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41 Illinois opinions name it 2 courts 1973–2022 2 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
People v. Childsgreen2 sentences2001App. 3d 289, 299 (1999) (“[a]ny disclosure by the client is inherently inconsistent with the policy behind the privilege of facilitating a confidential attorney-client relationship and, therefore, must result in a waiver of the privilege”); People v. Childs, 305 Ill. 2001App. 3d 289, 299 (1999) (“[a]ny disclosure by the client is inherently inconsistent with the policy behind the privilege of facilitating a confidential attorney-client relationship and, therefore, must result in a waiver of the privilege”); People v. Childs , 305 Ill. | 3 | 3 |
Profit Management Development, Inc. v. Jacobson, Brandvik & Anderson, Ltd.green2 sentences2020“Any disclosure by the client is inherently inconsistent with the policy behind the privilege of facilitating a confidential attorney-client relationship and, - 22 - 1-17-0750 therefore, must result in a waiver of the privilege.” Profit Management Development, Inc., v. Jacobson, Brandvik & Anderson, Ltd., 309 Ill. 2012“Any disclosure by the client is inherently inconsistent with the policy behind the privilege of facilitating a confidential attorney-client relationship and, therefore, must result in a waiver of the privilege.” Profit Management Development, Inc., v. Jacobson, Brandvik & Anderson, Ltd., 309 Ill. | 2 | 2 |
Currie v. Laogreen2 sentences2008See Currie, 148 Ill. 2d at 159 ("The rationale [for] extending the immunity to State employees *** is that a suit against that employee could operate to control the actions of the State" (emphasis in original)). 2008See Currie, 148 Ill. 2d at 159 (“The rationale [for] extending the immunity to State employees *** is that a suit against that employee could operate to control the actions of the State” (emphasis in original)). | 2 | 2 |
People v. Elizondogreen2 sentences2003In re Daniel R. , 291 Ill. 2003See In re Daniel R. , 291 Ill. | 2 | 2 |
FIDELITY & CAS. CO., NY v. Mobay Chemical Corp.green2 sentences2001App. 3d 128, 136 (1999) (same); Fidelity & Casualty Co. v. Mobay Chemical Corp., 252 Ill. 2001App. 3d 128, 136 (1999) (same); Fidelity & Casualty Co. v. Mobay Chemical Corp. , 252 Ill. | 2 | 2 |
In Re Marriage of Kozloffgreen2 sentences2015See Kozloff, 101 Ill. 2d at 530-31 ; Niemerg, 344 Ill. 1993In re Marriage of Kozloff (1984), 101 Ill. 2d 526, 530-31 , 463 N.E.2d 719 . | 1 | 2 |
Smith v. Ashleygreen1 sentence2022Smith v. Ashley, 29 Ill. | 1 | 1 |
In Re Estate of Gaygreen2 sentences2015Favorably citing to the rationale of Kozloff, we noted that while the appellants’ argument appears logical, “it is clear to us that to allow a substitution of judge in a section 2-1401 proceeding would defeat the policy behind the rule requiring a motion for substitution to be presented before the judge has ruled on any substantial issue in the case: to preclude litigants from ‘judge-shopping.’ ” Id. at 465 . ¶ 14 The Third District, too, has explicitly found that courts may consider “all the circumstances surrounding the pretrial proceedings,” and a motion for substitution of judge by right m 2015The court recognized that this gave the appellant a “unique ability to determine the court’s attitude concerning certain issues.”3 Id. ¶ 15 What our relevant precedent in the Fifth District has in common is that the courts were able to rule that the policy behind the rule defeats the seemingly bright-line language of the statute because the case at bar was not a new and distinct cause of action; thus, the motion could be declared untimely pursuant to the statute. | 1 | 1 |
Outboard, Marine & Manufacturing Co. v. Gordongreen2 sentences2003See Gordon, 403 Ill. at 536-37 , 87 N.E.2d at 617 (“A proximity of conduct aiding or abetting the strikers or proximity of result to be gained from the dispute were meant to be the measuring factors.”). 3. 2003See Gordon, 403 Ill. at 536-37 , 87 N.E.2d at 617 (“A proximity of conduct aiding or abetting the strikers or proximity of result to be gained from the dispute were meant to be the measuring factors.”). 3. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Niemerg v. Bonelli
green
2 sentences2017The Fifth District, while recognizing the logic of the argument, nonetheless concluded: “[I]t is clear to us that to allow a substitution of judge in a section 2-1401 proceeding would defeat the policy behind the rule requiring a motion for substitution to be presented before the judge has ruled on any substantial issue in the case: to preclude litigants from ‘judge-shopping’ after having formed an opinion that the judge may be unfavorably disposed toward the litigant’s cause.” Id. 2017The Fifth District, while recognizing the logic of the argument, nonetheless concluded: “[I]t is clear to us that to allow a substitution of judge in a section 2-1401 proceeding would defeat the policy behind the rule requiring a motion for substitution to be presented before the judge has ruled on any substantial issue in the case: to preclude litigants 8 from ‘judge-shopping’ after having formed an opinion that the judge may be unfavorably disposed toward the litigant’s cause.” Id. | 3 | 2015–2017 |
United States v. Michael Lee Knight, Michael Hampton, Tara Garrison, Henry Jeff Ragin, Richard Joseph, Jarrious Washington
green
2 sentences2020Knight, 867 F.2d at 1288 . 2020Knight, 867 F.2d at 1288 . | 2 | 2020–2020 |
Center Partners, Ltd. v. Growth Head GP, LLC
green
2 sentences2019As our supreme court has noted, *654 *436 disclosure to a third party generally results in waiver because it "is inherently inconsistent with the policy behind the privilege of facilitating a confidential attorney-client relationship." (Emphasis added and internal quotation marks omitted.) Id. 2019As our supreme court has noted, disclosure to a third party generally results in waiver because it “is inherently inconsistent with the policy behind the privilege of facilitating a confidential attorney-client relationship.” (Emphasis added and internal quotation marks omitted.) Id. | 2 | 2019–2019 |
International Union of Operating Engineers v. Department of Employment Security Opinion corrected 01/29/04
green
2 sentences2005Viewing this divergence of interests in light of the policy behind the requirement, we conclude that Local 148 did not have a direct interest in the outcome of the labor dispute." (Emphases in original.) 345 Ill.App.3d at 395-96 , 280 Ill.Dec. 364 , 802 N.E.2d 289 . 2005Viewing this divergence of interests in light of the policy behind the requirement, we conclude that Local 148 did not have a direct interest in the outcome of the labor dispute.” (Emphases in original.) 345 Ill. | 2 | 2005–2005 |
A&R Janitorial v.Pepper Construction Company
green
1 sentence2022The underlying policy behind the doctrine of res judicata is to “promote judicial economy and to protect defendants from the burden of having to relitigate essentially the same claim.” A & R Janitorial v. Pepper Construction Company, 2018 IL 123220, ¶16 ; see also Wilson, 2012 IL 112989 , ¶ 12 (“The rule *** is founded on the premise that litigation should have an end and that no person should unnecessarily be harassed with a multiplicity of lawsuits”). | 1 | 2022–2022 |
Schnepf v. Schnepf
green
1 sentence2015The Schnepf court strongly condemned the "test the waters" doctrine, noting that it was "rendered obsolete 20 years ago by introduction of the right to a substitution of judge without cause under the new version of section 2-1001(a)(2)." Schnepf, 2013 IL App (4th) 121142, ¶ 50 . 7 substitution of judge in a section 2-1401 proceeding would defeat the policy behind the rule requiring a motion for substitution to be presented before the judge has ruled on any substantial issue in the case: to preclude litigants from 'judge-shopping.' " Id. at 465. ¶ 14 The Third District, too, has explicitly foun | 1 | 2015–2015 |
Lawter International, Inc. v. Carroll
green
1 sentence2007Lawter International, Inc. v. Carroll, 116 Ill. | 1 | 2007–2007 |
Woolverton v. McCracken
green
1 sentence2001Rather, Rule 204(c), when read in conjunction with Rule 208, provides that the party at whose instance a doctor’s discovery deposition is taken bears the burden of paying the doctor’s fees. 166 111. 2d R. 204(c); Woolverton, 321 Ill. | 1 | 2001–2001 |
In Re Marriage of Talty
green
1 sentence1997In re Marriage of Talty, 252 Ill. | 1 | 1997–1997 |
People v. Knuckles
green
2 sentences1995"The raison d’etre of the privilege is to secure for the client the ability to confide freely and fully in his or her attorney, without fear that confidential information will be disseminated to others.” People v. Knuckles (1995), 165 Ill. 2d 125, 130 . 1995"The raison d'etre of the privilege is to secure for the client the ability to confide freely and fully in his or her attorney, without fear that confidential information will be disseminated to others." People v. Knuckles (1995), 165 Ill.2d 125, 130 , 209 Ill.Dec. 1 , 650 N.E.2d 974 . *701 The voluntary disclosure of confidential information does not waive the attorney-client privilege as to all conversations or as to the entire discussion which may have occurred ( Goldman, Sachs & Co. v. Blondis (N.D.Ill. 1976), 412 Fed.Supp. 286, 288) and a partial waiver of the privilege as to certain comm | 1 | 1995–1995 |
In Re Estate of Hoover
neutral
2 sentences1995"The raison d'etre of the privilege is to secure for the client the ability to confide freely and fully in his or her attorney, without fear that confidential information will be disseminated to others." People v. Knuckles (1995), 165 Ill.2d 125, 130 , 209 Ill.Dec. 1 , 650 N.E.2d 974 . *701 The voluntary disclosure of confidential information does not waive the attorney-client privilege as to all conversations or as to the entire discussion which may have occurred ( Goldman, Sachs & Co. v. Blondis (N.D.Ill. 1976), 412 Fed.Supp. 286, 288) and a partial waiver of the privilege as to certain comm 1995"The raison d'etre of the privilege is to secure for the client the ability to confide freely and fully in his or her attorney, without fear that confidential information will be disseminated to others." People v. Knuckles (1995), 165 Ill.2d 125, 130 , 209 Ill.Dec. 1 , 650 N.E.2d 974 . *701 The voluntary disclosure of confidential information does not waive the attorney-client privilege as to all conversations or as to the entire discussion which may have occurred ( Goldman, Sachs & Co. v. Blondis (N.D.Ill. 1976), 412 Fed.Supp. 286, 288) and a partial waiver of the privilege as to certain comm | 1 | 1995–1995 |
Honner v. Illinois Central Railroad
neutral
2 sentences1995(Honner, 15 Ill. at 552 .) The supreme court adopted the rule after fully discussing the policy behind the doctrine and reviewing the case authorities to date. 1995In Honner , the court stated that a master is not liable to one servant for the carelessness of another servant where both servants are engaged in the master's business. ( Honner, 15 Ill. at 552 .) The supreme court adopted the rule after fully discussing the policy behind the doctrine and reviewing the case authorities to date. ( Chicago & Northern R.R. | 1 | 1995–1995 |
Chicago & Northwestern Railroad v. Moranda
neutral
1 sentence1995Co. v. Moranda (1879), 93 Ill. 302 .) Illinois has never abolished the fellow servant rule, either by statute or court ruling. | 1 | 1995–1995 |
City of Mound City v. Mason
green
2 sentences1992(Mound City, 262 Ill. 392 .) The policy behind the requirement of open and notorious communications is that a party should be able to take exception to communications as they occur. 1992Mound City, 262 Ill. at 399 . | 1 | 1992–1992 |
Fellows v. National Enquirer, Inc.
green
2 sentences1990Finding the policy behind the requirement of special damages in a per quod action equally applicable to a false-light claim based on a defamatory publication, the Fellows court concluded ( 42 Cal. 3d at 251 , 721 P.2d at 108 , 228 Cal. Rptr. at 227 ): “Since virtually every published defamation would support an action for false light invasion of privacy, exempting such actions from the requirement of proving special damages would render the statute a nullity. 1990Finding the policy behind the requirement of special damages in a per quod action equally applicable to a false-light claim based on a defamatory publication, the Fellows court concluded ( 42 Cal. 3d at 251 , 721 P.2d at 108 , 228 Cal. Rptr. at 227 ): “Since virtually every published defamation would support an action for false light invasion of privacy, exempting such actions from the requirement of proving special damages would render the statute a nullity. | 1 | 1990–1990 |
People v. Holloway
green
2 sentences1987People v. Holloway (1981), 86 Ill. 2d 78, 91-92 , 426 N.E.2d 871 . 1987People v. Holloway (1981), 86 Ill. 2d 78, 91-92 , 426 N.E.2d 871 . | 1 | 1987–1987 |
Mattis v. State Farm Fire & Casualty Co.
green
1 sentence1986App. 3d 612, 624 , 454 N.E.2d 1156 .) The policy behind the rule is to promote settlement and simplify litigation. | 1 | 1986–1986 |
Exchange National Bank v. DeGraff
green
1 sentence1986Exchange National Bank v. DeGraff (1982), 110 Ill. | 1 | 1986–1986 |
cluster 353796
green
2 sentences1985(See United States v. Stirling (2d Cir. 1978), 571 F.2d 708 , 730 n.17, for substance of rule.) The court discussed the policy behind the rule, saying that “for plea bargaining to work effectively and fairly, a defendant must be free to negotiate without fear that his statements will later be used against him.” ( 571 F.2d 708 , 731.) However, the court stated that “ ‘the primary concern of the draftsman *** was with fairly formal plea bargaining between the United States Attorney and counsel for defendant after charges had been, or were about to be made.’ ” ( 571 F.2d 708 , 731, quoting 2 Wein 1985(See United States v. Stirling (2d Cir. 1978), 571 F.2d 708 , 730 n.17, for substance of rule.) The court discussed the policy behind the rule, saying that “for plea bargaining to work effectively and fairly, a defendant must be free to negotiate without fear that his statements will later be used against him.” ( 571 F.2d 708 , 731.) However, the court stated that “ ‘the primary concern of the draftsman *** was with fairly formal plea bargaining between the United States Attorney and counsel for defendant after charges had been, or were about to be made.’ ” ( 571 F.2d 708 , 731, quoting 2 Wein | 1 | 1985–1985 |
Rubin v. Boorstein
green
1 sentence1981App. 3d 689 , 392 N.E.2d 919 .) The policy behind the requirement of joining indispensable parties is that the entering of a judgment without such party may result in the absent party’s loss of a property right without due process of law. | 1 | 1981–1981 |
Fletcher v. CIVIL SERVICE COM. OF WAUKEGAN
green
2 sentences1979App. 3d 593 , 286 N.E.2d 130 .) The underlying policy behind the rule is that government functions may not be impeded or obstructed. 1979App.3d 593 , 286 N.E.2d 130 .) The underlying policy behind the rule is that government functions may not be impeded or obstructed. | 1 | 1979–1979 |
| Board of Education of Danville Community Consolidated School District No. 118 v. Danville Education Ass'n neutral | 1 | 1979–1979 |
| Board of Trustees of Community College District No. 508 v. Cook County College Teachers Union Local 1600 green | 1 | 1979–1979 |
| People v. Kenney green | 1 | 1979–1979 |
| Phillips v. Board of Education green | 1 | 1978–1978 |
| City of Pana v. Crowe green | 1 | 1978–1978 |
| Board of Education of Community Unit School District No. 2 v. Redding green | 1 | 1978–1978 |
| Board of Education of Kankakee School District No. III v. Kankakee Federation of Teachers Local No. 886 green | 1 | 1978–1978 |
| People v. Morgan green | 1 | 1977–1977 |
| Barr v. Matteo green | 1 | 1976–1976 |
| Fracasse v. Brent green | 1 | 1973–1973 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.