notable exception (Illinois) · Go Syfert
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notable exception in Illinois

13 Illinois opinions name it 2 courts 1979–2024 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 (12)

CaseFollowedCited
Figgie International, Inc. v. Department of Revenuegreen
illappct · 1988 · cited in 2 Illinois opinions naming this issue, 2014–2014
2 sentences

2014See Figgie International, Inc. v. Department of Revenue, 167 Ill.

2014See Figgie International, Inc. v. Department of Revenue, 167 Ill.

22
Chicago Title & Trust Co v. Wabash-Randolph Corp.green
ill · 1943 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000Daniels v. Anderson, 162 Ill. 2d 47, 63 , 642 N.E.2d 128 (1994); Petersen v. Hubschmun Construction Co., 76 Ill. 2d 31, 39 , 389 N.E.2d 1154, 1157 (1979); Chicago Title & Trust Co. v. Wabash-Randolph Corp., 384 Ill. 78, 87 , 51 N.E.2d 132, 137 (1943); Trapp v. Gordon, 366 Ill. 102 , 7 N.E.2d 869 (1937).

2000Daniels v. Anderson, 162 Ill. 2d 47, 63 , 642 N.E.2d 128 (1994); Petersen v. Hubschmun Construction Co., 76 Ill. 2d 31, 39 , 389 N.E.2d 1154, 1157 (1979); Chicago Title & Trust Co. v. Wabash-Randolph Corp., 384 Ill. 78, 87 , 51 N.E.2d 132, 137 (1943); Trapp v. Gordon, 366 Ill. 102 , 7 N.E.2d 869 (1937).

22
Petersen v. Hubschman Construction Co.green
ill · 1979 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000Daniels v. Anderson, 162 Ill. 2d 47, 63 , 642 N.E.2d 128 (1994); Petersen v. Hubschmun Construction Co., 76 Ill. 2d 31, 39 , 389 N.E.2d 1154, 1157 (1979); Chicago Title & Trust Co. v. Wabash-Randolph Corp., 384 Ill. 78, 87 , 51 N.E.2d 132, 137 (1943); Trapp v. Gordon, 366 Ill. 102 , 7 N.E.2d 869 (1937).

2000Daniels v. Anderson, 162 Ill. 2d 47, 63 , 642 N.E.2d 128 (1994); Petersen v. Hubschmun Construction Co., 76 Ill. 2d 31, 39 , 389 N.E.2d 1154, 1157 (1979); Chicago Title & Trust Co. v. Wabash-Randolph Corp., 384 Ill. 78, 87 , 51 N.E.2d 132, 137 (1943); Trapp v. Gordon, 366 Ill. 102 , 7 N.E.2d 869 (1937).

22
Iseberg v. Grossgreen
ill · 2007 · cited in 2 Illinois opinions naming this issue, 2018–2018
2 sentences

2018Iseberg v. Gross , 227 Ill. 2d 78 , 88, 316 Ill.Dec. 211 , 879 N.E.2d 278 (2007) ; see also Restatement (Second) of Torts § 314A (1965).

2018Iseberg v. Gross , 227 Ill. 2d 78 , 88, 316 Ill.Dec. 211 , 879 N.E.2d 278 (2007) ; see also Restatement (Second) of Torts § 314A (1965).

12
Healy v. Vaupelgreen
ill · 1990 · cited in 1 Illinois opinions naming this issue, 2024–2024
2 sentences

2024Carmody, 2012 IL App (4th) 120202, ¶ 22 (citing Healy v. Vaupel, 133 Ill. 2d 295, 309 , 549 N.E.2d 1240, 1247 (1990)). - 19 - ¶ 50 Consistent with the above authorities, a notable exception to sovereign immunity is the officer suit exception, which our supreme court has described as follows: “Where *** a plaintiff alleges that the State officer’s conduct violates statutory or constitutional law or is in excess of his or her authority, such conduct is not regarded as the conduct of the State.

2024Carmody, 2012 IL App (4th) 120202, ¶ 22 (citing Healy v. Vaupel, 133 Ill. 2d 295, 309 , 549 N.E.2d 1240, 1247 (1990)). - 19 - ¶ 50 Consistent with the above authorities, a notable exception to sovereign immunity is the officer suit exception, which our supreme court has described as follows: “Where *** a plaintiff alleges that the State officer’s conduct violates statutory or constitutional law or is in excess of his or her authority, such conduct is not regarded as the conduct of the State.

11
Carmody v. Thompsongreen
illappct · 2012 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024Carmody, 2012 IL App (4th) 120202, ¶ 22 (citing Healy v. Vaupel, 133 Ill. 2d 295, 309 , 549 N.E.2d 1240, 1247 (1990)). - 19 - ¶ 50 Consistent with the above authorities, a notable exception to sovereign immunity is the officer suit exception, which our supreme court has described as follows: “Where *** a plaintiff alleges that the State officer’s conduct violates statutory or constitutional law or is in excess of his or her authority, such conduct is not regarded as the conduct of the State.

11
People v. Carneygreen
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024But, with the notable exception of evaluating whether consecutive sentences result in a de facto life sentence, our supreme court has consistently taught “that consecutive sentences do not constitute a single sentence and cannot be combined as though they were one sentence for one offense.” People v. Carney, 196 Ill. 2d 518, 530 (2001); but see People v. Reyes, 2016 IL 119271, ¶¶ 8-10 (aggregating sentences imposed for offenses committed during same course of conduct and concluding that aggregate sentence amounted to de facto life).

11
Rowe v. State Bank of Lombardgreen
ill · 1988 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See, e.g., Rowe v. State Bank of Lombard, 125 Ill. 2d 203, 215-16 (1988) (“Generally, there is no duty requiring a landowner to protect others from criminal activity by third persons on his property absent a ‘special 6 No. 1-21-1482 relationship’ between the parties.”); Gress v. Lakhani Hospitality, Inc., 2018 IL App (1st) 170380, ¶ 15 (“While generally speaking, the owner or possessor of property does not owe a duty to protect invitees from the criminal acts of third parties, however, a notable exception to this is if a special relationship exists between the parties ***.”). ¶ 19 However, as

11
Marshall v. Burger King Corp.green
ill · 2006 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022Marshall, 222 Ill. 2d at 438 (“certain special relationships may give rise to an affirmative duty to aid or protect another against unreasonable risk of physical harm”).

11
Gress v. Lakhani Hospitality, Inc.green
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See, e.g., Rowe v. State Bank of Lombard, 125 Ill. 2d 203, 215-16 (1988) (“Generally, there is no duty requiring a landowner to protect others from criminal activity by third persons on his property absent a ‘special 6 No. 1-21-1482 relationship’ between the parties.”); Gress v. Lakhani Hospitality, Inc., 2018 IL App (1st) 170380, ¶ 15 (“While generally speaking, the owner or possessor of property does not owe a duty to protect invitees from the criminal acts of third parties, however, a notable exception to this is if a special relationship exists between the parties ***.”). ¶ 19 However, as

11
Zimmermann v. Netemeyergreen
illappct · 1984 · cited in 1 Illinois opinions naming this issue, 1985–1985
1 sentence

1985(Zimmermann v. Netemeyer (1984), 122 Ill.

11
Stovall v. Dennogreen
scotus · 1967 · cited in 1 Illinois opinions naming this issue, 1979–1979
2 sentences

1979See Stovall v. Denno (1967), 388 U.S. 293 , 18 L.

1979See Stovall v. Denno (1967), 388 U.S. 293 , 18 L.

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
People v. Reyesgreen
ill · 2016 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024But, with the notable exception of evaluating whether consecutive sentences result in a de facto life sentence, our supreme court has consistently taught “that consecutive sentences do not constitute a single sentence and cannot be combined as though they were one sentence for one offense.” People v. Carney, 196 Ill. 2d 518, 530 (2001); but see People v. Reyes, 2016 IL 119271, ¶¶ 8-10 (aggregating sentences imposed for offenses committed during same course of conduct and concluding that aggregate sentence amounted to de facto life).

11

Also cited on this issue (6)

CaseCitedYears
Daniels v. Anderson green
ill · 1994
2 sentences

2000Daniels v. Anderson, 162 Ill. 2d 47, 63 , 642 N.E.2d 128 (1994); Petersen v. Hubschmun Construction Co., 76 Ill. 2d 31, 39 , 389 N.E.2d 1154, 1157 (1979); Chicago Title & Trust Co. v. Wabash-Randolph Corp., 384 Ill. 78, 87 , 51 N.E.2d 132, 137 (1943); Trapp v. Gordon, 366 Ill. 102 , 7 N.E.2d 869 (1937).

2000Daniels v. Anderson, 162 Ill. 2d 47, 63 , 642 N.E.2d 128 (1994); Petersen v. Hubschmun Construction Co., 76 Ill. 2d 31, 39 , 389 N.E.2d 1154, 1157 (1979); Chicago Title & Trust Co. v. Wabash-Randolph Corp., 384 Ill. 78, 87 , 51 N.E.2d 132, 137 (1943); Trapp v. Gordon, 366 Ill. 102 , 7 N.E.2d 869 (1937).

22000–2000
Trapp v. Gordon green
ill · 1937
2 sentences

2000Daniels v. Anderson, 162 Ill. 2d 47, 63 , 642 N.E.2d 128 (1994); Petersen v. Hubschmun Construction Co., 76 Ill. 2d 31, 39 , 389 N.E.2d 1154, 1157 (1979); Chicago Title & Trust Co. v. Wabash-Randolph Corp., 384 Ill. 78, 87 , 51 N.E.2d 132, 137 (1943); Trapp v. Gordon, 366 Ill. 102 , 7 N.E.2d 869 (1937).

2000Daniels v. Anderson, 162 Ill. 2d 47, 63 , 642 N.E.2d 128 (1994); Petersen v. Hubschmun Construction Co., 76 Ill. 2d 31, 39 , 389 N.E.2d 1154, 1157 (1979); Chicago Title & Trust Co. v. Wabash-Randolph Corp., 384 Ill. 78, 87 , 51 N.E.2d 132, 137 (1943); Trapp v. Gordon, 366 Ill. 102 , 7 N.E.2d 869 (1937).

22000–2000
Parmar v. Madigan green
ill · 2018
1 sentence

2024The underlying principle is that conduct taken by a State officer without legal authority strips the officer of his or her official status. [Citation.] Thus, a complaint seeking to prospectively enjoin such unlawful conduct may be brought in the circuit court without offending sovereign immunity principles. [Citations].” Parmar, 2018 IL 122265, ¶ 22 . ¶ 51 Significantly, however, “not every legal wrong committed by an officer of the State will trigger [the officer suit] exception.” Leetaru, 2015 IL 117485 , ¶ 47.

12024–2024
In Re Marriage of Sawyer green
illappct · 1994
1 sentence

2024App. 3d 839, 850 (1994) (noting that “[u]pon filing a notice of appeal, the trial court is divested of jurisdiction to enter any order involving a matter of substance, and the jurisdiction of the appellate court attaches instanter”). ¶ 54 There is a notable exception to this rule, however. “[T]he trial court retains jurisdiction to determine matters arising independent of and collateral to the judgment.” Sawyer, 264 Ill.

12024–2024
Leetaru v. The Board of Trustees of the University of Illinois green
ill · 2015
1 sentence

2024The underlying principle is that conduct taken by a State officer without legal authority strips the officer of his or her official status. [Citation.] Thus, a complaint seeking to prospectively enjoin such unlawful conduct may be brought in the circuit court without offending sovereign immunity principles. [Citations].” Parmar, 2018 IL 122265, ¶ 22 . ¶ 51 Significantly, however, “not every legal wrong committed by an officer of the State will trigger [the officer suit] exception.” Leetaru, 2015 IL 117485 , ¶ 47.

12024–2024
Matchett v. Rose green
illappct · 1976
1 sentence

1983App. 3d 638, 646-47 , 344 N.E.2d 770 .) A notable exception to the rule relates to the assertion of a claim against an estate under section 18 — 1 of the Probate Act of 1975 (Ill.

11983–1983

Statutes the citing opinions construe

IL § 735 ILCS 5/2-615 (5)

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

CA 19 (1976–2024) NY 17 (1955–2014) OH 16 (1905–2026) FL 15 (1973–2015) TX 13 (1945–2026) IL 13 (1979–2024) IN 12 (1885–2020) OR 10 (1962–2024) NJ 9 (1976–2010) AR 9 (1999–2022) GA 7 (1931–1994) PA 6 (1965–2024) SC 6 (1939–2020) MD 6 (1959–2020) HI 5 (1999–2022) MN 5 (1902–2026) TN 5 (1997–2013) KS 5 (1903–2025) MI 5 (2006–2023) CT 4 (1972–2023) MO 4 (1987–2009) LA 4 (1953–2018) WA 3 (2001–2025) DC 3 (1997–2020) WV 3 (1974–2022) CO 3 (1963–2017) AK 3 (1996–2015) ID 2 (1989–2006) AZ 2 (1971–2013) SD 2 (1983–2024) KY 2 (2011–2016) OK 2 (1913–1953) NM 2 (1982–2003) WI 2 (1959–2008) AL 2 (2000–2001) NE 2 (1981–2018) IA 2 (1968–2020)

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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