concern doctrine (Illinois) · Go Syfert
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concern doctrine in Illinois

12 Illinois opinions name it 2 courts 1962–2022 1 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 (4)

CaseFollowedCited
Peile v. Skelgas, Inc.green
ill · 1994 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010“Subsequent decisions have reiterated that forum nonconveniens is founded in considerations of fundamental fairness and sensible and effective judicial administration.” Peile v. Skelgas, Inc., 163 Ill. 2d 323, 333 , 645 N.E.2d 184, 189 (1994).

2010“Subsequent decisions have reiterated that forum nonconveniens is founded in considerations of fundamental fairness and sensible and effective judicial administration.” Peile v. Skelgas, Inc., 163 Ill. 2d 323, 333 , 645 N.E.2d 184, 189 (1994).

22
Bidani v. Lewisgreen
illappct · 1996 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012Bidani, 285 Ill.App.3d at 550 , 221 Ill.Dec. 452 , 675 N.E.2d 647 ("judicial estoppel precludes a contradictory position without examining the truth of either statement").

2012Bidani, 285 Ill.App.3d at 550 , 221 Ill.Dec. 452 , 675 N.E.2d 647 ("judicial estoppel precludes a contradictory position without examining the truth of either statement").

12
People v. Hardemangreen
illappct · 1990 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022The concern is that a rule requiring the automatic appointment of new counsel would make it “ ‘too easy for criminal defendants to get rid of their court-appointed lawyers, delay their trials, or obtain reversals of their convictions.’ ” Id. at 814 (quoting ABA/BNA Lawyers’ Manual on Professional Conduct, at 51:406-51:407 (Feb. 28, 1990)); see also People v. Hardeman, 203 Ill.

11
In Re Marriage of Charlesgreen
illappct · 1996 · cited in 1 Illinois opinions naming this issue, 2006–2006
1 sentence

2006In re Marriage of Charles, 284 Ill.

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 (8)

CaseCitedYears
Torres v. Walsh green
ill · 1983
2 sentences

2010Our supreme court embodied this concern in the analysis from the very beginning upon its adoption of the doctrine in Torres: “In recognizing the discretion of the trial court to dismiss a case within its jurisdiction when a more appropriate intrastate forum is available and when maintenance of the action in the original forum causes unnecessary hardship to the defendant and other interested parties, we hope to promote fair play between plaintiffs and defendants and discourage the incessant jockeying for a more sympathetic jury likely to come forward with a more substantial award.” Torres, 98 I

2010Our supreme court embodied this concern in the analysis from the very beginning upon its adoption of the doctrine in Torres: “In recognizing the discretion of the trial court to dismiss a case within its jurisdiction when a more appropriate intrastate forum is available and when maintenance of the action in the original forum causes unnecessary hardship to the defendant and other interested parties, we hope to promote fair play between plaintiffs and defendants and discourage the incessant jockeying for a more sympathetic jury likely to come forward with a more substantial award.” Torres, 98 I

22010–2010
Supreme Hive Ladies of the Maccabees of the World v. Harrington green
ill · 1907
2 sentences

1994Supreme Hive Ladies of the Maccabees v. Harrington (1907), 227 Ill. 511, 525 .

1983(Supreme Hive Ladies of the Maccabees of the World v. Harrington (1907), 227 Ill. 511, 525 , 81 N.E. 533 .) In Lord v. Hubert (1957), 12 Ill. 2d 83 , 145 N.E.2d 77 , that inquiry was explicated to mean “any action taken by the litigant which recognizes the case as in court will amount to a general appearance unless such action was for the sole purpose of objecting to the jurisdiction.” (Emphasis added.) ( 12 Ill. 2d 83, 87 .) The Lord test has been followed in subsequent decisions.

21983–1994
People v. Johnson green
illappct · 1992
1 sentence

2022The concern is that a rule requiring the automatic appointment of new counsel would make it “ ‘too easy for criminal defendants to get rid of their court-appointed lawyers, delay their trials, or obtain reversals of their convictions.’ ” Id. at 814 (quoting ABA/BNA Lawyers’ Manual on Professional Conduct, at 51:406-51:407 (Feb. 28, 1990)); see also People v. Hardeman, 203 Ill.

12022–2022
The People v. Naujokas green
ill · 1962
2 sentences

1995(See Naujokas, 25 Ill. 2d at 35-36 .) Of course, neither circumstance would operate to negate resulting prejudice, a central concern to the claim Keene raises.

1995(See Naujokas, 25 Ill.2d at 35-36 , 182 N.E.2d 700 .) Of course, neither circumstance would operate to negate resulting prejudice, a central concern to the claim Keene raises.

11995–1995
Lord v. Hubert green
ill · 1957
2 sentences

1983(Supreme Hive Ladies of the Maccabees of the World v. Harrington (1907), 227 Ill. 511, 525 , 81 N.E. 533 .) In Lord v. Hubert (1957), 12 Ill. 2d 83 , 145 N.E.2d 77 , that inquiry was explicated to mean “any action taken by the litigant which recognizes the case as in court will amount to a general appearance unless such action was for the sole purpose of objecting to the jurisdiction.” (Emphasis added.) ( 12 Ill. 2d 83, 87 .) The Lord test has been followed in subsequent decisions.

1983(Supreme Hive Ladies of the Maccabees of the World v. Harrington (1907), 227 Ill. 511, 525 , 81 N.E. 533 .) In Lord v. Hubert (1957), 12 Ill. 2d 83 , 145 N.E.2d 77 , that inquiry was explicated to mean “any action taken by the litigant which recognizes the case as in court will amount to a general appearance unless such action was for the sole purpose of objecting to the jurisdiction.” (Emphasis added.) ( 12 Ill. 2d 83, 87 .) The Lord test has been followed in subsequent decisions.

11983–1983
Costello v. United States green
scotus · 1961
2 sentences

1978The concern of this doctrine is to prevent the admission of evidence “obtained from or as a consequence of lawless official acts, not evidence obtained from an ‘independent source.’ ” Costello v. United States, 365 U.S. 265, 280 , 5 L.

1978The concern of this doctrine is to prevent the admission of evidence “obtained from or as a consequence of lawless official acts, not evidence obtained from an ‘independent source.’ ” Costello v. United States, 365 U.S. 265, 280 , 5 L.

11978–1978
Shaffer v. Heitner green
scotus · 1977
2 sentences

1977According to International Shoe, “the relationship among the defendant, the forum, and the litigation *** became the central concern of the inquiry into personal jurisdiction.” Shaffer v. Heitner (1977), 433 U.S. 186, 204 , 53 L.

1977According to International Shoe, “the relationship among the defendant, the forum, and the litigation *** became the central concern of the inquiry into personal jurisdiction.” Shaffer v. Heitner (1977), 433 U.S. 186, 204 , 53 L.

11977–1977
Jepsen v. Board of Education of Community High School District No. 307 green
illappct · 1958
1 sentence

1962It was pointed out in Jepsen v. Board of Education, 19 Ill App2d 204, 153 NE2d 417 , the statute on dismissal is silent as to what constitutes cause, and that therefore the right to determine the question in the first instance is in the tribunal having jurisdiction of the teachers.

11962–1962

Where else courts name it

CA 15 (1979–2023) IL 12 (1962–2022) DC 10 (1981–2016) PA 10 (1970–2024) MA 10 (1982–2019) NY 8 (1977–2021) MD 7 (1982–2017) NJ 6 (1977–2018) IN 6 (1991–2020) FL 5 (1983–2006) DE 5 (1977–2025) MI 4 (1981–2023) AK 4 (1997–2019) WA 4 (1989–2019) TX 4 (1992–2021) UT 4 (1989–2025) ND 4 (1978–2018) NM 4 (1966–2002) NH 3 (2003–2020) OH 3 (2007–2011) LA 2 (1986–1997) OR 2 (2012–2022) WY 2 (1980–1990) NC 2 (1984–1999) NE 2 (1994–1994) CT 2 (1989–2016) MT 2 (1987–2023)

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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