federal common law rule in Illinois

11 Illinois opinions name it 2 courts 1985–2019 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.

Followed or applied (11)

Case	Followed	Cited
People v. Hughesgreen ill · 2015 · cited in 3 Illinois opinions naming this issue, 2019–2019 2 sentences 2019See People v. Hughes , 2015 IL 117242 , ¶ 38, 410 Ill.Dec. 246 , 69 N.E.3d 791 (noting that new factual theories on appeal "deprive the formerly prevailing party of the opportunity to present evidence on that point"). 2019See People v. Hughes , 2015 IL 117242 , ¶ 38, 410 Ill.Dec. 246 , 69 N.E.3d 791 (noting that new factual theories on appeal "deprive the formerly prevailing party of the opportunity to present evidence on that point").	3	3
First Judicial District Department of Correctional Services v. Iowa Civil Rights Commissiongreen iowa · 1982 · cited in 3 Illinois opinions naming this issue, 2019–2019 2 sentences 2019See First Judicial District Department of Correctional Services v. Iowa Civil Rights Comm’n, 315 N.W.2d 83, 89 (Iowa 1982); Stevens v. McLouth Steel Products Corp., 446 N.W.2d 95 , 98- 25 No. 1-17-0806 99 (Mich. 1989); MTA Trading, Inc. v. Kirkland, 922 N.Y.S.2d 488, 490-91 (App. Div. 2011). 2019See First Judicial District Department of Correctional Services v. Iowa Civil Rights Comm'n , 315 N.W.2d 83 , 89 (Iowa 1982) ; Stevens v. McLouth Steel Products Corp. , 433 Mich. 365 , 446 N.W.2d 95 , 98-99 (1989) ; MTA Trading, Inc. v. Kirkland , 84 A.D.3d 811 , 922 N.Y.S.2d 488 , 490-91 (2011).	3	3
MTA Trading, Inc. v. Kirklandgreen nyappdiv · 2011 · cited in 3 Illinois opinions naming this issue, 2019–2019 2 sentences 2019See First Judicial District Department of Correctional Services v. Iowa Civil Rights Comm'n , 315 N.W.2d 83 , 89 (Iowa 1982) ; Stevens v. McLouth Steel Products Corp. , 433 Mich. 365 , 446 N.W.2d 95 , 98-99 (1989) ; MTA Trading, Inc. v. Kirkland , 84 A.D.3d 811 , 922 N.Y.S.2d 488 , 490-91 (2011). 2019See First Judicial District Department of Correctional Services v. Iowa Civil Rights Comm'n , 315 N.W.2d 83 , 89 (Iowa 1982) ; Stevens v. McLouth Steel Products Corp. , 433 Mich. 365 , 446 N.W.2d 95 , 98-99 (1989) ; MTA Trading, Inc. v. Kirkland , 84 A.D.3d 811 , 922 N.Y.S.2d 488 , 490-91 (2011).	2	3
Norfolk Southern Railway Co. v. Sorrellgreen scotus · 2007 · cited in 2 Illinois opinions naming this issue, 2017–2017 2 sentences 2017See id. at 338 ; Liepelt, 444 U.S. at 495 ; Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 602-03 (2001); Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 257 (1975); see also Sorrell, 549 U.S. at 168 (common law principles are entitled to great weight unless they are expressly rejected in the text of the statute). 2017See id. at 338 ; Liepelt, 444 U.S. at 495 ; Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 602-03 (2001); Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 257 (1975); see also Sorrell, 549 U.S. at 168 (common law principles are entitled to great weight unless they are expressly rejected in the text of the statute).	2	2
Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human Resourcesgreen scotus · 2001 · cited in 2 Illinois opinions naming this issue, 2017–2017 2 sentences 2017See id. at 338 ; Liepelt, 444 U.S. at 495 ; Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 602-03 (2001); Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 257 (1975); see also Sorrell, 549 U.S. at 168 (common law principles are entitled to great weight unless they are expressly rejected in the text of the statute). 2017See id. at 338 ; Liepelt, 444 U.S. at 495 ; Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 602-03 (2001); Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 257 (1975); see also Sorrell, 549 U.S. at 168 (common law principles are entitled to great weight unless they are expressly rejected in the text of the statute).	2	2
Alyeska Pipeline Service Co. v. Wilderness Societyred scotus · 1975 · cited in 2 Illinois opinions naming this issue, 2017–2017 2 sentences 2017See id. at 338 ; Liepelt, 444 U.S. at 495 ; Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 602-03 (2001); Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 257 (1975); see also Sorrell, 549 U.S. at 168 (common law principles are entitled to great weight unless they are expressly rejected in the text of the statute). 2017See id. at 338 ; Liepelt, 444 U.S. at 495 ; Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 602-03 (2001); Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 257 (1975); see also Sorrell, 549 U.S. at 168 (common law principles are entitled to great weight unless they are expressly rejected in the text of the statute).	2	2
Monessen Southwestern Railway Co. v. Morgangreen scotus · 1988 · cited in 2 Illinois opinions naming this issue, 2017–2017 2 sentences 2017See id. at 338 ; Liepelt, 444 U.S. at 495 ; Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 602-03 (2001); Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 257 (1975); see also Sorrell, 549 U.S. at 168 (common law principles are entitled to great weight unless they are expressly rejected in the text of the statute). 2017See id. at 338 ; Liepelt, 444 U.S. at 495 ; Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 602-03 (2001); Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 257 (1975); see also Sorrell, 549 U.S. at 168 (common law principles are entitled to great weight unless they are expressly rejected in the text of the statute).	2	2
Clean Air Markets Group v. Patakigreen ca2 · 2003 · cited in 2 Illinois opinions naming this issue, 2006–2006 2 sentences 2006See Clean Air Markets Group v. Pataki, 338 F.3d 82, 89 (2d Cir. 2003) (holding that the Clean Air Act preempts New York Air Pollution Mitigation Law and reasoning that the Clean Air Act's savings clause does not permit one state to control emissions in another state); United States v. Kin-Buc, Inc., 532 F. Supp. 699 (D.N.J. 1982) (holding that the Clean Air Act preempts a federal common law claim of nuisance and reasoning in part that the similarities between the Clean Water Act and the Clean Air Act allow the interpretations of one act to be applied to comparable provisions of the other). 2006See Clean Air Markets Group v. Pataki, 338 F.3d 82, 89 (2d Cir. 2003) (holding that the Clean Air Act preempts New York Air Pollution Mitigation Law and reasoning that the Clean Air Act’s savings clause does not permit one state to control emissions in another state); United States v. Kin-Buc, Inc., 532 F. Supp. 699 (D.N.J. 1982) (holding that the Clean Air Act preempts a federal common law claim of nuisance and reasoning in part that the similarities between the Clean Water Act and the Clean Air Act allow the interpretations of one act to be applied to comparable provisions of the other).	2	2
Stevens v. McLouth Steel Products Corp.green mich · 1989 · cited in 3 Illinois opinions naming this issue, 2019–2019 2 sentences 2019See First Judicial District Department of Correctional Services v. Iowa Civil Rights Comm'n , 315 N.W.2d 83 , 89 (Iowa 1982) ; Stevens v. McLouth Steel Products Corp. , 433 Mich. 365 , 446 N.W.2d 95 , 98-99 (1989) ; MTA Trading, Inc. v. Kirkland , 84 A.D.3d 811 , 922 N.Y.S.2d 488 , 490-91 (2011). 2019See First Judicial District Department of Correctional Services v. Iowa Civil Rights Comm'n , 315 N.W.2d 83 , 89 (Iowa 1982) ; Stevens v. McLouth Steel Products Corp. , 433 Mich. 365 , 446 N.W.2d 95 , 98-99 (1989) ; MTA Trading, Inc. v. Kirkland , 84 A.D.3d 811 , 922 N.Y.S.2d 488 , 490-91 (2011).	1	3
Blumenthal v. Brewergreen ill · 2016 · cited in 1 Illinois opinions naming this issue, 2019–2019 1 sentence 2019Blumenthal v. Brewer, 2016 IL 118781, ¶ 28 (“ ‘ “Where the Supreme Court has declared the law on any point, it alone can overrule and modify its previous opinion, and the lower judicial tribunals are bound by such decision and it is the duty of such lower tribunals to follow such decision in similar cases.” ’ ” (Emphasis in original.)), ¶ 61 (“Under the doctrine of stare decisis, when this court ‘has declared the law on any point, it alone can overrule and modify its previous opinion.’ ” (Emphasis in original.)); Rickey v. Chicago Transit Authority, 98 Ill. 2d 546, 551 (1983) (“ ‘It is fundame	1	1
Rickey v. Chicago Transit Authoritygreen ill · 1983 · cited in 1 Illinois opinions naming this issue, 2019–2019 1 sentence 2019Blumenthal v. Brewer, 2016 IL 118781, ¶ 28 (“ ‘ “Where the Supreme Court has declared the law on any point, it alone can overrule and modify its previous opinion, and the lower judicial tribunals are bound by such decision and it is the duty of such lower tribunals to follow such decision in similar cases.” ’ ” (Emphasis in original.)), ¶ 61 (“Under the doctrine of stare decisis, when this court ‘has declared the law on any point, it alone can overrule and modify its previous opinion.’ ” (Emphasis in original.)); Rickey v. Chicago Transit Authority, 98 Ill. 2d 546, 551 (1983) (“ ‘It is fundame	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (8)

Case	Cited	Years
Jackson v. Board of Election Commissioners of the City of Chicago green ill · 2012 2 sentences 2019Far from "maintaining a sound and uniform body of precedent" ( Jackson , 2012 IL 111928 , ¶ 33, 363 Ill.Dec. 557 , 975 N.E.2d 583 ), the majority's adoption of the federal common law standard throws well-settled law into flux and reignites arguments that have been consistently rejected by our court. ¶ 83 The uncertainty flowing from the majority's decision is easily illustrated. 2019Far from "maintaining a sound and uniform body of precedent" ( Jackson , 2012 IL 111928 , ¶ 33, 363 Ill.Dec. 557 , 975 N.E.2d 583 ), the majority's adoption of the federal common law standard throws well-settled law into flux and reignites arguments that have been consistently rejected by our court. ¶ 83 The uncertainty flowing from the majority's decision is easily illustrated.	3	2019–2019
Kennedy v. Plan Administrator for DuPont Savings & Investment Plan green scotus · 2009 2 sentences 2019Kennedy held that, to comply with ERISA, a plan administrator must abide by the plan documents and distribute pension benefits to the former spouse who is named as the decedent’s beneficiary, even when the former spouse “purported to waive her entitlement by a federal common law waiver embodied in a divorce decree that was not a QDRO.” Kennedy, 555 U.S. at 288 . 2018Kennedy held that, to comply with ERISA, a plan administrator must abide by the plan documents and distribute pension benefits to the former spouse who is named as the decedent's beneficiary, even when the former spouse "purported to waive her entitlement by a federal common law waiver embodied in a divorce decree that was not a QDRO." Kennedy , 555 U.S. at 288 , 129 S.Ct. 865 .	2	2018–2019
Norfolk & Western Railway Co. v. Liepelt green scotus · 1980 2 sentences 2017See id. at 338 ; Liepelt, 444 U.S. at 495 ; Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 602-03 (2001); Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 257 (1975); see also Sorrell, 549 U.S. at 168 (common law principles are entitled to great weight unless they are expressly rejected in the text of the statute). 2017See id. at 338 ; Liepelt, 444 U.S. at 495 ; Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 602-03 (2001); Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 257 (1975); see also Sorrell, 549 U.S. at 168 (common law principles are entitled to great weight unless they are expressly rejected in the text of the statute).	2	2017–2017
United States v. Kin-Buc, Inc. green njd · 1982 2 sentences 2006See Clean Air Markets Group v. Pataki, 338 F.3d 82, 89 (2d Cir. 2003) (holding that the Clean Air Act preempts New York Air Pollution Mitigation Law and reasoning that the Clean Air Act's savings clause does not permit one state to control emissions in another state); United States v. Kin-Buc, Inc., 532 F. Supp. 699 (D.N.J. 1982) (holding that the Clean Air Act preempts a federal common law claim of nuisance and reasoning in part that the similarities between the Clean Water Act and the Clean Air Act allow the interpretations of one act to be applied to comparable provisions of the other). 2006See Clean Air Markets Group v. Pataki, 338 F.3d 82, 89 (2d Cir. 2003) (holding that the Clean Air Act preempts New York Air Pollution Mitigation Law and reasoning that the Clean Air Act’s savings clause does not permit one state to control emissions in another state); United States v. Kin-Buc, Inc., 532 F. Supp. 699 (D.N.J. 1982) (holding that the Clean Air Act preempts a federal common law claim of nuisance and reasoning in part that the similarities between the Clean Water Act and the Clean Air Act allow the interpretations of one act to be applied to comparable provisions of the other).	2	2006–2006
Vernon v. Schuster green ill · 1997 1 sentence 2019Vernon emphasized that, under Illinois law (as well as that of a majority of jurisdictions), the issue in a case involving the mere continuation exception is whether there is a continuation “of the corporate entity of the seller—not whether there is a continuation of the seller’s business operation.” (Emphases in original.) Vernon, 179 Ill. 2d at 346 .	1	2019–2019
United States v. City of New Britain green scotus · 1954 2 sentences 1985Ed. 2d 236 , 103 S. Ct. 2132 .) Notwithstanding the exceptions set forth in section 6323 regarding the priority of certain interests vis-a-vis a Federal tax lien, where the statute does not specify otherwise, the priority of such a lien is governed by the Federal common law rule that “the first in time is the first in right.” (United States v. City of New Britain (1954), 347 U.S. 81, 85 , 98 L. 1985Ed. 2d 236 , 103 S. Ct. 2132 .) Notwithstanding the exceptions set forth in section 6323 regarding the priority of certain interests vis-a-vis a Federal tax lien, where the statute does not specify otherwise, the priority of such a lien is governed by the Federal common law rule that “the first in time is the first in right.” (United States v. City of New Britain (1954), 347 U.S. 81, 85 , 98 L.	1	1985–1985
United States v. Rodgers green scotus · 1983 1 sentence 1985Ed. 2d 236 , 103 S. Ct. 2132 .) Notwithstanding the exceptions set forth in section 6323 regarding the priority of certain interests vis-a-vis a Federal tax lien, where the statute does not specify otherwise, the priority of such a lien is governed by the Federal common law rule that “the first in time is the first in right.” (United States v. City of New Britain (1954), 347 U.S. 81, 85 , 98 L.	1	1985–1985
Gulf Offshore Co. v. Mobil Oil Corp. green scotus · 1981 2 sentences 1985Ed. 2d 784, 796-97 , 101 S. Ct. 2870, 2879-80 , the Supreme Court noted that it had not limited the holding in Liepelt to FELA cases, but had articulated in that case a Federal common law rule applicable to all Federal claims. 1985Further, in Gulf Offshore Co. v. Mobil Oil Corp. (1981), 453 U.S. 473, 486-87 , 69 L.Ed.2d 784, 796-97 , 101 S.Ct. 2870, 2879-80 , the Supreme Court noted that it had not limited the holding in Liepelt to FELA cases, but had articulated in that case a Federal common law rule applicable to all Federal claims.	1	1985–1985

Statutes the citing opinions construe

IL § 735 ILCS 5/2-1005 (3) IL § 740 ILCS 160/5 (3) IL § 740 ILCS 160/6 (3) IL § 775 ILCS 5/1-101 (3) USC § 29u.s.c.151 (3) USC § 42u.s.c.2000e (3) USC § 45u.s.c.51 (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

TX 24 (1980–2022) CA 14 (1973–2025) IL 11 (1985–2019) IA 5 (1982–2025) PA 5 (1979–2016) MA 5 (1980–2001) CO 4 (1985–2026) NJ 4 (1993–2004) AZ 4 (1982–2022) MT 4 (2005–2012) OK 3 (1985–1998) ME 3 (1998–2009) FL 3 (1983–1992) NM 3 (2004–2025) RI 3 (1997–2006) MD 3 (2010–2017) KS 3 (1980–2021) ND 3 (1988–1998) AL 2 (1996–1996) MO 2 (1993–2011) WA 2 (2005–2005) NV 2 (2017–2017) MI 2 (1989–2015) TN 2 (2017–2020) UT 2 (2001–2017)

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