litigation exchange their work product, it remains protected by a qualified privilege. Transmirra v. Monsanto, supra. … Communications betwen Costas and associate counsel retained by him are clearly immune from discovery.

Coltec Industries, Inc. v. American Motorists Insurance

197 F.R.D. 368 · District Court, N.D. Illinois · Nov 30, 2000

That is to say, the mere fact that a discovery opponent anticipates litigation does not qualify an “in-house” document as work product. … It may be overstating the obvious, but in this court’s experience it is necessary; describing a document as “legal advice” or “work product” is not the same as establishing that the documents are immune from discovery.

DeMambro v. City of Springfield

990 N.E.2d 1255 · Appellate Court of Illinois · Jun 6, 2013

Act (Tort Immunity Act) (745 ILCS 10/3-102(a) (West 2010)). … The City later filed a motion for summary judgment, asserting, in pertinent part, that it was immune from liability under the Tort Immunity Act. ¶6 In July 2012, the trial court entered summary judgment in

Grayson v. City of Aurora

157 F. Supp. 3d 725 · District Court, N.D. Illinois · Jan 17, 2016

Qualified Immunity The Defendants’ qualified immunity argument is truncated and essentially merely describes the general law concerning the availability of the defense. See de la Rama v. Ill. … When allegations revolve around whether police officers failed to disclose Brady evidence, the qualified immunity question focuses on whether it was clearly established that the information that Gray-son contends the Defendants

Barrett v. Fonorow

Appellate Court of Illinois · Oct 28, 2003

News vendors, bookstores, and libraries generally qualify for this standard of liability." J. Friedman & F. … Clearly, he has not.

McGuire v. Bd. of Regents of N. Ill. Univ.

71 Ill. App. 3d 998 · Appellate Court of Illinois · May 25, 1979

Section 1 of “An Act in relation to immunity for the State of Illinois” (Ill. Rev. … In Yack, plaintiff sought to establish a breach of impUed contract concerning employment.

Nieder v. Gacy

121 Ill. App. 3d 854 · Appellate Court of Illinois · Feb 1, 1984

Plaintiff contends, however, that these immunity provisions must be read in conjunction with section 2 — 202 of the act which she argues limits the extent of the immunity granted in the police immunity provisions. … The decedent’s death clearly is too remote a consequence of the parole board’s actions to conclude that the board’s actions fall within this jurisdictional base. (Cf. Martinez v. California (1979), 444 U.S. 277 , 62 L.

Moore v. Board of Educ. of City of Chicago

300 F. Supp. 2d 641 · District Court, N.D. Illinois · Jan 21, 2004

(“Tort Immunity Act”). … the Tort Immunity Act.”

Torres v. Peoria Park District

2020 IL App (3d) 190248 · Appellate Court of Illinois · Apr 22, 2021

A motion to dismiss should not be granted unless it is clearly apparent that no set of facts could be proven that would entitle the plaintiff to recovery. Snyder v. … Consequently, the park district did not meet its burden of establishing its affirmative defense under section 3-106 of the Tort Immunity Act.