reimbursement requirement (Illinois) · Go Syfert
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reimbursement requirement in Illinois

18 Illinois opinions name it 1 courts 1985–2015 0 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
R.E. Ex Rel. J.E. v. New York City Department of Educationgreen
ca2 · 2012 · cited in 2 Illinois opinions naming this issue, 2014–2014
2 sentences

2014As the Second Circuit Court of Appeals has explained, under the opposing view, “a school district could create an IEP that was materially defective, causing the parents to justifiably effect a private placement, and then defeat the parents’ reimbursement claim”–every time–“with evidence that effectively amends or fixes the IEP.” R.E. v. New York City Department of Education, 694 F.3d 167, 186 (2d Cir. 2012).

2014As the Second Circuit Court of Appeals has explained, under the opposing view, "a school district could create an IEP that was materially defective, causing the parents to justifiably effect a private placement, and then defeat the parents' reimbursement claim" – every time – "with evidence that effectively amends or fixes the IEP." R.E. v. New York 28 1-11-2247 City Department of Education, 694 F.3d 167, 186 (2d Cir. 2012).

22
Terra Nova Insurance Company, Ltd. v. 900 Bar, Inc.green
ca3 · 1989 · cited in 1 Illinois opinions naming this issue, 2004–2004
1 sentence

2004See, e.g., Terra Nova Insurance Co. v. 900 Bar, Inc., 887 F.2d 1213, 1219-20 (3d Cir. 1989) (concluding generally, under Pennsylvania law, that even when the insurer defends under a reservation of rights letter, it may not later recover costs expended in defending the insured, on the ground that the insurer’s provision of a defense is as much for its own benefit as for the insured’s).

11
Rehg v. Illinois Department of Revenuegreen
ill · 1992 · cited in 1 Illinois opinions naming this issue, 1996–1996
2 sentences

1996See also Rehg, 152 Ill. 2d at 524 , 605 N.E.2d at 535 .

1996See also Rehg, 152 Ill. 2d at 524 , 605 N.E.2d at 535 .

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 (12)

CaseCitedYears
People v. McClinton green
illappct · 2015
2 sentences

2015Id. 3 ¶ 11 Section 113-3.1(a) provides the necessary procedural framework for the reimbursement hearing.

2015Id. ¶ 11 Section 113-3.1(a) provides the necessary procedural framework for the reimbursement hearing.

22015–2015
Fort Dearborn Cartage Company ex rel. Chubb & Son, Inc. v. Rooks Transfer Co. green
illappct · 1985
2 sentences

2007Fort Dearborn, 136 Ill.

2007Fort Dearborn, 136 Ill.

22007–2007
Sosin v. Hayes green
illappct · 1994
2 sentences

2006Sosin, 258 Ill.

2006Sosin, 258 Ill.

22006–2006
General Agents Insurance Co. of America, Inc. v. Midwest Sporting Goods Co. green
ill · 2005
2 sentences

2007General Agents, 215 Ill. 2d at 162-63 .

2007General Agents, 215 Ill. 2d at 166 .

12007–2007
People v. Love green
ill · 1997
2 sentences

1998Love, 177 Ill. 2d at 564 , 687 N.E.2d at 39 .

1998Love, 177 Ill. 2d at 564 , 687 N.E.2d at 39 .

11998–1998
People v. Kirkpatrick green
illappct · 1992
1 sentence

1995App. 3d 401 , 608 N.E.2d 256 .) The reimbursement statute requires that the defendant’s financial circumstances be considered and allows for "special consideration” of third parties’ interests in bond money. (725 ILCS 5/113 — 3.1(a), (c) (West 1992).) Where the evidence establishes that the defendant has no ability, present or foreseeable, to pay for counsel, there is no authority for inquiring into a third party’s financial circumstances at the reimbursement hearing.

11995–1995
Hunt Ex Rel. Hunt v. Sherman green
minn · 1984
1 sentence

1992The subrogation clause in Hunt gave the Hunt ERISA plan administrator specific subrogation rights “to each participant’s right of recovery.” (Hunt, 345 N.W.2d at 751 .) The reimbursement clause here, as shown above, gives the Plan administrator reimbursement rights only with respect to the subscriber.

11992–1992
Davis v. Line Construction Benefit Fund green
mowd · 1984
1 sentence

1992Mo. 1984), 589 F. Supp. 146, 149 .) The Plan’s reimbursement clause only entitles respondent to reimbursement from the subscriber.

11992–1992
People v. Brown neutral
illappct · 1987
1 sentence

1992(Brown, 154 Ill.

11992–1992
People v. Oravis green
illappct · 1980
1 sentence

1986App. 3d 717 , 402 N.E.2d 297 ), the requirement for the fine here is in a somewhat different posture from the reimbursement requirement.

11986–1986
Department of Mental Health & Developmental Disabilities v. First National Bank green
illappct · 1982
1 sentence

1985Moreover, the allowance of that claim results from this court’s decision in Department of Mental Health & Developmental Disabilities v. First National Bank (1982), 104 Ill.

11985–1985
Albert Mojonnier, Inc. v. Industrial Commission neutral
ill · 1968
2 sentences

1985In Albert Mojonnier, Inc. v. Industrial Com. (1968), 41 Ill. 2d 128 , 242 N.E.2d 184 , the supreme court rejected an argument that an advertising circular promoting the loaning employer’s insurance coverage and bonding structure constituted an effective “agreement”; the court did not indicate what degree of particularity would be needed to properly waive the reimbursement requirement.

1985In Albert Mojonnier, Inc. v. Industrial Com. (1968), 41 Ill. 2d 128 , 242 N.E.2d 184 , the supreme court rejected an argument that an advertising circular promoting the loaning employer’s insurance coverage and bonding structure constituted an effective “agreement”; the court did not indicate what degree of particularity would be needed to properly waive the reimbursement requirement.

11985–1985

Statutes the citing opinions construe

IL § 720 ILCS 570/401 (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

TX 97 (1981–2025) CA 53 (1970–2026) LA 32 (1977–2025) IL 18 (1985–2015) AZ 11 (1992–2026) NY 9 (1988–2015) FL 8 (1980–2021) NJ 8 (1954–2017) WA 7 (1997–2022) MI 5 (1968–2009) IA 5 (2017–2020) AL 5 (2003–2024) OK 5 (1997–2008) NM 4 (1985–2018) OH 4 (1999–2006) IN 4 (1998–2018) WI 3 (1986–2020) AK 3 (1987–2013) MS 3 (2007–2011) MA 3 (1961–2026) MD 3 (1993–2012) UT 2 (2011–2013) TN 2 (1999–2021) VT 2 (2013–2013) MO 2 (1988–2012) PA 2 (1977–1977) KS 2 (1989–1994) VA 2 (1996–2017) SD 2 (2019–2019)

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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