section 2 constitutional limitations (Illinois) · Go Syfert
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section 2 constitutional limitations in Illinois

55 Illinois opinions name it 2 courts 1943–2026 4 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.

Followed or applied (18)

CaseFollowedCited
Berry v. G. D. Searle & Co.green
ill · 1974 · cited in 3 Illinois opinions naming this issue, 1998–2000
2 sentences

2000Searle & Co. , 56 Ill. 2d 548, 554 (1974) (the statute of limitations in section 2--725(1) of the UCC applies to actions for personal injury predicated upon a theory of breach of warranty under the UCC).

2000Searle & Co., 56 Ill. 2d 548, 554 (1974) (the statute of limitations in section 2 — 725(1) of the UCC applies to actions for personal injury predicated upon a theory of breach of warranty under the UCC).

23
People v. Davisgreen
ill · 1993 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008The State argues that the judgment was voidable, not void, and that defendant has not shown any statutory exceptions to the limitations period in section 2 — 1401(c). “ ‘Whether a judgment is void or voidable presents a question of jurisdiction.’ People v. Davis, 156 Ill. 2d 149, 155 (1993).

2008The State argues that the judgment was voidable, not void, and that defendant has not shown any statutory exceptions to the limitations period in section 2--1401(c). " 'Whether a judgment is void or voidable presents a question of jurisdiction.' People v. Davis, 156 Ill. 2d 149, 155 (1993).

22
People v. Raczkowskigreen
illappct · 2005 · cited in 2 Illinois opinions naming this issue, 2008–2008
2 sentences

2008A judgment is void (as opposed to voidable) only if the court that entered it lacked jurisdiction.” People v. Raczkowski, 359 Ill.

2008A judgment is void (as opposed to voidable) only if the court that entered it lacked jurisdiction." People v. Raczkowski, 359 Ill.

22
Hermitage Corp. v. Contractors Adjustment Co.green
ill · 1995 · cited in 2 Illinois opinions naming this issue, 2003–2003
2 sentences

2003Hermitage Corp. v. Contractors Adjustment Co. , 166 Ill. 2d 72, 84-85 (1995).

2003Hermitage Corp. v. Contractors Adjustment Co., 166 Ill. 2d 72, 84-85 (1995).

22
People v. McLaughlingreen
illappct · 2001 · cited in 2 Illinois opinions naming this issue, 2002–2002
2 sentences

2002To make a successful showing of fraudulent concealment, the defendant must “allege facts demonstrating that his opponent affirmatively attempted to prevent the discovery of the purported grounds for relief and must offer factual allegations demonstrating his good faith and reasonable diligence in trying to uncover such matters before trial or within the limitations period.” People v. McLaughlin, 324 Ill.

2002To make a successful showing of fraudulent concealment, the defendant must “allege facts demonstrating that his opponent affirmatively attempted to prevent the discovery of the purported grounds for relief and must offer factual allegations demonstrating his good faith and reasonable diligence in trying to uncover such matters before trial or within the limitations period.” People v. McLaughlin , 324 Ill.

22
Nelligan v. Tom Chaney Motors, Inc.green
illappct · 1985 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See, e.g ., Moorman Manufacturing Co. v. National Tank Co. , 91 Ill. 2d 69, 94 (1982) (four-year statute of limitations applicable to all breach of warranty claims); Nelligan v. Tom Chaney Motors, Inc. , 133 Ill.

2000See, e.g., Moorman Manufacturing Co. v. National Tank Co., 91 Ill. 2d 69, 94 (1982) (four-year statute of limitations applicable to all breach of warranty claims); Nelligan v. Tom Chaney Motors, Inc., 133 Ill.

22
Moorman Manufacturing Co. v. National Tank Co.green
ill · 1982 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See, e.g ., Moorman Manufacturing Co. v. National Tank Co. , 91 Ill. 2d 69, 94 (1982) (four-year statute of limitations applicable to all breach of warranty claims); Nelligan v. Tom Chaney Motors, Inc. , 133 Ill.

2000See, e.g., Moorman Manufacturing Co. v. National Tank Co., 91 Ill. 2d 69, 94 (1982) (four-year statute of limitations applicable to all breach of warranty claims); Nelligan v. Tom Chaney Motors, Inc., 133 Ill.

22
Durham v. MICHAEL RESSE HOSP. FOUNDATIONgreen
illappct · 1993 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001For instance, in Durham v. Michael Reese Hospital, 254 Ill.App.3d 492, 495 , 193 Ill. Dec. 908 , 627 N.E.2d 67 (1993), the plaintiff filed a wrongful death action predicated on medical malpractice within two years of her husband's death.

2001For instance, in Durham v. Michael Reese Hospital, 254 Ill.App.3d 492, 495 , 193 Ill. Dec. 908 , 627 N.E.2d 67 (1993), the plaintiff filed a wrongful death action predicated on medical malpractice within two years of her husband's death.

12
Crowell v. Bilandicgreen
ill · 1980 · cited in 2 Illinois opinions naming this issue, 1988–1989
2 sentences

1989(See Crowell v. Bilandic (1980), 81 Ill. 2d 422, 427 , 411 N.E.2d 16 .) Accordingly, we hold that the two-year limitations period in section 2—1401 may be waived.

1989(See Crowell v. Bilandic (1980), 81 Ill. 2d 422, 427 , 411 N.E.2d 16 .) Accordingly, we hold that the two-year limitations period in section 2—1401 may be waived.

12
Johnson v. United Airlinesgreen
ill · 2003 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Johnson v. United Airlines, 203 Ill. 2d 121, 128 (2003).

11
Home Insurance v. Cincinnati Insurancegreen
ill · 2004 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022Home Insurance Co. v. Cincinnati Insurance Co., 213 Ill. 2d 307, 315 (2004). ¶ 17 In conducting our review of the trial court’s summary-judgment ruling in this case, we must consider the interaction, if any, between two sections of the Illinois Estate Tax Act, section 2(b-1), which contains the QTIP provision, and section 7, which contains the amendment provision.

11
In Re SGgreen
ill · 1997 · cited in 1 Illinois opinions naming this issue, 2008–2008
2 sentences

2008S.G., 175 Ill. 2d at 496 , 677 N.E.2d at 932 (McMorrow, J., dissenting, joined by Heiple, C.J., and Miller, J.).

2008S.G., 175 Ill. 2d at 496 , 677 N.E.2d at 932 (McMorrow, J., dissenting, joined by Heiple, C.J., and Miller, J.).

11
People v. Gosiergreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2007–2007
1 sentence

2007People v. Gosier, 205 Ill. 2d 198, 206 (2001).

11
People v. Harveygreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2001–2001
11
People v. Rossgreen
illappct · 1989 · cited in 1 Illinois opinions naming this issue, 2001–2001
11
Kokinis v. Kotrichgreen
ill · 1980 · cited in 1 Illinois opinions naming this issue, 1997–1997
11
In Re Application of County Collectorgreen
illappct · 1977 · cited in 1 Illinois opinions naming this issue, 1994–1994
11
Zacny v. Sasykgreen
illappct · 1975 · cited in 1 Illinois opinions naming this issue, 1991–1991
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (37)

CaseCitedYears
A.E.I. Music Network, Inc. v. Business Computers, Inc. green
ca7 · 2002
2 sentences

2013Music Network, 290 F.3d at 954 . ¶ 31 The Seventh Circuit declined to follow Shaw Industries, holding that the statute of limitations in section 2 of the Bond Act applies only to a suit on the bond; and where no bond is procured, a suit on the bond is impossible.

2013Music Network, Inc. v. Business Computers, Inc., 290 F.3d 952 (7th Cir. 2002), the Seventh Circuit suggested that the applicability of section 2’s limitations period “has divided Illinois’s intermediate appellate court.” A.E.I.

32004–2013
Pearson Brothers Co. v. Allen green
illappct · 1985
2 sentences

2001To disregard the limitation of section 2(e) each time it might seem fair to do so would cause intolerable confusion.” Pearson Brothers, 131 Ill.

2001To disregard the limitation of section 2(e) each time it might seem fair to do so would cause intolerable confusion." Pearson Brothers , 131 Ill.

31991–2001
Eickmeyer v. Blietz Organization, Inc. green
illappct · 1996
2 sentences

2004Although this court is not bound by federal decisions (see Eickmeyer v. Blietz Organization, Inc., 284 Ill.

2004Although this court is not bound by federal decisions (see Eickmeyer v. Blietz Organization, Inc. , 284 Ill.

22004–2004
Shaw Industries, Inc. v. Community College District No. 515 green
illappct · 2000
2 sentences

2004Accordingly, the trial court did not err in dismissing the plaintiff’s complaint with prejudice.” Shaw Industries, 318 Ill.

2004Accordingly, the trial court did not err in dismissing the plaintiff's complaint with prejudice." Shaw Industries , 318 Ill.

22004–2004
Concrete Structures of the Midwest, Inc., a Corporation v. Fireman's Insurance Company of Newark, New Jersey, a Corporation green
ca7 · 1986
2 sentences

2000Concrete Structures, 790 F.2d at 42 .

2000Concrete Structures , 790 F.2d at 42 .

22000–2000
Guerrero v. Sebastian Contracting Corp. green
illappct · 2001
1 sentence

2026Id. at 38 . ¶ 23 In response, FCL maintains that Dixon is distinguishable due to the below passage in which the Dixon court attempted to summarize a thinly presented argument: “North Western essentially provides no argument as to why section 2(e) would not apply here, except to say that applying it ignores the ‘dilemma’ North Western was put in by the dismissal of its contribution counterclaim.

12026–2026
People v. Miles green
illappct · 2017
1 sentence

2023The trial court dismissed defendant’s section 2-1401 petition without an evidentiary hearing, so our review is de novo (see id.), meaning that we perform the same analysis as the trial court (see People v. Miles, 2017 IL App (1st) 132719, ¶ 19 ). ¶ 30 The State raises three potential procedural bars to defendant’s section 2-1401 petition; namely, that defendant (1) filed his petition after the two-year limitations period of section 2- 1401(c), (2) forfeited his challenge to his sentence by failing to raise it during postconviction proceedings, and (3) failed to establish that he acted with due

12023–2023
People v. Thompson green
ill · 2016
1 sentence

2020Then, “[s]everal weeks after deciding Castleberry, the supreme court in [People v. Thompson, 2015 IL 118151 ,] addressed a voidness challenge under section 2- 1401.

12020–2020
Real v. Kim green
illappct · 1983
2 sentences

2016“The plain language of section 1 provides that there will be no liability under the Wrongful Death Act unless the decedent could have maintained an action for damages ‘if death had not ensued [citation],’ and the supreme court has consistently 17 1-14-3189 acknowledged and given effect to this unambiguous provision.” (Emphasis added.) Id. (quoting Ill.

2016As to the wrongful death claim, the court noted that the plaintiff misapprehended the distinction between the two-year limitations period under section 2 of the Wrongful Death Act and “the fact that there is no liability under the Act unless the condition precedent specified by section 1 has been fulfilled.” Id. at 432 .

12016–2016
People v. Jaqueline M. green
illappct · 2008
1 sentence

2010Specifically, we understand the State’s position to be a concession that “the State failed to prove that a safety plan existed, that respondent understood it, or that respondent violated it.” 382 Ill.

12010–2010
In Re Marriage of Morreale green
illappct · 2004
1 sentence

2008In re Marriage of Morreale, 351 Ill.

12008–2008
People v. McClure neutral
illappct · 2005
1 sentence

2006We allowed the State’s petition for leave to appeal after the appellate court reversed the circuit court of Tazewell County’s judgment and determined that section 13 — 217 of the Code of Civil Procedure tolled the limitations period of section 2 — 118.1(b) of the Vehicle Code. 355 Ill.

12006–2006
Bernier v. Burris green
ill · 1986
2 sentences

2005We therefore find that Knauerhaze has failed to meet his burden of “clearly establishing fa] constitutional violation.” Bernier, 113 Ill. 2d at 227 , 497 N.E.2d at 767 .

2005We therefore find that Knauerhaze has failed to meet his burden of “clearly establishing fa] constitutional violation.” Bernier, 113 Ill. 2d at 227 , 497 N.E.2d at 767 .

12005–2005
Nowalski v. Ford Motor Co. green
illappct · 2002
1 sentence

2004Nowalski, 335 Ill.

12004–2004
Broadnax v. Morrow green
illappct · 2002
1 sentence

2004Broadnax v. Morrow, 326 Ill.

12004–2004
In Re Marriage of Stefiniw green
illappct · 1993
1 sentence

2003Sarkissian, 201 Ill. 2d at 104 , 776 N.E.2d at 201-02 ; In re Marriage of Stefiniw, 253 Ill.

12003–2003
Sarkissian v. Chicago Board of Education green
ill · 2002
2 sentences

2003Sarkissian, 201 Ill. 2d at 104 , 776 N.E.2d at 201-02 ; In re Marriage of Stefiniw, 253 Ill.

2003Sarkissian, 201 Ill. 2d at 104 , 776 N.E.2d at 201-02 ; In re Marriage of Stefiniw, 253 Ill.

12003–2003
Lipinski v. Martin J. Kelly Oldsmobile, Inc. green
illappct · 2001
12002–2002
DeSalvo v. Industrial Commission neutral
illappct · 1999
12001–2001
Best v. Taylor MacHine Works green
ill · 1997
11999–1999
Reynolds v. Burns green
ill · 1960
11998–1998
Crown, Cork & Seal Co. v. Parker green
scotus · 1983
11997–1997
American Pipe & Construction Co. v. Utah green
scotus · 1974
11997–1997
Cohen v. Wood Bros. Steel Stamping Co. green
illappct · 1991
11994–1994
Choate v. Unknown Heirs of Cole neutral
illappct · 1981
11994–1994
Swinford v. Roper green
ill · 1945
11991–1991
Village of Franklin Park v. Ogilvie green
illappct · 1982
11991–1991
Theodorakakis v. Kogut green
illappct · 1990
11990–1990
Dils v. City of Chicago green
illappct · 1978
11990–1990
Parrish v. Glen Ellyn Savings & Loan Ass'n green
illappct · 1990
11990–1990
Chestnut v. Adeli green
illappct · 1985
11988–1988
Eisenmann v. Cantor Bros., Inc. green
ilnd · 1983
11985–1985
Heimgaertner v. Benjamin Electric Manufacturing Co. green
ill · 1955
11984–1984
People Ex Rel. Carey v. Bentivenga green
ill · 1981
11984–1984
People v. Bradley green
ill · 1980
11984–1984
Chicago & Southern Airlines, Inc. v. Volpar, Inc. green
illappct · 1977
11980–1980
The People v. Moe neutral
ill · 1942
11943–1943

Statutes the citing opinions construe

USC § 15u.s.c.2301 (6) IL § 30 ILCS 550/1 (5) IL § 30 ILCS 550/2 (5) IL § 725 ILCS 5/122-1 (4) IL § 735 ILCS 5/2-1401 (4) IL § 735 ILCS 5/2-619 (4) IL § 740 ILCS 100/2 (4) IL § 740 ILCS 180/0.01 (3) IL § 740 ILCS 180/1 (3) IL § 740 ILCS 180/2 (3) IL § 770 ILCS 60/23 (3) IL § 815 ILCS 710/1 (3)

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.

Where else courts name it

IL 55 (1943–2026) MI 15 (2001–2022) KY 9 (1996–2023) OH 8 (1950–2002) CA 7 (1943–2024) NV 7 (2012–2021) OK 6 (1970–2015) PA 5 (1989–2008) FL 5 (1936–1993) TX 4 (1971–2003) OR 4 (1920–2005) WA 4 (1938–2020) MT 4 (1958–2016) NY 4 (1941–2024) MO 3 (1912–2018) MA 3 (2007–2014) IA 2 (1978–2025) NM 2 (1969–2024) WI 2 (2017–2017)

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.

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