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13 Illinois opinions name it 2 courts 1975–2019 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.
| Case | Followed | Cited |
|---|---|---|
People v. McGheegreen2 sentences2004Compare Smith, 341 Ill.App.3d at 537 (First District, First Division) ("we do not necessarily agree that Boclair compels similar treatment for the defenses of waiver and res judicata as it does for timeliness"), with People v. McGhee, 337 Ill.App.3d 992, 995-96 , 787 N.E.2d 324 , 272 Ill.Dec. 509 (2003) (First District, Third Division) (the trial court may not rely on res judicata or waiver to summarily dismiss a first-stage postconviction petition because, like timeliness, res judicata and waiver constitute procedural bars and do not address the substantive merit of the defendant's claims). 2004App. 3d at 537 (First District, First Division) (“we do not necessarily agree that Boclair compels similar treatment for the defenses of waiver and res judicata as it does for timeliness”), with People v. McGhee, 337 Ill. | 2 | 3 |
Village of Itasca v. Village of Lislegreen2 sentences2015App. 3d 847, 853 , 817 N.E.2d 160, 167 (2004). ¶ 36 As noted above, we have determined that the Commission has exclusive original jurisdiction to determine the disputed issues of law and fact in the present case, which concern the plaintiff's right to seek further benefits under the Act and the defendants' defenses to his claim. 2015App. 3d 847, 853 , 817 N.E.2d 160, 167 (2004). ¶ 36 As noted above, we have determined that the Commission has exclusive original jurisdiction to determine the disputed issues of law and fact in the present case, which concern the plaintiff’s right to seek further benefits under the Act and the defendants’ defenses to his claim. | 2 | 2 |
Gunnels v. Industrial Commissiongreen2 sentences2008Gunnels v. Industrial Comm’n, 30 Ill. 2d 181, 185 , 195 N.E.2d 609, 611 (1964). 2008Gunnels v. Industrial Comm’n, 30 Ill. 2d 181, 185 , 195 N.E.2d 609, 611 (1964). | 2 | 2 |
Pantle v. Industrial Commissiongreen2 sentences2019See Pantle v. Industrial Comm’n, 61 Ill. 2d 365, 367 (1975) (“The defenses of waiver and estoppel may properly be raised and proved to nullify the effect of [the statute of limitations in the Worker’s Compensation Act],” and filing a claim within the statutory period of limitations is “not a jurisdictional requirement.”); McRaith v. BDO Seidman, LLP, 391 Ill. 1975Pantle v. Industrial Com., 61 Ill.2d 365 ; Pope v. Industrial Com., 53 Ill.2d 560 . | 1 | 2 |
McRaith v. BDO Seidman, LLPgreen1 sentence2019See Pantle v. Industrial Comm’n, 61 Ill. 2d 365, 367 (1975) (“The defenses of waiver and estoppel may properly be raised and proved to nullify the effect of [the statute of limitations in the Worker’s Compensation Act],” and filing a claim within the statutory period of limitations is “not a jurisdictional requirement.”); McRaith v. BDO Seidman, LLP, 391 Ill. | 1 | 1 |
People v. Smithgreen2 sentences2004People v. Smith, 341 Ill.App.3d 530, 536 , 276 Ill.Dec. 472 , 794 N.E.2d 367 (2003) ( "Boclair does not *574 specifically address the defenses of waiver and res judicat " The waiver issue was squarely addressed in Cleveland , where sheld that the for summarily dismissing a postconviction petition." Cleveland, 342 Ill.App.3d at 915 . 2004People v. Smith, 341 Ill.App.3d 530, 536 , 276 Ill.Dec. 472 , 794 N.E.2d 367 (2003) ( "Boclair does not *574 specifically address the defenses of waiver and res judicat " The waiver issue was squarely addressed in Cleveland , where sheld that the for summarily dismissing a postconviction petition." Cleveland, 342 Ill.App.3d at 915 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Atkins
neutral
2 sentences2015"In cases involving a determination of an employee's entitlement to workers' compensation benefits and the employer's defenses to the claim, the circuit court's role is appellate only." Id. ¶ 24 In the present case, the plaintiff's complaint alleges that the defendants are attempting to improperly deny workers' compensation benefits based on the settlement of the third-party proceeding. 2015“In cases involving a determination of an employee’s entitlement to workers’ compensation benefits and the employer’s defenses to the claim, the circuit court’s role is appellate only.” Id. ¶ 24 In the present case, the plaintiff’s complaint alleges that the defendants are attempting to improperly deny workers’ compensation benefits based on the settlement of the third-party proceeding. | 2 | 2015–2015 |
People v. Cleveland
green
2 sentences2004People v. Smith, 341 Ill.App.3d 530, 536 , 276 Ill.Dec. 472 , 794 N.E.2d 367 (2003) ( "Boclair does not *574 specifically address the defenses of waiver and res judicat " The waiver issue was squarely addressed in Cleveland , where sheld that the for summarily dismissing a postconviction petition." Cleveland, 342 Ill.App.3d at 915 . 2004The waiver issue was squarely addressed in Cleveland, where this court held that “waiver is not a proper basis for summarily dismissing a postconviction petition.” Cleveland, 342 Ill. | 2 | 2004–2004 |
Pope v. Industrial Commission
neutral
2 sentences1975Railway Express Agency v. Industrial Com., 415 Ill. 294 ; Pope v. Industrial Com., 53 Ill.2d 560 . 1975Pantle v. Industrial Com., 61 Ill.2d 365 ; Pope v. Industrial Com., 53 Ill.2d 560 . | 2 | 1975–1975 |
People v. Lucas
green
2 sentences2004In People v. Lucas, 203 Ill.2d 410 , 787 N.E.2d 113 , 272 Ill.Dec. 298 (2002), the supreme court reviewed the summary dismissal of a postconviction petition and stated that "any issues considered by the court on direct appeal are barred by the doctrine of res judicata, and issues which could have been raised on direct appeal are deemed waived." Lucas, 203 Ill.2d at 418 . 2004In People v. Lucas, 203 Ill.2d 410 , 787 N.E.2d 113 , 272 Ill.Dec. 298 (2002), the supreme court reviewed the summary dismissal of a postconviction petition and stated that "any issues considered by the court on direct appeal are barred by the doctrine of res judicata, and issues which could have been raised on direct appeal are deemed waived." Lucas, 203 Ill.2d at 418 . | 1 | 2004–2004 |
People v. Etherly
green
1 sentence2004Etherly, 344 Ill. | 1 | 2004–2004 |
People v. McCain
green
1 sentence2003In McGhee , the court extrapolated the reasoning in Boclair to apply to other affirmative defenses such as waiver and res judicata as well as to timeliness based upon Boclair 's affirmance of People v. McCain , 312 Ill. | 1 | 2003–2003 |
Johnson v. Johnson
neutral
1 sentence1979(Johnson v. Johnson (1975), 26 Ill. | 1 | 1979–1979 |
Railway Express Agency v. Industrial Commission
green
1 sentence1975Railway Express Agency v. Industrial Com., 415 Ill. 294 ; Pope v. Industrial Com., 53 Ill.2d 560 . | 1 | 1975–1975 |
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.