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This article will discuss the difference between preliminary injunctions and temporary restraining orders in Illinois. In addition to discussing the differences between these forms of relief, we will also discuss the situations in which each is applicable.
What should you consider if you have received a notice of disciplinary proceedings against your professional license?
In Illinois, professional licensure is overseen by theDepartment of Financial and Professional Regulation (“IDFPR”). Consequently, the IDFPR oversees all aspects of licensing from testing requirements down to discipline. Hopefully, most licensed professionals deal with the former and not the latter; but what should you consider when you receive a notice of discipline from IDFPR?
In civil litigation, the purpose of a trial is for either a jury or the judge to decide facts that are in dispute. If the plaintiff's story differs from that of the defendant, the trier of fact (the judge or jury) must decide which story is more likely to be true, and rule in that party's favor.
However, sometimes a trial is not necessary. Parties file motions for summary judgment, requesting judgment in their favor without a trial, when either there is no dispute as to the material facts, or the other side cannot prove their claims or defenses.
In this article, we will explain defamation law in Illinois. In order to state a cause of action for defamation in Illinois, the plaintiff must allege the following elements:
A lawsuit is initiated in Illinois when the Plaintiff files a document called a Complaint, stating a cause of action which would entitle the plaintiff from relief from the court, and requesting damages or other relief from the court. The complaint lays out the relevant allegations in the case that would entitle the plaintiff to a claim against the defendant.
After the complaint has been filed, the defendant can either file an Answer, which admits or denies the allegations of the plaintiff and raises any affirmative defenses that would defeat the plaintiff claims; or, the defendant can file a Motion to Dismiss, which states that there is either a defect in the Complaint or some other affirmative matter which requires the court to dismiss the case.
In order to maintain a claim for intentional infliction of emotional distress (IIED), you must show:
What qualifies as extreme and outrageous conduct? First, let’s take a closer look at the first element, “extreme and outrageous” conduct. Conduct is extreme and outrageous if it goes beyond the bounds of decency. It must be more than mere insults, indignities, or threats. When deciding whether conduct is extreme and outrageous, courts will look at all the facts of the case and make a determination on a case by case basis.