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24 Illinois opinions name it 2 courts 2006–2023 1 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 |
|---|---|---|
Saf-T-Gard International, Inc. v. Wagener Equities, Inc.green2 sentences2023Saf– T–Gard International, Inc. v. Wagener Equities, Inc., 251 F.R.D. 312, 314 (N.D. 2023Saf– T–Gard International, Inc. v. Wagener Equities, Inc., 251 F.R.D. 312, 314 (N.D. | 3 | 3 |
Northern Illinois Emergency Physicians v. Landau, Omahana & Kopka, Ltd.green2 sentences2015"Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. [Citation.]" Northern Illinois Emergency Physicians v. Landau, Omahana & Kopka, Ltd., 216 Ill. 2d 294, 305 (2005). ¶ 20 We review an order granting summary judgment de novo. 735 ILCS 5/2-1005(c)(West 2008); Clark v. Cannon Steel Erection Co., 359 Ill. 2015"Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. [Citation.]" Northern Illinois Emergency Physicians v. Landau, Omahana & Kopka, Ltd., 216 Ill. 2d 294, 305 (2005). ¶ 20 We review an order granting summary judgment de novo. 735 ILCS 5/2-1005(c)(West 2008); Clark v. Cannon Steel Erection Co., 359 Ill. | 3 | 3 |
Clark v. Cannon Steel Erection Co.green2 sentences2015"Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. [Citation.]" Northern Illinois Emergency Physicians v. Landau, Omahana & Kopka, Ltd., 216 Ill. 2d 294, 305 (2005). ¶ 20 We review an order granting summary judgment de novo. 735 ILCS 5/2-1005(c)(West 2008); Clark v. Cannon Steel Erection Co., 359 Ill. 2015"Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. [Citation.]" Northern Illinois Emergency Physicians v. Landau, Omahana & Kopka, Ltd., 216 Ill. 2d 294, 305 (2005). ¶ 20 We review an order granting summary judgment de novo. 735 ILCS 5/2-1005(c)(West 2008); Clark v. Cannon Steel Erection Co., 359 Ill. | 3 | 3 |
Valley Forge Insurance v. Swiderski Electronics, Inc.green2 sentences2009In November 2006, the supreme court held in Valley Forge that a TCPA claim does constitute a claim for “advertising injury” because “the TCPA can fairly be described as protecting a privacy interest in seclusion.” Valley Forge Insurance Co. v. Swiderski Electronics, Inc., 223 Ill. 2d 352, 366 (2006). 2009In November 2006, the supreme court held in Valley Forge that a TCPA claim does constitute a claim for “advertising injury” because “the TCPA can fairly be described as protecting a privacy interest in seclusion.” Valley Forge Insurance Co. v. Swiderski Electronics, Inc., 223 Ill. 2d 352, 366 (2006). | 2 | 5 |
Mims v. Arrow Financial Services, LLCgreen2 sentences2015See Mims v. Arrow Financial Services, LLC ,— U.S. —, —, 132 S. Ct. 740, 753 (2012) (noting that plaintiffs are unlikely to pay a $350 filing fee to bring an individual TCPA claim for $500). 2015See Mims v. Arrow Financial Services, LLC, 565 U.S. ___ , ___, 132 S. Ct. 740, 753 (2012) (noting that plaintiffs are unlikely to pay a $350 filing fee to bring -6- an individual TCPA claim for $500). | 2 | 2 |
Smith v. Illinois Central Railroadgreen2 sentences2015Co., 223 Ill. 2d 441, 448-49 (2006). 2015Co., 223 Ill. 2d 441, 448-49 (2006). | 2 | 2 |
St. Paul Fire and Marine Ins. Co. v. Brunswick Corp.green2 sentences2006Brunswick, 405 F. Supp. 2d at 895 (“[T]his court concludes that on this point American States is the better reasoned opinion and more likely to be followed by the Illinois Supreme Court [than the appellate court’s opinion in the instant case]”). 2006Brunswick, 405 F. Supp. 2d at 895 (“[T]his court concludes that on this point American States is the better reasoned opinion and more likely to be followed by the Illinois Supreme Court [than the appellate court’s opinion in the instant case]”). | 2 | 2 |
Universal Underwriters Insurance Company v. Lou Fusz Automotive Network, Inc.green2 sentences2006See also Universal Underwriters Insurance Co. v. Lou Fusz Auto Network, 401 F.3d 876, 881, 883 (8th Cir. 2005) (insurer had duty to defend TCPA claim under policy that covered “private nuisance” and “invasion of rights of privacy”). 2006See also Universal Underwriters Insurance Co. v. Lou Fusz Auto Network, 401 F.3d 876, 881, 883 (8th Cir. 2005) (insurer had duty to defend TCPA claim under policy that covered “private nuisance” and “invasion of rights of privacy”). | 2 | 2 |
McDonald's Corp. v. Levinegreen2 sentences2010Defendants argued that the TCPA's fixed award of $500 per violation ( 47 U.S.C. § 227 (b)(3)(B) (2000)) made the claim a statutory penalty under the test this court set forth in McDonald's Corp. v. Levine, 108 Ill.App.3d 732, 738 , 64 Ill.Dec. 224 , 439 N.E.2d 475 (1982). 2010Defendants argued that the TCPA's fixed award of $500 per violation ( 47 U.S.C. § 227 (b)(3)(B) (2000)) made the claim a statutory penalty under the test this court set forth in McDonald's Corp. v. Levine, 108 Ill.App.3d 732, 738 , 64 Ill.Dec. 224 , 439 N.E.2d 475 (1982). | 1 | 2 |
Golden Rule Insurance v. Schwartzgreen2 sentences2011See, e.g., Golden Rule Insurance, 203 Ill. 2d at 469 ; Oliveira v. Amoco Oil Co., 201 Ill. 2d 134, 157 (2002). ¶ 43 Applicable Statute of Limitations ¶ 44 As part of the second certified question, defendants also asked what was the applicable statute of limitations for the instant TCPA claim, the Illinois two-year limitations period for actions including personal injuries and statutory penalties (735 ILCS 5/13-202 (West 2002)) or the four-year limitations period for federal civil actions ( 28 U.S.C. § 1658 (2000)). 2011See, e.g., Golden Rule Insurance, 203 Ill. 2d at 469 ; Oliveira v. Amoco Oil Co., 201 Ill. 2d 134, 157 (2002). ¶ 43 Applicable Statute of Limitations ¶ 44 As part of the second certified question, defendants also asked what was the applicable statute of limitations for the instant TCPA claim, the Illinois two-year limitations period for actions including personal injuries and statutory penalties (735 ILCS 5/13-202 (West 2002)) or the four-year limitations period for federal civil actions ( 28 U.S.C. § 1658 (2000)). | 1 | 1 |
Oliveira v. Amoco Oil Co.green2 sentences2011See, e.g., Golden Rule Insurance, 203 Ill. 2d at 469 ; Oliveira v. Amoco Oil Co., 201 Ill. 2d 134, 157 (2002). ¶ 43 Applicable Statute of Limitations ¶ 44 As part of the second certified question, defendants also asked what was the applicable statute of limitations for the instant TCPA claim, the Illinois two-year limitations period for actions including personal injuries and statutory penalties (735 ILCS 5/13-202 (West 2002)) or the four-year limitations period for federal civil actions ( 28 U.S.C. § 1658 (2000)). 2011See, e.g., Golden Rule Insurance, 203 Ill. 2d at 469 ; Oliveira v. Amoco Oil Co., 201 Ill. 2d 134, 157 (2002). ¶ 43 Applicable Statute of Limitations ¶ 44 As part of the second certified question, defendants also asked what was the applicable statute of limitations for the instant TCPA claim, the Illinois two-year limitations period for actions including personal injuries and statutory penalties (735 ILCS 5/13-202 (West 2002)) or the four-year limitations period for federal civil actions ( 28 U.S.C. § 1658 (2000)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Italia Foods, Inc. v. Sun Tours, Inc.
green
2 sentences2011As to the second certified question, the appellate court concluded that the TCPA claim in this case is assignable under Illinois law and that, based on the admitted facts, the court need not answer subsection (b) concerning the appropriate statute of limitations. 399 Ill. 2011As to the second certified question, the appellate court concluded that the TCPA claim in this case is assignable under Illinois law and that, based on the admitted facts, the court need not answer subsection (b) concerning the appropriate statute of limitations. 399 Ill. | 2 | 2011–2012 |
Chair King, Inc. v. GTE Mobilnet of Houston, Inc.
green
2 sentences2010Hobbit Travel moved to dismiss (735 ILCS 5/2-615, 2-619 (West 2002)) portions of Italia Foods' complaint, arguing that: (1) TCPA claims are not cognizable in Illinois courts for the reasons set forth in Chair King, Inc. v. GTE Mobilnet of Houston, Inc., 184 S.W.3d 707 (Tex.2006) (hereinafter Chair King ); (2) the limitations period for TCPA claims should be measured from the filing of Italia Foods' third amended complaint on February 28, 2008, and not from Eclipse's original complaint (filed June 13, 2003); (3) the applicable limitations period for TCPA claims is two years (735 ILCS 5/13-202 ( 2010Hobbit Travel moved to dismiss (735 ILCS 5/2-615, 2-619 (West 2002)) portions of Italia Foods' complaint, arguing that: (1) TCPA claims are not cognizable in Illinois courts for the reasons set forth in Chair King, Inc. v. GTE Mobilnet of Houston, Inc., 184 S.W.3d 707 (Tex.2006) (hereinafter Chair King ); (2) the limitations period for TCPA claims should be measured from the filing of Italia Foods' third amended complaint on February 28, 2008, and not from Eclipse's original complaint (filed June 13, 2003); (3) the applicable limitations period for TCPA claims is two years (735 ILCS 5/13-202 ( | 2 | 2010–2010 |
First Capital Mortgage Corp. v. Union Federal Bank of Indianapolis
green
2 sentences2010First Capital Mortgage, 374 Ill.App.3d at 742 , 313 Ill. 2010First Capital Mortgage, 374 Ill.App.3d at 742 , 313 Ill. | 2 | 2010–2010 |
Employers Insurance v. Ehlco Liquidating Trust
green
2 sentences2014Ehlco, 186 Ill. 2d at 150 . ¶ 17 Plaintiff urges that Endorsement FE-6655 is specific to TCPA claims and that the alternative counts of the amended complaint are cognizable independently of the TCPA claim. 2014Ehlco, 186 Ill. 2d at 150 . ¶ 17 Plaintiff urges that Endorsement FE-6655 is specific to TCPA claims and that the alternative counts of the amended complaint are cognizable independently of the TCPA claim. | 1 | 2014–2014 |
Bridgeview Health Care Center, LTD. v. State Farm Fire and Casualty Company
green
2 sentences2014Therefore, since there is no Indiana state law on the issue of whether there can be coverage for a TCPA claim under an ‘advertising injury’ provision in an insurance policy, there can be no conflict with Illinois law, and Illinois law applies here.” Id. ¶ 23. ¶ 32 Subsequent to the trial court’s final summary judgment, a different division of the Illinois Appellate Court, First District, decided Bridgeview Health Care Center, Ltd. v. State Farm Fire & Casualty Co., 2013 IL App (1st) 121920 , appeal allowed, No. 116389 (Ill. 2014Therefore, since there is no Indiana state law on the issue of whether there can be coverage for a TCPA claim under an ‘advertising injury’ provision in an insurance policy, there can be no conflict with Illinois law, and Illinois law applies here.” Id. ¶ 23. ¶ 32 Subsequent to the trial court’s final summary judgment, a different division of the Illinois Appellate Court, First District, decided Bridgeview Health Care Center, Ltd. v. State Farm Fire & Casualty Co., 2013 IL App (1st) 121920 , appeal allowed, No. 116389 (Ill. | 1 | 2014–2014 |
G.M. Sign, Inc. v. State Farm Fire and Casualty Company
green
1 sentence2014Accordingly, Endorsement FE-6655 applied, and State Farm had no duty to defend or to indemnify Schane in the underlying - 15 - 2014 IL App (2d) 130593 suit. | 1 | 2014–2014 |
Anderson Office Supply, Inc. v. Advanced Medical Associates, P.A.
green
2 sentences2013Anderson Office Supply, 273 P.3d at 795 . ¶ 37 By contrast, those courts that have concluded that shorter state statutes of limitations apply to private TCPA claims brought in state court have relied on what they view as straightforward interpretations of 28 U.S.C. § 1658 (a) and of section 227(b)(3) of the TCPA. 2013Anderson Office Supply, 273 P.3d at 795 . ¶ 37 By contrast, those courts that have concluded that shorter state statutes of limitations apply to private TCPA claims brought in state court have relied on what they view as straightforward interpretations of 28 U.S.C. § 1658 (a) and of section 227(b)(3) of the TCPA. | 1 | 2013–2013 |
Weitzner v. Vaccess America Inc.
green
1 sentence2013Edwards, 130 P.3d at 1287 ; Weitzner, 5 Pa. D. & C.5th at 126 ; David L. | 1 | 2013–2013 |
Pekin Insurance Company v. XData Solutions
green
2 sentences2013Therefore, since there is no Indiana state law on the issue of whether there can be coverage for a TCPA claim under an ‘advertising injury’ provision in an insurance policy, there can be no conflict with Illinois law, and Illinois law applies here.” Pekin Insurance, 2011 IL App (1st) 102769, ¶ 23 . ¶ 13 The trial court here found that Pekin constrained the analysis of the case and left the court unable to conduct an independent analysis. 2013Therefore, since there is no Indiana state law on the issue of whether there can be coverage for a TCPA claim under an ‘advertising injury’ provision in an insurance policy, there can be no conflict with Illinois law, and Illinois law applies here.” Pekin Insurance, 2011 IL App (1st) 102769, ¶ 23 . ¶ 13 The trial court here found that Pekin constrained the analysis of the case and left the court unable to conduct an independent analysis. | 1 | 2013–2013 |
Edwards v. Emperor's Garden Restaurant
green
1 sentence2013Edwards, 130 P.3d at 1287 ; Weitzner, 5 Pa. D. & C.5th at 126 ; David L. | 1 | 2013–2013 |
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.