13 Illinois opinions name it 2 courts 1989–2020 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 |
|---|---|---|
cluster 579986green2 sentences2019In the Seventh Circuit, the futility exception requires plaintiffs to show “ ‘that it is certain that their claim will be denied on appeal, 15 No. 1-18-1646 not merely that they doubt an appeal will result in a different decision.’ ” Citadel Securities, LLC v. Chicago Board Options Exchange, Inc., 808 F.3d 694, 700 (7th Cir. 2015) (quoting Smith v. Blue Cross & Blue Shield United of Wisconsin, 959 F.2d 655, 659 (7th Cir.1992)). ¶ 69 The fact that the Board members adjudicating plaintiffs’ cases were appointed by one of the parties to the administrative proceeding, the Sheriff, certainly leaves 2019In the Seventh Circuit, the futility exception requires plaintiffs to show “ ‘that it is certain that their claim will be denied on appeal, not merely that they doubt an appeal will result in a different decision.’ ” Citadel Securities, LLC v. Chicago Board Options Exchange, Inc., 808 F.3d 694, 700 (7th Cir. 2015) (quoting Smith v. Blue Cross & Blue Shield United of Wisconsin, 959 F.2d 655, 659 (7th Cir. 1992)). ¶ 69 The fact that the Board members adjudicating plaintiffs’ cases were appointed by one of the parties to the administrative proceeding, the Sheriff, certainly leaves open the possib | 2 | 2 |
Citadel Securities, LLC v. Chicago Board Options Exchange, Inc.green2 sentences2019In the Seventh Circuit, the futility exception requires plaintiffs to show “ ‘that it is certain that their claim will be denied on appeal, 15 No. 1-18-1646 not merely that they doubt an appeal will result in a different decision.’ ” Citadel Securities, LLC v. Chicago Board Options Exchange, Inc., 808 F.3d 694, 700 (7th Cir. 2015) (quoting Smith v. Blue Cross & Blue Shield United of Wisconsin, 959 F.2d 655, 659 (7th Cir.1992)). ¶ 69 The fact that the Board members adjudicating plaintiffs’ cases were appointed by one of the parties to the administrative proceeding, the Sheriff, certainly leaves 2019In the Seventh Circuit, the futility exception requires plaintiffs to show “ ‘that it is certain that their claim will be denied on appeal, not merely that they doubt an appeal will result in a different decision.’ ” Citadel Securities, LLC v. Chicago Board Options Exchange, Inc., 808 F.3d 694, 700 (7th Cir. 2015) (quoting Smith v. Blue Cross & Blue Shield United of Wisconsin, 959 F.2d 655, 659 (7th Cir. 1992)). ¶ 69 The fact that the Board members adjudicating plaintiffs’ cases were appointed by one of the parties to the administrative proceeding, the Sheriff, certainly leaves open the possib | 2 | 2 |
Cullen v. Town Council of the Lincolngreen2 sentences2008See, e.g., Cullen v. Town Council, 850 A.2d 900, 906 (R.I.2004); Coleman v. Newburgh Enlarged City School District, 319 F.Supp.2d 446, 450 (S.D.N.Y.2004); Rann v. Chao, 154 F.Supp.2d 61, 65 (D.D.C. 2001). 2008See, e.g., Cullen v. Town Council, 850 A.2d 900, 906 (R.I. 2004); Coleman v. Newburgh Enlarged City School District, 319 F. Supp. 2d 446, 450 (S.D.N.Y. 2004); Rann v. Chao, 154 F. Supp. 2d 61, 65 (D.D.C. 2001). | 2 | 2 |
Rann v. Chaogreen2 sentences2008See, e.g., Cullen v. Town Council, 850 A.2d 900, 906 (R.I.2004); Coleman v. Newburgh Enlarged City School District, 319 F.Supp.2d 446, 450 (S.D.N.Y.2004); Rann v. Chao, 154 F.Supp.2d 61, 65 (D.D.C. 2001). 2008See, e.g., Cullen v. Town Council, 850 A.2d 900, 906 (R.I. 2004); Coleman v. Newburgh Enlarged City School District, 319 F. Supp. 2d 446, 450 (S.D.N.Y. 2004); Rann v. Chao, 154 F. Supp. 2d 61, 65 (D.D.C. 2001). | 2 | 2 |
Coleman v. Newburgh Enlarged City School Districtgreen2 sentences2008See, e.g., Cullen v. Town Council, 850 A.2d 900, 906 (R.I.2004); Coleman v. Newburgh Enlarged City School District, 319 F.Supp.2d 446, 450 (S.D.N.Y.2004); Rann v. Chao, 154 F.Supp.2d 61, 65 (D.D.C. 2001). 2008See, e.g., Cullen v. Town Council, 850 A.2d 900, 906 (R.I. 2004); Coleman v. Newburgh Enlarged City School District, 319 F. Supp. 2d 446, 450 (S.D.N.Y. 2004); Rann v. Chao, 154 F. Supp. 2d 61, 65 (D.D.C. 2001). | 2 | 2 |
Traff v. Fabrogreen2 sentences2005Contrary to plaintiff's contention, those denials do not establish "an existing standard" or practice by which the Director denies such motions "as a matter of course." See Traff v. Fabro , 337 Ill. 2005Contrary to plaintiffs contention, those denials do not establish “an existing standard” or practice by which the Director denies such motions “as a matter of course.” See Traff v. Fabro, 337 Ill. | 2 | 2 |
Kawaoka v. City of Arroyo Grandegreen1 sentence2020See Kawaoka v. City of Arroyo Grande, 17 F.3d 1227, 1232 (9th Cir. 1994) (the futility exception does not alter a party’s obligation to file at least one meaningful development proposal); Freeman v. United States, 875 F.3d 623, 628 (Fed. | 1 | 1 |
Freeman v. United Statesgreen1 sentence2020See Kawaoka v. City of Arroyo Grande, 17 F.3d 1227, 1232 (9th Cir. 1994) (the futility exception does not alter a party’s obligation to file at least one meaningful development proposal); Freeman v. United States, 875 F.3d 623, 628 (Fed. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Castaneda v. Illinois Human Rights Commission
green
2 sentences2019And as we’ve said, they rely not on the facial-challenge exception to the exhaustion bar but on the futility exception. ¶ 64 “An aggrieved party may seek judicial review of an administrative decision without complying with the exhaustion of remedies doctrine *** where the agency cannot provide an adequate remedy or where it is patently futile to seek relief before the agency.” Castaneda, 132 Ill. 2d at 308–09. 2019Instead, they again raise what we call the futility exception, albeit a slight variation on it, where the exhaustion requirement is waived because the administrative action “cannot provide an adequate remedy.” Castaneda, 132 Ill. 2d at 308–09. ¶ 78 We see this claim differently than the other due process claims. | 3 | 1990–2019 |
Dock Club, Inc. v. Illinois Liquor Control Commission
green
2 sentences1992Dock Club, Inc. v. Illinois Liquor Control Comm’n (1980), 83 Ill. 1992The court observed that to adopt the plaintiff’s theories “would be to condone a race to the courthouse and to undermine severely the authority of the [administrative agency], a result quite clearly not intended by the legislature.” 83 Ill. | 3 | 1991–1992 |
Northwestern University v. City of Evanston
green
2 sentences1992(Northwestern University v. City of Evanston (1978), 74 Ill. 2d 80 , 383 N.E.2d 964 .) The futility doctrine, as it is sometimes called, is limited to the factual situation presented on a case-by-case basis. 1992(Northwestern University v. City of Evanston (1978), 74 Ill. 2d 80 , 383 N.E.2d 964 .) The futility doctrine, as it is sometimes called, is limited to the factual situation presented on a case-by-case basis. | 3 | 1989–1992 |
Canel v. Topinka
green
2 sentences2008In support of its conclusion that the futility exception does apply here, the majority relies on Canel v. Topinka, 212 Ill.2d 311 , 288 Ill.Dec. 623 , 818 N.E.2d 311 (2004), which held that the plaintiff was exempted from exhausting administrative remedies because to do so would have been futile. 2008In support of its conclusion that the futility exception does apply here, the majority relies on Canel v. Topinka, 212 Ill. 2d 311 (2004), which held that the plaintiff was exempted from exhausting administrative remedies because to do so would have been futile. | 2 | 2008–2008 |
Beahringer v. Page
green
2 sentences2008The majority rejects Beahringer v. Page, 204 Ill.2d 363 , 273 Ill.Dec. 784 , 789 N.E.2d 1216 (2003), as support for defendants' argument that the futility exception does not apply in this case. 2008The majority rejects Beahringer v. Page, 204 Ill. 2d 363 (2003), as support for defendants’ argument that the futility exception does not apply in this case. | 2 | 2008–2008 |
Constantine v. Village of Glen Ellyn
green
1 sentence1993(Constantine v. Village of Glen Ellyn (1991), 217 Ill. | 1 | 1993–1993 |
Castaneda v. Human Rights Commission
green
1 sentence1989App. 3d at 1087 .) The court also held that plaintiff’s petition did not fit into the futility exception because parties aggrieved by administrative rulings cannot avoid the exhaustion requirement merely because the relief they seek before an agency may be, or even probably will be, denied. 175 Ill. | 1 | 1989–1989 |
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.