30 Illinois opinions name it 2 courts 1977–2023 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.
| Case | Followed | Cited |
|---|---|---|
In Re Marriage of Weavergreen2 sentences2003App.3d 609, 616 , 170 Ill.Dec. 207 , 592 N.E.2d 643, 648 (1992), this court addressed a claim on an appeal from a custody modification proceeding that collateral estoppel applied, and we wrote the following: "Collateral estoppel prevents a party from raising an issue in a later proceeding where that issue was actually or necessarily decided * * *. * * * Generally, a court's order regarding child custody is res judicata as to facts which existed at the time the order was entered. * * * Courts should be cautious in determining when to apply res judicata in child custody cases. 2003App. 3d 609, 616 , 592 N.E.2d 643, 648 (1992), this court addressed a claim on an appeal from a custody modification proceeding that collateral estoppel applied, and we wrote the following: “Collateral estoppel prevents a party from raising an issue in a later proceeding where that issue was actually or necessarily decided ***. *** Generally, a court’s order regarding child custody is res judicata as to facts which existed at the time the order was entered. *** Courts should be cautious in determining when to apply res judicata in child custody cases. | 2 | 2 |
People v. Alexandergreen2 sentences2023In this case, defendant asserts his trial counsel fell under the third category. ¶ 28 In People v. Alexander, 2019 IL App (4th) 170425, ¶¶ 5, 18 , 147 N.E.3d 935 , this court addressed whether a defense counsel’s status as a former prosecutor who appeared at the defendant’s guilty-plea hearing in 2005, which was 10 years before the defendant’s current charges, by itself, constituted a per se conflict. 2023In rejecting the defendant’s argument, this court construed the third category of per se conflicts to mean “such a conflict exists when defense counsel was a former prosecutor who had been personally involved with the prosecution of the defendant in the very case in which the defendant was then on trial.” (Emphasis in original.) Alexander, 2019 IL App (4th) 170425, ¶ 21 . | 1 | 1 |
Resolution Trust Corp. v. Holtzmangreen1 sentence2021On the - 18 - No. 1-20-0256 other hand, if the allegation of unconscionability rests on an appraisal rendered remote in time, the requisite of a formal hearing is not required under [section 15–1508(b)].” Resolution Trust Corp. v. Holtzman, 248 Ill. | 1 | 1 |
Harned v. Atlas Powder Co.green1 sentence2011The staggering of the three shifts by the Company so that appellant never started work on any shift on Wednesday, the first day of the workweek, does not deny him overtime, although it may prevent him from receiving the maximum overtime to which he would be entitled if we accept his contention that a workweek is any and every consecutive seven days that he labors." Id. at 380-81. ¶ 30 Similarly, in Barclay v. Magnolia Petroleum Co., 203 S.W.2d 626, 627-28 (Tex.Civ.App.1947), the court addressed a claim that the "spirit" of the FLSA and other employment statutes was violated where an employer s | 1 | 1 |
Barclay v. Magnolia Petroleum Co.green1 sentence2011The staggering of the three shifts by the Company so that appellant never started work on any shift on Wednesday, the first day of the workweek, does not deny him overtime, although it may prevent him from receiving the maximum overtime to which he would be entitled if we accept his contention that a workweek is any and every consecutive seven days that he labors." Id. at 380-81. ¶ 30 Similarly, in Barclay v. Magnolia Petroleum Co., 203 S.W.2d 626, 627-28 (Tex.Civ.App.1947), the court addressed a claim that the "spirit" of the FLSA and other employment statutes was violated where an employer s | 1 | 1 |
Rodman v. Department of Revenuegreen1 sentence1977For example, in Rodman v. Department of Revenue, 51 Ill. 2d 314, 316-18 (1972), the court addressed a claim of a seller of custom made clothes, who made no apportionment of the charges for labor and materials, that he was selling services and therefore was not subject to the retailers’ occupation tax. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Wolff v. McDonnell
green
2 sentences2020Id. at 557 . ¶ 40 Subsequent to Wolff, the Court addressed a claim by inmates seeking injunctive relief, declaratory relief, and damages, by reason of transfer from a medium security prison to a maximum security facility. 2019Id. at 557 . ¶ 40 Subsequent to Wolff, the Court addressed a claim by inmates seeking injunctive relief, declaratory relief, and damages, by reason of transfer from a medium security prison to a maximum security facility. | 2 | 2019–2020 |
Meachum v. Fano
green
2 sentences2020Meachum v. Fano, 427 U.S. 215 (1976). 2019Meachum v. Fano, 427 U.S. 215 (1976). | 2 | 2019–2020 |
Samoylovich v. Montesdeoca
green
2 sentences2019In rejecting Montesdeoca’s arguments, this court found that he “ignore[d] the implicit subtext upon which the Act stands and which informs the Act’s understanding of what it means for a lawsuit to be a SLAPP.” Samoylovich, 2014 IL App (1st) 121545, ¶ 24 . 2018In rejecting Montesdeoca's arguments, this court found that he "ignore[d] the implicit subtext upon which the Act stands and which informs the Act's understanding of what it means for a lawsuit to be a SLAPP." Samoylovich , 2014 IL App (1st) 121545 , ¶ 24, 382 Ill.Dec. 677 , 13 N.E.3d 90 . | 2 | 2018–2019 |
McSweeney v. Buti
green
2 sentences2015Id. at 958 . 2015Id. at 958 . | 2 | 2015–2015 |
Ridgely v. Central Pipe Line Co.
green
2 sentences2014In Sears, this court addressed the doctrine for the first time since 1951, when it decided Ridgely v. Central Pipe Line Co., 409 Ill. 46 (1951). 2014In Sears, this court addressed the doctrine for the first time since 1951, when it decided Ridgely v. Central Pipe Line Co., 409 Ill. 46 (1951). | 2 | 2014–2014 |
Dawdy v. Union Pacific RR Co.
green
2 sentences2006Co., 207 Ill.2d 167 , 278 Ill.Dec. 92 , 797 N.E.2d 687 (2003). 2006Co., 207 Ill. 2d 167 (2003). | 2 | 2006–2006 |
Feltmeier v. Feltmeier
green
2 sentences2003The appellate court concluded that Lynn, as plaintiff, could “maintain an action at law to recover monetary damages proximately caused by her ex-husband’s pattern of abusive treatment during the course of their ill-fated marriage.” 333 Ill. 2003The appellate court concluded that Lynn, as plaintiff, could “maintain an action at law to recover monetary damages proximately caused by her ex-husband’s pattern of abusive treatment during the course of their ill-fated marriage.” 333 Ill. | 2 | 2003–2003 |
Kleiboeker v. Kleiboeker
green
2 sentences2003This doctrine should not be strictly applied to bar evidence when the most important consideration is the welfare of a child." In In re Marriage of Kleiboeker, 262 Ill.App.3d 644 , 199 Ill.Dec. 975 , 634 N.E.2d 1329 (1994), the appellate court addressed a situation very similar to the present case, in which the parties stipulated to the petitioner's having custody at the time the dissolution judgment was entered in 1987. 2003This doctrine should not be strictly applied to bar evidence when the most important consideration is the welfare of a child.” In In re Marriage of Kleiboeker, 262 Ill. | 2 | 2003–2003 |
Board of Education v. Illinois Educational Labor Relations Board
green
2 sentences2001Five years later, this court addressed the doctrine of functus officio in Board of Education of City of Chicago v. Illinois Educational Labor Relations Board, 170 Ill. 2001Five years later, this court addressed the doctrine of functus officio in Board of Education of City of Chicago v. Illinois Educational Labor Relations Board, 170 Ill. | 2 | 2001–2001 |
People v. Bull
green
2 sentences2000In People v. Bull, 185 Ill. 2d 179 (1998), this court addressed a claim similar to that presented by defendant in the case at bar. 2000In People v. Bull, 185 Ill.2d 179 , 235 Ill.Dec. 641 , 705 N.E.2d 824 (1998), this court addressed a claim similar to that presented by defendant in the case at bar. | 2 | 2000–2000 |
Clifton Smith v. Dearborn Financial Services, Inc., and Dearborn Federal Credit Union
green
2 sentences1995The court addressed the claim without questioning whether a private cause of action was provided under the regulation. [2] While 49 C.F.R. parts 21 and 23 do not expressly create a private cause of action, an implied cause of action can be found through an examination of the regulations. ( Smith v. Dearborn Financial Services, Inc. (6th Cir. 1993), 982 F.2d 976 .) The following factors are to be considered in determining whether a private cause of action is implied: (1) is the plaintiff of the class for whose special benefit the statute was enacted? (2) is there any explicit or implicit indica 1995(Smith v. Dearborn Financial Services, Inc. (6th Cir. 1993), 982 F.2d 976 .) The following factors are to be considered in determining whether a private cause of action is implied: (1) is the plaintiff of the class for whose special benefit the statute was enacted? (2) is there any explicit or implicit indication of legislative intent to either create or deny such a private right of action? (3) is implication of a private cause of action consistent with the underlying purposes of the legislative scheme? (4) is the cause of action one that is traditionally relegated to state law so that a feder | 2 | 1995–1995 |
Deutsche Bank National v. Burtley
green
1 sentence2021Id. ¶ 64 In an earlier case, this court addressed when a hearing is necessary, stating: “To determine the extent of the hearing to be afforded the mortgagor, the court should look to the defendant’s petition or motion and if there is an allegation of a current appraisal or other current indicia of value which is so measurably different than the sales price as to be unconscionable, then a hearing should be afforded to the defendant. | 1 | 2021–2021 |
Siemieniec v. Lutheran General Hospital
green
1 sentence2021In both cases [Siemieniec v. Lutheran General Hospital, 117 Ill. 2d 230 (1987), and Courtney v. St. | 1 | 2021–2021 |
People v. Jaimes
green
1 sentence2021Jaimes, 2014 IL App (2d) 121368, ¶¶ 30-35 . | 1 | 2021–2021 |
Stoll v. United Way of Champaign County, Illinois, Inc.
green
1 sentence2016Stoll, 378 Ill. | 1 | 2016–2016 |
People v. Vincent
green
1 sentence2013In that case, this court interpreted dicta contained in People v. Vincent, 226 Ill. 2d 1 , 17 n.5 (2007), to favor the manifest-weight-of-the-evidence standard when reviewing such a determination. | 1 | 2013–2013 |
Copass v. Illinois Power Co.
green
1 sentence1995App. 3d 205 , 569 N.E.2d 1211 , the court addressed the standard for determining whether an employee’s injury was accidental for the purposes of escaping the exclusive remedy provided under the Act. | 1 | 1995–1995 |
Cort v. Ash
green
2 sentences1995The court addressed the claim without questioning whether a private cause of action was provided under the regulation. [2] While 49 C.F.R. parts 21 and 23 do not expressly create a private cause of action, an implied cause of action can be found through an examination of the regulations. ( Smith v. Dearborn Financial Services, Inc. (6th Cir. 1993), 982 F.2d 976 .) The following factors are to be considered in determining whether a private cause of action is implied: (1) is the plaintiff of the class for whose special benefit the statute was enacted? (2) is there any explicit or implicit indica 1995The court addressed the claim without questioning whether a private cause of action was provided under the regulation. [2] While 49 C.F.R. parts 21 and 23 do not expressly create a private cause of action, an implied cause of action can be found through an examination of the regulations. ( Smith v. Dearborn Financial Services, Inc. (6th Cir. 1993), 982 F.2d 976 .) The following factors are to be considered in determining whether a private cause of action is implied: (1) is the plaintiff of the class for whose special benefit the statute was enacted? (2) is there any explicit or implicit indica | 1 | 1995–1995 |
Britt v. Edgar
green
1 sentence1992App. 3d 469, 472-73 , 548 N.E.2d 826, 828-29 , this court addressed the standard of review and factors to be considered in determining whether the Secretary properly denied an RDP to a plaintiff and wrote the following: “Upon review, the findings and conclusions of an administrative agency are considered prima facie true and correct. [Citations.] Courts may not interfere with an agency’s discretionary authority unless that power is exercised in an arbitrary and capricious fashion, or the decision is contrary to the manifest weight of the evidence. [Citations.] The Secretary’s decision will be | 1 | 1992–1992 |
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.