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

31 Illinois opinions name it 3 courts 1935–2024 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.

Followed or applied (3)

CaseFollowedCited
People v. $1,124,905 U.S. Currencygreen
ill · 1997 · cited in 3 Illinois opinions naming this issue, 1999–2011
2 sentences

2011Compare 725 ILCS 5/114-12(a) (West 2008) ("A defendant aggrieved by an unlawful search and seizure may move the court for the return of property."), with Fed.R.Crim.P. 41(g) ("A person aggrieved by an unlawful search and seizure of property * * * may move for the property's return."); see also People v. $1,124,905 U.S. Currency, 177 Ill.2d 314, 340, 341 , 226 Ill.Dec. 627 , 685 N.E.2d 1370 (1997) (a claimant's section 2-615 motion to dismiss challenging the legal sufficiency of the State's allegations of probable cause that are apparent on the face of the complaint provides an early opportunit

2011Compare 725 ILCS 5/114-12(a) (West 2008) ("A defendant aggrieved by an unlawful search and seizure may move the court for the return of property."), with Fed.R.Crim.P. 41(g) ("A person aggrieved by an unlawful search and seizure of property * * * may move for the property's return."); see also People v. $1,124,905 U.S. Currency, 177 Ill.2d 314, 340, 341 , 226 Ill.Dec. 627 , 685 N.E.2d 1370 (1997) (a claimant's section 2-615 motion to dismiss challenging the legal sufficiency of the State's allegations of probable cause that are apparent on the face of the complaint provides an early opportunit

23
Fleming v. Industrial Commissiongreen
ill · 1983 · cited in 1 Illinois opinions naming this issue, 2001–2001
2 sentences

2001In Fleming v. Industrial Comm’n, 95 Ill. 2d 329, 333 , 447 N.E.2d 819, 821 (1983), also cited by claimant, the supreme court held that an award to a claimant for his hearing loss was not precluded merely because claimant continued to be exposed to the disabling cause.

2001In Fleming v. Industrial Comm’n, 95 Ill. 2d 329, 333 , 447 N.E.2d 819, 821 (1983), also cited by claimant, the supreme court held that an award to a claimant for his hearing loss was not precluded merely because claimant continued to be exposed to the disabling cause.

11
Wills v. Stategreen
ilclaimsct · 1982 · cited in 1 Illinois opinions naming this issue, 1991–1991
1 sentence

1991See Willis v. State of Illinois (1982), 35 Ill.

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 (30)

CaseCitedYears
Krimstock v. Kelly green
ca2 · 2002
2 sentences

2011First, it stated that Von Neumann addressed the "different issue of what process was due in proceedings for remission or mitigation under U.S. customs laws when a claimant could challenge the seizure of his or her property in judicial forfeiture proceedings." Krimstock, 306 F.3d at 52 n. 12.

2011First, it stated that Von Neumann addressed the “different issue of what process was due in proceedings for remission or mitigation under U.S. customs laws when a claimant could challenge the seizure of his or her property in judicial forfeiture proceedings.” Krimstock, 306 F.3d at 52 n.12.

22011–2011
D. Mayer Landscaping, Inc. v. Industrial Commission green
illappct · 2002
2 sentences

2003Mayer, 328 Ill.

2003Mayer , 328 Ill.

22003–2003
Albert Mojonnier, Inc. v. Industrial Commission neutral
ill · 1968
2 sentences

1984The court stated, “Manpower apparently decided to stop at the Commission level and Mojonnier did not need to include Manpower in the praecipe for writ of certiorari.” ( 41 Ill. 2d 128, 132 .) In Mojonnier II, a similar factual situation was presented, and the court, without discussion, found Mojonnier I controlling.

1969Manpower apparently decided to stop at the Commission level and Mojonnier did not need to include Manpower in the praecipe for writ of certiorari 41 Ill.2d at 132 .

21969–1984
Maki v. Frelk green
ill · 1968
2 sentences

1975The contributory negligence rule was carefully reconsidered and reaffirmed by the Illinois Supreme Court in Maki v. Frelk, 40 Ill.2d 193 .

1973The contributory negligence rule was carefully reconsidered and reaffirmed by the Illinois Supreme Court in Maki v. Frelk, 40 Ill.2d 193 (1968).

21973–1975
Leach v. Department of Employment Security green
illappct · 2020
1 sentence

2024Id. ¶ 17 If the claimant files a claim certification more than two weeks but less than one year late, IDES will still process the claim if the claimant shows: “1) The individual’s unawareness of his or her rights under the Act; 2) Failure of either the employing unit or [IDES] to discharge its responsibilities or obligations under the Act or the rules; 3) Any act of any employing unit in coercing, warning or instructing the individual not to pursue his or her benefit rights; or 4) Other circumstances beyond the individual’s control if the claimant shows he or she filed his or her claim within

12024–2024
Liquidation of Pine Top Insurance v. Shapo green
illappct · 2001
2 sentences

2023Id. ¶ 55 On appeal, this court framed the question as “whether a claimant whose claim is allowed against an insolvent insurance company in liquidation proceedings under Article XIII of the Insurance Code is entitled to interest on its claim pursuant to section 2-1303 of the Code of Civil - 27 - No. 1-21-1370 Procedure, payable at the same priority level as the claim itself.” Id. at 699 .

2023Id. ¶ 55 On appeal, this court framed the question as “whether a claimant whose claim is allowed against an insolvent insurance company in liquidation proceedings under Article XIII of the Insurance Code is entitled to interest on its claim pursuant to section 2-1303 of the Code of Civil - 27 - No. 1-21-1370 Procedure, payable at the same priority level as the claim itself.” Id. at 699 .

12023–2023
Wenetsky v. State neutral
ilclaimsct · 1993
1 sentence

1998In Wenetsky v. State (1993), 45 Ill.

11998–1998
Heimann v. State neutral
ilclaimsct · 1977
2 sentences

1998In the Heimann case, supra, Claimant’s claim was denied by this Court based on a lack of evidence to show that Respondent had actual or constructive notice of the existence of the alleged defect. ( 32 Ill.

1998Ct. Cl. 111, 113 .) This Court noted that the Claimant in the Heimann case offered no evidence to prove the time that the defect in the walkway existed, and from the photographs in evidence, the Court determined that the defect was not of such an obvious character as to put the State on notice of its existence. 32 Ill.

11998–1998
In re DeBartolo neutral
ilclaimsct · 1982
1 sentence

1995Claimant’s brief relies upon In re Application of Michael DeBartolo (1984), 36 Ill.

11995–1995
In re Hutcherson neutral
ilclaimsct · 1985
1 sentence

1995In re Application of Hutcherson (1985), 37 Ill.

11995–1995
Lyons v. State neutral
ilclaimsct · 1987
1 sentence

1994In Lyons v. State (1987), 39 Ill.

11994–1994
Turner v. Chicago Transit Authority green
illappct · 1984
1 sentence

1991In its brief, Respondent cites Turner v. Chicago Transit Authority (1984), 122 Ill.

11991–1991
Egizii Electric, Inc. v. State neutral
ilclaimsct · 1978
1 sentence

1991The Respondent does not contest Claimant’s claim for profits which were included in the foregoing amount of damages citing Egizii Electric v. State (1973), 32 Ill.

11991–1991
County of Cook v. State neutral
ilclaimsct · 1987
1 sentence

1987In addition, the Court has considered the oral arguments made on September 23, 1985, in reference to this case and a similar, but nonrelated, case, County of Cook v. State (1987), 40 Ill.

11987–1987
Riccitelli v. Sternfeld green
ill · 1953
2 sentences

1984(Riccitelli v. Steinfeld (1953), 1 Ill. 2d 133 , 115 N.E.2d 288 .) Nor is there a duty to remove natural accumulations of snow and ice.

1984(Riccitelli v. Steinfeld (1953), 1 Ill. 2d 133 , 115 N.E.2d 288 .) Nor is there a duty to remove natural accumulations of snow and ice.

11984–1984
Toombs v. State green
ilclaimsct · 1977
1 sentence

1982In Toombs v. State (1977), 32 Ill.

11982–1982
Bovey v. State neutral
ilclaimsct · 1955
1 sentence

1981The evidence further discloses that the only warning signs were the customary “Bridge Slippery When Wet.” Claimant’s brief cites the case of Bovey v. State of Illinois, 22 Ill.

11981–1981
Coach Corp. v. State green
ilclaimsct · 1949
1 sentence

1979In Coach Corporation of Freeport v. State of Illinois, 18 Ill.

11979–1979
Fuller v. State neutral
ilclaimsct · 1967
1 sentence

1979In interpreting the Statute referred to, we previously stated in Fuller v. State (1967), 26 Ill.

11979–1979
Edwards v. Haeger neutral
· 1899
2 sentences

1979In Edwards v. Hager, 180 Ill. 99 , the Supreme Court said: “Water which is the result of natural and ordinary percolation through the soil is part of the land itself and belongs absolutely to the owner of the land, and, in the absence of any grant, he may intercept or impede such underground percolation, though the result be to interfere with the source of supply of springs or wells on adjoining premises.” If this rule as announced in Edwards v. Hager, supra, is applied to the case at bar, Claimant’s claim must be denied, since Respondent would have an absolute right to use percolating waters

1979In Edwards v. Hager, 180 Ill. 99 , the Supreme Court said: “Water which is the result of natural and ordinary percolation through the soil is part of the land itself and belongs absolutely to the owner of the land, and, in the absence of any grant, he may intercept or impede such underground percolation, though the result be to interfere with the source of supply of springs or wells on adjoining premises.” If this rule as announced in Edwards v. Hager, supra, is applied to the case at bar, Claimant’s claim must be denied, since Respondent would have an absolute right to use percolating waters

11979–1979
Behrens v. Scharringhausen green
illappct · 1959
1 sentence

1979Another Illinois decision dealing with the rights of a landowner to percolating water is Behrens v. Scharringhausen, 22 Ill.

11979–1979
Ohligschlager v. Proctor Community Hospital green
ill · 1973
2 sentences

1978Claimant cites in her brief Ohligschlager v. Proctor Community Hospital, 55 Ill. 2d 411 , 303 N.E.2d 392 , which stated that “Where a drug manufacturer recommends to the medical profession (1) the conditions under which its drug should be prescribed; (2) the disorders it is designed to relieve; (3) the precautionary measures which should be observed; and (4) warns of the dangers which are inherent in its use, the doctor’s deviation from such recommendation is prima facie evidence of negligence.

1978Claimant cites in her brief Ohligschlager v. Proctor Community Hospital, 55 Ill. 2d 411 , 303 N.E.2d 392 , which stated that “Where a drug manufacturer recommends to the medical profession (1) the conditions under which its drug should be prescribed; (2) the disorders it is designed to relieve; (3) the precautionary measures which should be observed; and (4) warns of the dangers which are inherent in its use, the doctor’s deviation from such recommendation is prima facie evidence of negligence.

11978–1978
Heaps v. Industrial Commission neutral
ill · 1922
1 sentence

1975The court has held 'that “The loss of a member is complete when the normal use of the member has been taken away”; and in order to sustain an award for complete loss of use of an eye, it is unnecessary “to show total and complete loss of sight under all circumstances.” (Heaps v. Industrial Com., 303 Ill. 443, 447 .) Further, we have held that the extent of a claimant’s disability is to be determined by the Industrial Commission; and its decision will not be set aside unless contrary to the manifest weight of the evidence even though this court may have drawn other inferences therefrom.

11975–1975
Molitor v. Kaneland Community Unit District No. 302 green
ill · 1959
1 sentence

1969Appellants’ argument is essentially that since this court, as a matter of judicial policy, has abolished under the common law the concept of immunity from suits sounding in tort against school districts and charitable entities (Molitor v. Kaneland Community Unit District, 18 Ill.2d 11 ; Darling v. Charleston Community Memorial Hospital, 33 Ill.2d 326 ), and has subsequently invalidated, as unconstitutional special legislation, statutes affecting the tort liability of various local governmental entities which created or caused classifications bearing no “discernible relationship to the realitie

11969–1969
Lorton v. Brown County Community Unit School District No. 1 green
ill · 1966
1 sentence

1969Appellants’ argument is essentially that since this court, as a matter of judicial policy, has abolished under the common law the concept of immunity from suits sounding in tort against school districts and charitable entities (Molitor v. Kaneland Community Unit District, 18 Ill.2d 11 ; Darling v. Charleston Community Memorial Hospital, 33 Ill.2d 326 ), and has subsequently invalidated, as unconstitutional special legislation, statutes affecting the tort liability of various local governmental entities which created or caused classifications bearing no “discernible relationship to the realitie

11969–1969
Darling v. Charleston Community Memorial Hospital green
ill · 1965
1 sentence

1969Appellants’ argument is essentially that since this court, as a matter of judicial policy, has abolished under the common law the concept of immunity from suits sounding in tort against school districts and charitable entities (Molitor v. Kaneland Community Unit District, 18 Ill.2d 11 ; Darling v. Charleston Community Memorial Hospital, 33 Ill.2d 326 ), and has subsequently invalidated, as unconstitutional special legislation, statutes affecting the tort liability of various local governmental entities which created or caused classifications bearing no “discernible relationship to the realitie

11969–1969
Treece v. Shawnee Community Unit School District No. 84 green
ill · 1968
11969–1969
Hutchings v. Kraject green
ill · 1966
1 sentence

1969Appellants’ argument is essentially that since this court, as a matter of judicial policy, has abolished under the common law the concept of immunity from suits sounding in tort against school districts and charitable entities (Molitor v. Kaneland Community Unit District, 18 Ill.2d 11 ; Darling v. Charleston Community Memorial Hospital, 33 Ill.2d 326 ), and has subsequently invalidated, as unconstitutional special legislation, statutes affecting the tort liability of various local governmental entities which created or caused classifications bearing no “discernible relationship to the realitie

11969–1969
Harvey v. Clyde Park Dist. green
ill · 1965
11969–1969
Standard Oil Co. of Ky. v. Hawkins green
· 1896
11935–1935

Statutes the citing opinions construe

IL § 725 ILCS 150/1 (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

PA 291 (1919–2026) NY 73 (1898–2026) MO 48 (1995–2024) OR 43 (1927–2025) IL 31 (1935–2024) OK 30 (1926–2012) CA 28 (1930–2026) FL 28 (1959–2024) GA 23 (1897–2023) MD 23 (1952–2021) CO 21 (1983–2020) TX 19 (1939–2022) AZ 11 (1949–2019) LA 11 (1936–2018) OH 10 (1918–2017) IA 10 (1927–2026) KS 9 (1960–1996) DE 8 (1922–2025) WA 8 (1944–2025) NC 8 (1907–2019) DC 7 (1990–2017) CT 7 (1929–1999) WV 7 (1930–2005) IN 7 (1888–2025) WI 6 (1928–2025) MI 6 (2009–2024) NJ 6 (1969–1998) AK 5 (1985–1998) KY 5 (1964–2023) MS 5 (1974–2009) MN 5 (1971–2026) HI 4 (1935–2011) VT 4 (1989–2025) ND 4 (1968–2022) VA 4 (2009–2023) AL 4 (1906–2007) MA 4 (1956–2015) UT 3 (2011–2024) NE 3 (1996–2018) NM 3 (1991–2005) WY 3 (2014–2015) SC 3 (1947–2003) ID 3 (1996–2005) AR 2 (1961–2013)

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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