viability claim (Illinois) · Go Syfert
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viability claim in Illinois

36 Illinois opinions name it 2 courts 1978–2026 5 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 (19)

CaseFollowedCited
People v. Colongreen
ill · 2007 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018See People v. Colon, 225 Ill. 2d 125, 146 (2007) (explaining that every departure from stare decisis must be “specially justified” (internal quotation marks omitted)).

2017See People v. Colon , 225 Ill. 2d 125 , 146, 310 Ill.Dec. 396 , 866 N.E.2d 207 (2007) (explaining that every departure from stare decisis must be "specially justified" (internal quotation marks omitted)).

22
Wilson v. Norfolk & Western Railway Co.green
ill · 1999 · cited in 5 Illinois opinions naming this issue, 2004–2012
2 sentences

2012Also, because Illinois federal district courts are bound by Seventh Circuit precedent, we tend to give greater weight to Seventh Circuit cases to “avoid[ ] the anomalous situation of two -6- contrary results being obtainable depending on where the case is filed in Illinois.” Id. at 383 (“[W]ere we to adopt a rule contrary to that of the Seventh Circuit, *** the viability of a claim [under a given federal statute] could turn on whether the action was filed in federal or state court.”).

2004Wilson, 187 Ill. 2d at 383 , 718 N.E.2d at 179 .

15
Gipson v. Kaseygreen
ariz · 2007 · cited in 2 Illinois opinions naming this issue, 2018–2018
2 sentences

2018Quiroz v. Alcoa, Inc. , 240 Ariz. 517 , 382 P.3d 75 , 79 (App. 2016); Guerra v. State , 237 Ariz. 183 , 348 P.3d 423 , 425 (2015) ; Gipson v. Kasey , 214 Ariz. 141 , 150 P.3d 228 , 231-32 (2007). ¶ 33 As noted, at least for purposes of this appeal, Motorola concedes the viability of a claim by the offspring of a female employee exposed to toxic chemicals in the workplace.

2018Quiroz v. Alcoa, Inc. , 240 Ariz. 517 , 382 P.3d 75 , 79 (App. 2016); Guerra v. State , 237 Ariz. 183 , 348 P.3d 423 , 425 (2015) ; Gipson v. Kasey , 214 Ariz. 141 , 150 P.3d 228 , 231-32 (2007). ¶ 33 As noted, at least for purposes of this appeal, Motorola concedes the viability of a claim by the offspring of a female employee exposed to toxic chemicals in the workplace.

12
Quiroz v. Alcoa Inc.green
arizctapp · 2016 · cited in 2 Illinois opinions naming this issue, 2018–2018
2 sentences

2018Quiroz v. Alcoa, Inc. , 240 Ariz. 517 , 382 P.3d 75 , 79 (App. 2016); Guerra v. State , 237 Ariz. 183 , 348 P.3d 423 , 425 (2015) ; Gipson v. Kasey , 214 Ariz. 141 , 150 P.3d 228 , 231-32 (2007). ¶ 33 As noted, at least for purposes of this appeal, Motorola concedes the viability of a claim by the offspring of a female employee exposed to toxic chemicals in the workplace.

2018Quiroz v. Alcoa, Inc. , 240 Ariz. 517 , 382 P.3d 75 , 79 (App. 2016); Guerra v. State , 237 Ariz. 183 , 348 P.3d 423 , 425 (2015) ; Gipson v. Kasey , 214 Ariz. 141 , 150 P.3d 228 , 231-32 (2007). ¶ 33 As noted, at least for purposes of this appeal, Motorola concedes the viability of a claim by the offspring of a female employee exposed to toxic chemicals in the workplace.

12
April Abigail Guerra v. State of Arizonagreen
ariz · 2015 · cited in 2 Illinois opinions naming this issue, 2018–2018
2 sentences

2018Quiroz v. Alcoa, Inc. , 240 Ariz. 517 , 382 P.3d 75 , 79 (App. 2016); Guerra v. State , 237 Ariz. 183 , 348 P.3d 423 , 425 (2015) ; Gipson v. Kasey , 214 Ariz. 141 , 150 P.3d 228 , 231-32 (2007). ¶ 33 As noted, at least for purposes of this appeal, Motorola concedes the viability of a claim by the offspring of a female employee exposed to toxic chemicals in the workplace.

2018Quiroz v. Alcoa, Inc. , 240 Ariz. 517 , 382 P.3d 75 , 79 (App. 2016); Guerra v. State , 237 Ariz. 183 , 348 P.3d 423 , 425 (2015) ; Gipson v. Kasey , 214 Ariz. 141 , 150 P.3d 228 , 231-32 (2007). ¶ 33 As noted, at least for purposes of this appeal, Motorola concedes the viability of a claim by the offspring of a female employee exposed to toxic chemicals in the workplace.

12
Behl v. Gingerichgreen
illappct · 2009 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025In Behl v. Gingerich, 396 Ill.

11
Lopez v. Clifford Law Offices, P.C.green
illappct · 2005 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024Under this doctrine, the “duty of care shifts from the original attorney to the successor *** provided that the successor had the opportunity to undo or avert the harm precipitated by the actions or omissions of the original attorney.” Lopez v. Clifford Law Offices, P.C., 362 Ill.

11
People v. Whitfieldgreen
ill · 2005 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024See Whitfield, 217 Ill. 2d at 184 (discussing Boykin v. Alabama, 395 U.S. 238 (1969)).

11
Boykin v. Alabamagreen
scotus · 1969 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024See Whitfield, 217 Ill. 2d at 184 (discussing Boykin v. Alabama, 395 U.S. 238 (1969)).

11
Adler v. Greenfieldgreen
illappct · 2013 · cited in 1 Illinois opinions naming this issue, 2016–2016
1 sentence

2016App. 3d 713, 717 (1997) (holding that “[t]he only context in which a client’s death might affect the viability of the privilege is a will contest”); DeHart v. DeHart, 2013 IL 114137, ¶ 69 (holding that the attorney-client privilege does not survive the client’s death with respect to a will); Adler v. Greenfield, 2013 IL App (1st) 121066, ¶ 62 (holding that “the attorney-client privilege survives the death of the client, except in the case of a will contest” (citing Hitt, 285 Ill.

11
DeHart v. DeHartgreen
ill · 2013 · cited in 1 Illinois opinions naming this issue, 2016–2016
1 sentence

2016App. 3d 713, 717 (1997) (holding that “[t]he only context in which a client’s death might affect the viability of the privilege is a will contest”); DeHart v. DeHart, 2013 IL 114137, ¶ 69 (holding that the attorney-client privilege does not survive the client’s death with respect to a will); Adler v. Greenfield, 2013 IL App (1st) 121066, ¶ 62 (holding that “the attorney-client privilege survives the death of the client, except in the case of a will contest” (citing Hitt, 285 Ill.

11
DeSMET EX REL. v. County of Rock Islandgreen
ill · 2006 · cited in 1 Illinois opinions naming this issue, 2012–2012
1 sentence

2012This court explicitly questioned the viability of the rule in DeSmet v. County of Rock Island, 219 Ill. 2d 497, 508-09 (2006), while ultimately determining that it was unnecessary to resolve the question because a provision of the Tort Immunity Act applied.

11
Robinson v. Toyota Motor Credit Corp.green
ill · 2002 · cited in 1 Illinois opinions naming this issue, 2011–2011
1 sentence

2011Robinson v. Toyota Motor Credit Corp., 201 Ill. 2d 403, 417-18 (2002).

11
Cleary v. Philip Morris, Inc.green
illappct · 2000 · cited in 1 Illinois opinions naming this issue, 2009–2009
1 sentence

2009See Cleary v. Philip Morris, Inc., 312 Ill.

11
Phillips v. Chasegreen
mass · 1909 · cited in 1 Illinois opinions naming this issue, 1997–1997
2 sentences

1997Rice § 2:6, at 70-71; see also Glover v. Patten, 165 U.S. 394, 406-08 , 17 S.Ct. 411, 416 , 41 L.Ed. 760, 767-68 (1897); Wilkinson v. Service, 249 Ill. 146, 150-51 , 94 N.E. 50, 52 (1911); Fossler v. Schriber, 38 Ill. 172, 173-74 (1865); Phillips v. Chase, 201 Mass. 444, 449 , 87 N.E. 755, 757-58 (1909).

1997Rice § 2:6, at 70-71; see also Glover v. Patten, 165 U.S. 394, 406-08 , 17 S.Ct. 411, 416 , 41 L.Ed. 760, 767-68 (1897); Wilkinson v. Service, 249 Ill. 146, 150-51 , 94 N.E. 50, 52 (1911); Fossler v. Schriber, 38 Ill. 172, 173-74 (1865); Phillips v. Chase, 201 Mass. 444, 449 , 87 N.E. 755, 757-58 (1909).

11
Glover v. Pattengreen
scotus · 1897 · cited in 1 Illinois opinions naming this issue, 1997–1997
2 sentences

1997Rice § 2:6, at 70-71; see also Glover v. Patten, 165 U.S. 394, 406-08 , 41 L.

1997Rice § 2:6, at 70-71; see also Glover v. Patten, 165 U.S. 394, 406-08 , 41 L.

11
Fossler v. Schribergreen
ill · 1865 · cited in 1 Illinois opinions naming this issue, 1997–1997
1 sentence

1997Rice § 2:6, at 70-71; see also Glover v. Patten, 165 U.S. 394, 406-08 , 17 S.Ct. 411, 416 , 41 L.Ed. 760, 767-68 (1897); Wilkinson v. Service, 249 Ill. 146, 150-51 , 94 N.E. 50, 52 (1911); Fossler v. Schriber, 38 Ill. 172, 173-74 (1865); Phillips v. Chase, 201 Mass. 444, 449 , 87 N.E. 755, 757-58 (1909).

11
Wilkinson v. Servicegreen
ill · 1911 · cited in 1 Illinois opinions naming this issue, 1997–1997
2 sentences

1997Rice § 2:6, at 70-71; see also Glover v. Patten, 165 U.S. 394, 406-08 , 17 S.Ct. 411, 416 , 41 L.Ed. 760, 767-68 (1897); Wilkinson v. Service, 249 Ill. 146, 150-51 , 94 N.E. 50, 52 (1911); Fossler v. Schriber, 38 Ill. 172, 173-74 (1865); Phillips v. Chase, 201 Mass. 444, 449 , 87 N.E. 755, 757-58 (1909).

1997Rice § 2:6, at 70-71; see also Glover v. Patten, 165 U.S. 394, 406-08 , 17 S.Ct. 411, 416 , 41 L.Ed. 760, 767-68 (1897); Wilkinson v. Service, 249 Ill. 146, 150-51 , 94 N.E. 50, 52 (1911); Fossler v. Schriber, 38 Ill. 172, 173-74 (1865); Phillips v. Chase, 201 Mass. 444, 449 , 87 N.E. 755, 757-58 (1909).

11
Webster v. Reproductive Health Servicesgreen
scotus · 1989 · cited in 1 Illinois opinions naming this issue, 1993–1993
2 sentences

1993Ed. 2d at 441 , 109 S. Ct. at 3061 (O’Connor, J., concurring in part and concurring in the judgment).) In support of preserving the viability standard of Roe, Justice Blackmun, joined by Justices Brennan and Marshall, states in his partial concurrence and partial dissent from Webster that viability occurs no earlier than 23 weeks.

1993(Webster, 492 U.S. at 553-54 , 106 L.

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 (13)

CaseCitedYears
Hitt v. Stephens green
illappct · 1997
2 sentences

2016App. 3d 713, 717 (1997) (holding that “[t]he only context in which a client’s death might affect the viability of the privilege is a will contest”); DeHart v. DeHart, 2013 IL 114137, ¶ 69 (holding that the attorney-client privilege does not survive the client’s death with respect to a will); Adler v. Greenfield, 2013 IL App (1st) 121066, ¶ 62 (holding that “the attorney-client privilege survives the death of the client, except in the case of a will contest” (citing Hitt, 285 Ill.

2013“The only context in which a client’s death might affect the viability of the privilege is a will contest. [Citations.] The theory underlying this limited exception is that a decedent would (if one could ask him) waive the privilege in order that the distribution scheme he actually intended be put into effect.” Hitt, 285 Ill.

32012–2016
Chrisafogeorgis v. Brandenberg green
ill · 1973
2 sentences

2008The court stated that "the appropriate line of demarcation" for allowing a wrongful death claim for an unborn child is "the time at which a child is capable of being delivered and remaining alive separate from and independent of the mother." Chrisafogeorgis, 55 Ill. 2d at 374-75 . 5 1-05-3202 However, in 1980 our General Assembly amended the Wrongful Death Act by adding section 2.2, which eliminated the viability requirement of Chrisafogeorgis.

1991(Chrisafogeorgis, 55 Ill. 2d at 374-75 .) In 1980, the legislature amended the Act by adding section 2.2, which eliminates the viability requirement of Chrisafogeorgis.

31978–2008
Braye v. Archer-Daniels-Midland Co. green
ill · 1997
2 sentences

2007They argue "that a claim under a contract may be for greater relief than one under the Contribution Act." This freedom of contract position taken by Baker/LPWA fails to recognize that the supreme court grounded its decisions in Braye and Liccardi, regarding "discretionary 11 No. 1-05-3567 business decisions made by an employer" that may result in a decision to relinquish the protections of the Workers' Compensation Act, on its determination that such decisions do "not violate the terms or policy of the Act." Braye, 175 Ill. 2d at 212 .

2007They argue “that a claim under a contract may be for greater relief than one under the Contribution Act.” This freedom of contract position taken by Baker/LPWA fails to recognize that the supreme court grounded its decisions in Braye and Liccardi, regarding “discretionary business decisions made by an employer” that may result in a decision to relinquish the protections of the Workers’ Compensation Act, on its determination that such decisions do “not violate the terms or policy of the Act.” Braye, 175 Ill. 2d at 212 .

22007–2007
People v. Bickham green
ill · 1982
2 sentences

2002In People v. Bickham, 89 Ill.2d 1 , 59 Ill.Dec. 80 , 431 N.E.2d 365 (1982), a grand jury issued two subpoenas duces tecum to a doctor for the medical records of 63 patients.

2002In People v. Bickham, 89 Ill.2d 1 , 59 Ill.Dec. 80 , 431 N.E.2d 365 (1982), a grand jury issued two subpoenas duces tecum to a doctor for the medical records of 63 patients.

22002–2002
Eizenga v. Unity Christian School of Fulton, Illinois green
illappct · 2016
2 sentences

2026There, the trustee filed an interpleader action, alleging the settlor’s attorney exerted undue influence on the settlor, which resulted in the settlor gifting “nearly the entirety of the Trust estate to Unity Christian School.” Eizenga, 2016 IL App (3d) 150519, ¶ 1 .

2026App. 3d at 717 (“The only context in which a client’s death might affect the viability of the privilege is a will contest.”). ¶ 17 The first and only time a court applied the testamentary exception outside a will contest occurred in Eizenga v. Unity Christian School of Fulton, Illinois, 2016 IL App (3d) 150519 , a case involving a challenge to an inter vivos trust.

12026–2026
Lewis v. Lead Industries Ass'n green
ill · 2020
1 sentence

2026Lewis, 2020 IL 124107, ¶ 20 .

12026–2026
Henderson v. Morgan green
scotus · 1976
1 sentence

2020Without adequate notice of the nature of the charge against him, or proof that he in fact understood the charge, the plea cannot be voluntary in this latter sense.” Henderson v. Morgan, 426 U.S. 637 , 645 n.13 (1976). ¶ 21 In light of the above, we must examine the effect of defendant’s guilty plea on the viability of his claim that plea counsel was ineffective for failing to “conduct any investigation into self-defense.” According to Whitfield, defendant must establish his guilty plea was not entered into voluntarily in order to avoid a forfeiture of any claimed error preceding his guilty ple

12020–2020
Mettelka v. Superior Court green
calctapp · 1985
2 sentences

1993He relies, however, on the case of Mettelka v. Superior Court (1985), 173 Cal. App. 3d 1245 , 219 Cal. Rptr. 697 , as authority for the viability of such a claim.

1993He relies, however, on the case of Mettelka v. Superior Court (1985), 173 Cal. App. 3d 1245 , 219 Cal. Rptr. 697 , as authority for the viability of such a claim.

11993–1993
Stephens v. McBride green
ill · 1983
2 sentences

1992As this court has recently reaffirmed the viability of the doctrine of joint and several liability [citation], plaintiff gains nothing if defendant is permitted to recover contribution from the village." (Emphasis added.) Stephens, 97 Ill. 2d at 524-25 .

1992As this court has recently reaffirmed the viability of the doctrine of joint and several liability [citation], plaintiff gains nothing if defendant is permitted to recover contribution from the village. " (Emphasis added.) Stephens, 97 Ill.2d at 524-25 , 74 Ill.Dec. 24 , 455 N.E.2d 54 .

11992–1992
Smith v. Central Illinois Public Service Co. green
illappct · 1988
1 sentence

1990App. 3d 482, 488 , 531 N.E.2d 51, 55 .) Whether plaintiff here was paid or not therefore has no bearing on the viability of his claim against defendant.

11990–1990
Hoffman v. Allstate Insurance Co. green
illappct · 1980
1 sentence

1989Kohlmeier, agreeing with Hoffman v. Allstate Insurance Co. (1980), 85 Ill.

11989–1989
Moore v. Remington Arms Co. green
illappct · 1981
11985–1985
Wirth v. City of Highland Park green
illappct · 1981
11982–1982

Statutes the citing opinions construe

IL § 735 ILCS 5/2-615 (6) IL § 735 ILCS 5/2-1005 (4) IL § 815 ILCS 505/1 (4) USC § 45u.s.c.51 (4)

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

CA 47 (1970–2026) NY 43 (1971–2025) TX 39 (1978–2026) IL 36 (1978–2026) PA 25 (1976–2024) FL 22 (1985–2022) IA 17 (1990–2025) CT 17 (1977–2025) NJ 17 (1960–2026) MI 15 (1975–2025) GA 14 (1978–2025) MD 13 (1975–2026) MO 13 (1986–2020) AL 11 (1985–2018) LA 9 (1968–2026) VA 8 (1987–2024) MA 8 (1993–2025) MS 7 (1984–2022) OH 7 (1984–2025) NC 7 (2000–2021) TN 7 (1999–2011) VT 7 (1985–2013) WI 6 (1974–2013) NV 5 (1970–2021) CO 5 (1986–2018) WA 5 (1983–2020) AZ 5 (1984–2022) KS 5 (1981–2025) OK 4 (1989–2016) MN 4 (1994–2019) IN 4 (1999–2012) ND 4 (2000–2008) DE 4 (1993–2026) NM 4 (1995–2016) RI 4 (1980–2016) WY 4 (1986–1994) UT 3 (2003–2017) SC 3 (1993–2021) KY 3 (1998–2026) ME 3 (1976–2016) OR 3 (2016–2025) WV 2 (1982–1997) HI 2 (1980–1997) DC 2 (2008–2023)

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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