joint defense (Illinois) · Go Syfert
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joint defense in Illinois

23 Illinois opinions name it 2 courts 1919–2026 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 (15)

CaseFollowedCited
cluster 454679green
ca3 · 1985 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018See, e.g., Eisenberg v. Gagnon, 766 F.2d 770, 787-88 (3d Cir. 1985) (“Communications to an attorney to establish a common defense strategy are privileged even though the attorney represents another client with some adverse interest.”); United States v. Bay State Ambulance & Hospital Rental Service, Inc., 874 F.2d 20, 28 (1st Cir. 1989) (quoting Eisenberg for same proposition); In re Grand Jury Subpoena Duces Tecum Dated November 16, 1974, 406 F. Supp. 381, 392 (S.D.N.Y. 1975) (fact that corporation and individual corporate officers might one day become adverse, as corporation might have claims

2017See, e.g. , Eisenberg v. Gagnon , 766 F.2d 770 , 787-88 (3d Cir. 1985) ("Communications to an attorney to establish a common defense strategy are privileged even though the attorney represents another client with some adverse interest."); United States v. Bay State Ambulance & Hospital Rental Service, Inc. , 874 F.2d 20 , 28 (1st Cir.1989) (quoting Eisenberg for same proposition); In re Grand Jury Subpoena Duces Tecum Dated November 16, 1974 , 406 F. Supp. 381 , 392 (S.D.N.Y. 1975) (fact that corporation and individual corporate officers might one day become adverse, as corporation might have

22
Ambac Assurance Corporation v. Countrywide Home Loans, Inc.green
ny · 2016 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018See, e.g., O’Boyle v. Borough of Longport, 94 A.3d 299, 317 (N.J. 2014) (adopting “the common interest rule” as “exception to waiver of confidential attorney-client communications or work product”); Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 57 N.E.3d 30, 39 (N.Y. 2016) (explaining that “common-interest exception” or 1 A partial list of names include “the joint-defense doctrine, joint-defense privilege, joint- prosecutorial privilege, allied-lawyer privilege, common-interest doctrine, common-interest exception, common-interest privilege, common-interest rule, common-defense doctrin

2018See, e.g., O’Boyle v. Borough of Longport, 94 A.3d 299, 317 (N.J. 2014) (adopting “the common interest rule” as “exception to waiver of confidential attorney-client communications or work product”); Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 57 N.E.3d 30, 39 (N.Y. 2016) (explaining that “common-interest exception” or 1 A partial list of names include “the joint-defense doctrine, joint-defense privilege, joint- prosecutorial privilege, allied-lawyer privilege, common-interest doctrine, common-interest exception, common-interest privilege, common-interest rule, common-defense doctrin

22
Balmoral Racing Club, Inc. v. Illinois Racing Boardgreen
ill · 1992 · cited in 2 Illinois opinions naming this issue, 2002–2002
2 sentences

2002As we stated in Balmoral Racing Club, Inc. v. Illinois Racing Board , 151 Ill. 2d 367, 397 (1992), formal objections go hand in hand with formal proceedings.

2002As we stated in Balmoral Racing Club, Inc. v. Illinois Racing Board, 151 Ill. 2d 367, 397 (1992), formal objections go hand in hand with formal proceedings.

22
Static Control Components, Inc. v. Lexmark International, Inc.green
cod · 2007 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018See, e.g., Eisenberg v. Gagnon, 766 F.2d 770, 787-88 (3d Cir. 1985) (“Communications to an attorney to establish a common defense strategy are privileged even though the attorney represents another client with some adverse interest.”); United States v. Bay State Ambulance & Hospital Rental Service, Inc., 874 F.2d 20, 28 (1st Cir. 1989) (quoting Eisenberg for same proposition); In re Grand Jury Subpoena Duces Tecum Dated November 16, 1974, 406 F. Supp. 381, 392 (S.D.N.Y. 1975) (fact that corporation and individual corporate officers might one day become adverse, as corporation might have claims

2017See, e.g. , Eisenberg v. Gagnon , 766 F.2d 770 , 787-88 (3d Cir. 1985) ("Communications to an attorney to establish a common defense strategy are privileged even though the attorney represents another client with some adverse interest."); United States v. Bay State Ambulance & Hospital Rental Service, Inc. , 874 F.2d 20 , 28 (1st Cir.1989) (quoting Eisenberg for same proposition); In re Grand Jury Subpoena Duces Tecum Dated November 16, 1974 , 406 F. Supp. 381 , 392 (S.D.N.Y. 1975) (fact that corporation and individual corporate officers might one day become adverse, as corporation might have

12
In Re Grand Jury Subpoena Duces Tecum Dated November 16, 1974green
nysd · 1975 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018See, e.g., Eisenberg v. Gagnon, 766 F.2d 770, 787-88 (3d Cir. 1985) (“Communications to an attorney to establish a common defense strategy are privileged even though the attorney represents another client with some adverse interest.”); United States v. Bay State Ambulance & Hospital Rental Service, Inc., 874 F.2d 20, 28 (1st Cir. 1989) (quoting Eisenberg for same proposition); In re Grand Jury Subpoena Duces Tecum Dated November 16, 1974, 406 F. Supp. 381, 392 (S.D.N.Y. 1975) (fact that corporation and individual corporate officers might one day become adverse, as corporation might have claims

2017See, e.g. , Eisenberg v. Gagnon , 766 F.2d 770 , 787-88 (3d Cir. 1985) ("Communications to an attorney to establish a common defense strategy are privileged even though the attorney represents another client with some adverse interest."); United States v. Bay State Ambulance & Hospital Rental Service, Inc. , 874 F.2d 20 , 28 (1st Cir.1989) (quoting Eisenberg for same proposition); In re Grand Jury Subpoena Duces Tecum Dated November 16, 1974 , 406 F. Supp. 381 , 392 (S.D.N.Y. 1975) (fact that corporation and individual corporate officers might one day become adverse, as corporation might have

12
cluster 522863green
ca1 · 1989 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018See, e.g., Eisenberg v. Gagnon, 766 F.2d 770, 787-88 (3d Cir. 1985) (“Communications to an attorney to establish a common defense strategy are privileged even though the attorney represents another client with some adverse interest.”); United States v. Bay State Ambulance & Hospital Rental Service, Inc., 874 F.2d 20, 28 (1st Cir. 1989) (quoting Eisenberg for same proposition); In re Grand Jury Subpoena Duces Tecum Dated November 16, 1974, 406 F. Supp. 381, 392 (S.D.N.Y. 1975) (fact that corporation and individual corporate officers might one day become adverse, as corporation might have claims

2017See, e.g. , Eisenberg v. Gagnon , 766 F.2d 770 , 787-88 (3d Cir. 1985) ("Communications to an attorney to establish a common defense strategy are privileged even though the attorney represents another client with some adverse interest."); United States v. Bay State Ambulance & Hospital Rental Service, Inc. , 874 F.2d 20 , 28 (1st Cir.1989) (quoting Eisenberg for same proposition); In re Grand Jury Subpoena Duces Tecum Dated November 16, 1974 , 406 F. Supp. 381 , 392 (S.D.N.Y. 1975) (fact that corporation and individual corporate officers might one day become adverse, as corporation might have

12
United States v. Robert McPartlingreen
ca7 · 1979 · cited in 2 Illinois opinions naming this issue, 2017–2018
2 sentences

2018Colo. 2007) (some adversity among parties does not defeat common-interest doctrine). ¶ 82 Notably, when the Supreme Court proposed the codification of the common-interest exception (though rejected by Congress in favor of no codified privilege), committee comments suggested the rule applied when clients had “[s]ome interests in common” and not when “there is [n]o common interest to be promoted by a joint consultation.” (Emphasis added and internal quotation marks omitted.) McPartlin, 595 F.2d at 1336 .

2018For example, in United States v. McPartlin, 595 F.2d 1321, 1336 (7th Cir. 1979), the court held that a party was entitled to the protection of the attorney-client privilege when his statements were made in confidence to an attorney for a codefendant for a common purpose related to both defenses.

12
People v. Millergreen
illappct · 1998 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Section 2-107.1(a-5)(2) of the Code states that a hearing on a petition for administration of psychotropic medicine “shall be separate from a judicial proceeding held to determine whether a person is subject to involuntary admission but may be heard immediately preceding or following such a judicial proceeding and may be heard by the same trier of fact or law as in that judicial proceeding.” 405 ILCS 5/2-107.1(a-5)(2) (West 2024); see In re Barbara H., 183 Ill. 2d 482, 498 (1998) (“The joint hearing was in direct violation of section 2- - 16 - 107.1(a)(2) of the Mental Health Code.”); see also

11
People v. Barbara H.green
ill · 1998 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Section 2-107.1(a-5)(2) of the Code states that a hearing on a petition for administration of psychotropic medicine “shall be separate from a judicial proceeding held to determine whether a person is subject to involuntary admission but may be heard immediately preceding or following such a judicial proceeding and may be heard by the same trier of fact or law as in that judicial proceeding.” 405 ILCS 5/2-107.1(a-5)(2) (West 2024); see In re Barbara H., 183 Ill. 2d 482, 498 (1998) (“The joint hearing was in direct violation of section 2- - 16 - 107.1(a)(2) of the Mental Health Code.”); see also

11
People v. Smithgreen
illappct · 1994 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See People v. Smith, 259 Ill.

11
Harris v. Allied American Insurancegreen
illappct · 1987 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See Harris v. Allied American Insurance Co., 152 Ill.

11
TOBACCOVILLE USA, INC. v. McMastergreen
sc · 2010 · cited in 1 Illinois opinions naming this issue, 2018–2018
1 sentence

2018See, e.g., O’Boyle v. Borough of Longport, 94 A.3d 299, 317 (N.J. 2014) (adopting “the common interest rule” as “exception to waiver of confidential attorney-client communications or work product”); Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 57 N.E.3d 30, 39 (N.Y. 2016) (explaining that “common-interest exception” or 1 A partial list of names include “the joint-defense doctrine, joint-defense privilege, joint- prosecutorial privilege, allied-lawyer privilege, common-interest doctrine, common-interest exception, common-interest privilege, common-interest rule, common-defense doctrin

11
Arizona Independent Redistricting Commission v. Fieldsgreen
arizctapp · 2003 · cited in 1 Illinois opinions naming this issue, 2018–2018
1 sentence

2018See, e.g., O’Boyle v. Borough of Longport, 94 A.3d 299, 317 (N.J. 2014) (adopting “the common interest rule” as “exception to waiver of confidential attorney-client communications or work product”); Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 57 N.E.3d 30, 39 (N.Y. 2016) (explaining that “common-interest exception” or 1 A partial list of names include “the joint-defense doctrine, joint-defense privilege, joint- prosecutorial privilege, allied-lawyer privilege, common-interest doctrine, common-interest exception, common-interest privilege, common-interest rule, common-defense doctrin

11
Martin O'boyle v. Borough of Longportgreen
nj · 2014 · cited in 1 Illinois opinions naming this issue, 2018–2018
1 sentence

2018See, e.g., O’Boyle v. Borough of Longport, 94 A.3d 299, 317 (N.J. 2014) (adopting “the common interest rule” as “exception to waiver of confidential attorney-client communications or work product”); Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 57 N.E.3d 30, 39 (N.Y. 2016) (explaining that “common-interest exception” or 1 A partial list of names include “the joint-defense doctrine, joint-defense privilege, joint- prosecutorial privilege, allied-lawyer privilege, common-interest doctrine, common-interest exception, common-interest privilege, common-interest rule, common-defense doctrin

11
Boyd v. Comdata Network, Inc.green
tennctapp · 2002 · cited in 1 Illinois opinions naming this issue, 2017–2017
1 sentence

2017Presiding Justice Burke and Justice McBride concurred in the judgment and opinion. 1 A partial list of names include "the joint-defense doctrine, joint-defense privilege, joint-prosecutorial privilege, allied-lawyer privilege, common-interest doctrine, common-interest exception, common-interest privilege, common-interest rule, common-defense doctrine, pooled-information privilege, common-purpose theory, community-of-interest doctrine, joint-client privilege, joint-client doctrine, common-interest exception to waiver, and shared-confidentiality privilege." Id. 2 A small sample of these decision

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 (19)

CaseCitedYears
People Ex Rel. Klaeren v. Village of Lisle green
ill · 2002
2 sentences

2021It ultimately held that “because the joint hearing included a special use petition, due process required that interested parties be afforded the right to cross-examine witnesses.” Id.

2004Pertinently, however, it did note that, "[w]hile time limits may be necessary in certain circumstances, the two-minute time limit imposed here would have been clearly improper had the proceedings complied with the due process requisite of cross-examination for interested parties." Klaeren II , 202 Ill. 2d at 188 .

32004–2021
Brody v. Hess green
illappct · 1979
2 sentences

2016Id. at 404 .

2015Id. at 404 .

31999–2016
Apprendi v. New Jersey green
scotus · 2000
2 sentences

2002Defendant appeals, arguing (1) he was denied a fair trial because the State improperly used other-crimes evidence to show propensity to commit crimes, (2) the prosecutor made improper statements in his closing argument, and (3) his enhanced sentence based on his habitual criminal status is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 , 147 L.

2002Defendant appeals, arguing (1) he was denied a fair trial because the State improperly used other-crimes evidence to show propensity to commit crimes, (2) the prosecutor made improper statements in his closing argument, and (3) his enhanced sentence based on his habitual criminal status is unconstitutional under Apprendi v. New Jersey, 530 U.S. 466 , 147 L.

22002–2002
Palos Community Hospital v. Humana Insurance Co., Inc. green
ill · 2021
1 sentence

2025It noted that on or about May 6, 2024, plaintiff and third-party defendants entered into a “joint defense agreement.” It added, “The joint defense agreement and the motion for substitution of Judge are certainly separate but intertwined issues.” Generally, “a joint defense agreement is entered into by and between co-defendants in litigation where their legal interests, defenses, strategies, et cetera, align.” Counsel for plaintiff and third-party defendants had engaged in correspondence regarding the motion to substitute, and plaintiff’s counsel offered “to ghostwrite either the motion or the

12025–2025
Village of Kirkland v. Kirkland Properties Holdings Co. green
illappct · 2025
1 sentence

2025It added, “[S]uch a motion is granted when properly made.” A -7- 2025 IL App (2d) 240596 court “has no discretion to deny the motion.” The trial court noted that plaintiff secured Burney to represent third-party defendants, and, as part of that legal relationship, plaintiff and third-party defendants entered into a joint defense agreement.

12025–2025
Shamrock Chicago Corp. v. Wroblewski green
illappct · 2021
1 sentence

2020If the trial court's factual findings are not in dispute or if those findings are consistent with the manifest weight of the evidence, we review the contempt order for an abuse of discretion, considering the relevant facts.” Shamrock Chicago Corp. v. Wroblewski, 2019 IL App (1st) 182354, ¶ 29 . - 19 - 2020 IL App (2d) 180726 The deference embodied in the joint standard is consistent with the typical role of each individual standard.

12020–2020
In re Marriage of Montgomery green
illappct · 2020
1 sentence

2020If the trial court's factual findings are not in dispute or if those findings are consistent with the manifest weight of the evidence, we review the contempt order for an abuse of discretion, considering the relevant facts.” Shamrock Chicago Corp. v. Wroblewski, 2019 IL App (1st) 182354, ¶ 29 . - 19 - 2020 IL App (2d) 180726 The deference embodied in the joint standard is consistent with the typical role of each individual standard.

12020–2020
Adkins Energy, LLC v. Delta-T Corp. green
illappct · 2004
1 sentence

2017Presiding Justice Burke and Justice McBride concurred in the judgment and opinion. 1 A partial list of names include "the joint-defense doctrine, joint-defense privilege, joint-prosecutorial privilege, allied-lawyer privilege, common-interest doctrine, common-interest exception, common-interest privilege, common-interest rule, common-defense doctrine, pooled-information privilege, common-purpose theory, community-of-interest doctrine, joint-client privilege, joint-client doctrine, common-interest exception to waiver, and shared-confidentiality privilege." Id. 2 A small sample of these decision

12017–2017
Ken's Foods, Inc. v. Ken's Steak House, Inc. green
mad · 2002
1 sentence

2017Presiding Justice Burke and Justice McBride concurred in the judgment and opinion. 1 A partial list of names include "the joint-defense doctrine, joint-defense privilege, joint-prosecutorial privilege, allied-lawyer privilege, common-interest doctrine, common-interest exception, common-interest privilege, common-interest rule, common-defense doctrine, pooled-information privilege, common-purpose theory, community-of-interest doctrine, joint-client privilege, joint-client doctrine, common-interest exception to waiver, and shared-confidentiality privilege." Id. 2 A small sample of these decision

12017–2017
Schaeffler v. United States green
ca2 · 2015
1 sentence

2017Presiding Justice Burke and Justice McBride concurred in the judgment and opinion. 1 A partial list of names include "the joint-defense doctrine, joint-defense privilege, joint-prosecutorial privilege, allied-lawyer privilege, common-interest doctrine, common-interest exception, common-interest privilege, common-interest rule, common-defense doctrine, pooled-information privilege, common-purpose theory, community-of-interest doctrine, joint-client privilege, joint-client doctrine, common-interest exception to waiver, and shared-confidentiality privilege." Id. 2 A small sample of these decision

12017–2017
United States v. BDO Seidman, LLP green
ca7 · 2007
1 sentence

2017Presiding Justice Burke and Justice McBride concurred in the judgment and opinion. 1 A partial list of names include "the joint-defense doctrine, joint-defense privilege, joint-prosecutorial privilege, allied-lawyer privilege, common-interest doctrine, common-interest exception, common-interest privilege, common-interest rule, common-defense doctrine, pooled-information privilege, common-purpose theory, community-of-interest doctrine, joint-client privilege, joint-client doctrine, common-interest exception to waiver, and shared-confidentiality privilege." Id. 2 A small sample of these decision

12017–2017
Davis v. Weiskopf green
illappct · 1982
1 sentence

1989(Davis v. Weiskopf, 108 Ill.

11989–1989
Galayda v. Penman green
illappct · 1980
1 sentence

1982(Galayda v. Penman (1980), 80 Ill.

11982–1982
People v. Banks neutral
illappct · 1968
1 sentence

1969People v. Dolgin, 415 Ill 434, 114 NE2d 389 ; People v. Banks, 103 Ill App2d 180, 243 NE2d 669 .

11969–1969
People v. Dolgin green
ill · 1953
1 sentence

1969People v. Dolgin, 415 Ill 434, 114 NE2d 389 ; People v. Banks, 103 Ill App2d 180, 243 NE2d 669 .

11969–1969
The People v. Earl green
ill · 1966
11967–1967
Schofield v. Thomas neutral
ill · 1907
11936–1936
De Grasse v. Verona Mining Co. green
mich · 1915
11934–1934
Merle v. Beifeld neutral
ill · 1916
11919–1919

Where else courts name it

CA 49 (1941–2025) TX 43 (1915–2016) NY 40 (1890–2026) PA 37 (1837–2025) IL 23 (1919–2026) IN 18 (1857–2018) AL 18 (1849–2015) GA 14 (1960–2023) NC 13 (1996–2020) OH 11 (2002–2021) WV 10 (1987–2011) NV 8 (1951–2018) NM 8 (1955–2024) OR 8 (1893–2026) MD 7 (1958–2016) FL 7 (1963–2025) MA 6 (1840–2016) NJ 6 (1860–2019) LA 6 (1958–2009) TN 6 (1926–2021) AZ 6 (2008–2021) MO 6 (1916–2004) ME 5 (1863–2021) MT 4 (1939–2012) KS 4 (1978–2004) HI 4 (1981–2019) VT 4 (1891–2014) VA 4 (1981–2022) CO 4 (2000–2025) WA 4 (1949–2020) DE 4 (2019–2026) SC 4 (2018–2023) AK 3 (1984–2025) UT 3 (2012–2023) CT 3 (1949–2021) KY 3 (1950–2023) AR 3 (2009–2025) ID 3 (2017–2026) IA 2 (1934–2022) DC 2 (1951–2001) MI 2 (2007–2014) NE 2 (1949–2020) WI 2 (1996–2014) SD 2 (2000–2003) RI 2 (2007–2008) MN 2 (1924–1928)

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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