remoteness doctrine (Illinois) · Go Syfert
← Illinois issues

remoteness doctrine in Illinois

12 Illinois opinions name it 2 courts 1991–2024 2 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
County of Cook v. Phillip Morris, Inc.green
illappct · 2004 · cited in 4 Illinois opinions naming this issue, 2005–2024
2 sentences

2009Therefore, one manner of determining proximate cause is through the remoteness doctrine or “direct-injury” test, which holds that there must be “ ‘some direct relation between the injury asserted and the injurious conduct alleged.’ ” County of Cook, 353 Ill.

2005App. 3d 55 , 817 N.E.2d 1039 (2004), this court held that the remoteness doctrine, also referred to as the direct injury test, barred the county’s action seeking damages against tobacco manufacturers for the cost of treating smokers.

14
People v. Martinezgreen
illappct · 2021 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See Martinez, 2021 IL App (1st) 182553, ¶ 46 ; Barnes, 2017 IL App (1st) 143902, ¶ 49 . ¶ 23 Nevertheless, defendant argues that the trial court’s remoteness analysis ignored the context of Commander Bauer and his rank within the Chicago Police Department.

11
Kraft Chemical Co. v. Illinois Bell Telephone Co.green
illappct · 1992 · cited in 1 Illinois opinions naming this issue, 2004–2004
1 sentence

2004See Kraft Chemical Co. v. Illinois Bell Telephone Co., 240 Ill.

11
Blue Cross & Blue Shield of New Jersey, Inc. v. Philip Morris, Inc.green
nyed · 1999 · cited in 1 Illinois opinions naming this issue, 2004–2004
1 sentence

2004See City & County of San Francisco v. Philip Morris, Inc., No. C 96 — 2090 (March 3, 1998); see also Blue Cross & Blue Shield of New Jersey, Inc., 36 F. Supp. 2d 560 (rejecting remoteness doctrine where plaintiffs alleged injuries stemming from their own reliance on defendants’ misrepresentations).

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 (9)

CaseCitedYears
People v. Gibbs green
illappct · 2016
2 sentences

2018Although the court in Ellis was discussing the evidence under both the Montgomery standard, which has an explicit 10-year limitation period, and the Lynch standard, there is nothing in the decision to suggest that the remoteness analysis applied solely to the evidence under Montgomery, as defendant suggests, and not under both standards. - 10 - ¶ 51 Defendant, nonetheless, relies on People v. Gibbs, 2016 IL App (1st) 140785 , ¶ 34, where this court affirmed the trial court’s decision to allow the defendant to present evidence of the victim’s 14-year-old conviction for domestic violence via sti

2017Although the court in Ellis was discussing the evidence under both the Montgomery standard, which has an explicit 10-year limitation period, and the Lynch standard, there is nothing in the decision to suggest that the remoteness analysis applied solely to the evidence under Montgomery , as defendant suggests, and not under both standards. ¶ 51 Defendant, nonetheless, relies on People v. Gibbs , 2016 IL App (1st) 140785 , ¶ 34, 404 Ill.Dec. 137 , 55 N.E.3d 233 , where this court affirmed the trial court's decision to allow the defendant to present evidence of the victim's 14-year-old conviction

22017–2018
Holmes v. Securities Investor Protection Corporation green
scotus · 1992
2 sentences

2009App. 3d at 60 , quoting Holmes v. Securities Investor Protection Corp., 503 U.S. 258, 268 , 117 L.

2009App. 3d at 60 , quoting Holmes v. Securities Investor Protection Corp., 503 U.S. 258, 268 , 117 L.

22004–2009
City of Cincinnati v. Beretta U.S.A. Corp. green
ohio · 2002
2 sentences

2003City of Cincinnati, 95 Ohio St.3d at 417 , 768 N.E.2d at 1140.

2003City of Cincinnati, 95 Ohio St. 3d at 417 , 768 N.E.2d at 1140.

22002–2003
In re Commonwealth Edison Co. Illinois Consumer Fraud Litigation green
illappct · 2023
1 sentence

2024Legal cause is essentially a question of foreseeability: a negligent act is a proximate cause of an injury if the injury is of a type which a reasonable [person] would see as a likely result of [their] conduct.” (Internal citations and quotation marks omitted.) ComEd, 2023 IL App (1st) 220105, ¶ 23 . ¶ 60 “One way in which the concept of proximate cause operates is through the remoteness doctrine, which is sometimes called the direct-injury test.

12024–2024
People v. Barnes green
illappct · 2017
1 sentence

2023See Martinez, 2021 IL App (1st) 182553, ¶ 46 ; Barnes, 2017 IL App (1st) 143902, ¶ 49 . ¶ 23 Nevertheless, defendant argues that the trial court’s remoteness analysis ignored the context of Commander Bauer and his rank within the Chicago Police Department.

12023–2023
Arangold Corp. v. Zehnder green
illappct · 2002
1 sentence

2004The plaintiffs’ reliance on Arangold Corp. v. Zehnder, 329 Ill.

12004–2004
Shannon v. Boise Cascade green
illappct · 2002
1 sentence

2004In Shannon v. Boise Cascade, 328 Ill.

12004–2004
Dundee Cement Company v. Chemical Laboratories, Inc. green
ca7 · 1983
1 sentence

1992(Dundee Cement Co. v. Chemical Laboratories, Inc. (7th Cir. 1983), 712 F.2d 1166 .) The doctrine of remoteness is not based upon a factual inquiry to determine whether the damages claimed were foreseeable or whether there was proximate cause; rather, it is a legal doctrine incorporating public policy considerations.

11992–1992
People v. Ward green
ill · 1984
1 sentence

1991The defendant observes that this court has recognized that “[a] trial court may reject offered evidence on grounds of irrelevancy if it has little probative value due to its remoteness.” (People v. Ward (1984), 101 Ill. 2d 443, 455 .) We note, however, that the trial court here did not reject the offered evidence as too remote.

11991–1991

Statutes the citing opinions construe

IL § 735 ILCS 5/2-615 (3) IL § 735 ILCS 5/2-619 (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

PA 17 (1977–2023) IL 12 (1991–2024) TX 6 (1959–2014) CA 5 (1983–2021) CT 5 (2002–2011) MT 3 (1982–2026) IA 3 (1998–2007) NY 3 (2004–2009) NJ 2 (2008–2008) MS 2 (1965–2012) NM 2 (1988–1996)

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.

← Caselaw search · G Cite Topics · Brief Check