nondisclosure violation (Illinois) · Go Syfert
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nondisclosure violation in Illinois

10 Illinois opinions name it 2 courts 1992–2021 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 (5)

CaseFollowedCited
Jaeger v. Clear Wing Productions, Inc.green
ilsd · 2006 · cited in 3 Illinois opinions naming this issue, 2013–2015
2 sentences

2015See Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217, 236 (2010) (“judicial dictum is entitled to much weight, and should be followed unless found to be erroneous” (internal quotation marks omitted)). - 13 - to apply the doctrine of judicial estoppel in the bankruptcy context where the nondisclosure of a claim was inadvertent.’ ” (quoting Jaeger v. Clear Wing Productions, Inc., 465 F. Supp. 2d 879, 882 (S.D.

2015New Hampshire, 532 U.S. at 753 (acknowledging that it may be appropriate to resist application of judicial estoppel when a party’s prior position was based on inadvertence or mistake); accord Holland, 2013 IL App (5th) 110560, ¶ 120 (“ ‘The Courts have been reluctant to apply the doctrine of judicial estoppel in the bankruptcy context where the nondisclosure of a claim was inadvertent.’ ” (quoting Jaeger v. Clear Wing Productions, Inc., 465 F. Supp. 2d 879, 882 (S.D.

33
Sabrina Roppo v. Travelers Commercial Insurancegreen
ca7 · 2017 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021In Roppo v. Travelers Commercial Insurance Co., 869 F.3d 568, 595 (7th Cir. 2017), the Seventh Circuit affirmed the federal district court’s dismissal of the same nondisclosure claim at issue here as baseless because umbrella policies are not automobile policies and section 143.24b could not reasonably be construed to encompass umbrella policies based on the plain language of the statute, which defined a “policy of automobile insurance” as distinct from other types of liability insurance. ¶ 29 Kim also argues that State Farm engaged in “judge shopping” to seek reconsideration of a prior circui

11
New Hampshire v. Mainegreen
scotus · 2001 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015New Hampshire, 532 U.S. at 753 (acknowledging that it may be appropriate to resist application of judicial estoppel when a party’s prior position was based on inadvertence or mistake); accord Holland, 2013 IL App (5th) 110560, ¶ 120 (“ ‘The Courts have been reluctant to apply the doctrine of judicial estoppel in the bankruptcy context where the nondisclosure of a claim was inadvertent.’ ” (quoting Jaeger v. Clear Wing Productions, Inc., 465 F. Supp. 2d 879, 882 (S.D.

11
Lebron v. Gottlieb Memorial Hospitalgreen
ill · 2010 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015See Lebron v. Gottlieb Memorial Hospital, 237 Ill. 2d 217, 236 (2010) (“judicial dictum is entitled to much weight, and should be followed unless found to be erroneous” (internal quotation marks omitted)). - 13 - to apply the doctrine of judicial estoppel in the bankruptcy context where the nondisclosure of a claim was inadvertent.’ ” (quoting Jaeger v. Clear Wing Productions, Inc., 465 F. Supp. 2d 879, 882 (S.D.

11
Holland v. Schwan's Home Service, Inc.green
illappct · 2013 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015New Hampshire, 532 U.S. at 753 (acknowledging that it may be appropriate to resist application of judicial estoppel when a party’s prior position was based on inadvertence or mistake); accord Holland, 2013 IL App (5th) 110560, ¶ 120 (“ ‘The Courts have been reluctant to apply the doctrine of judicial estoppel in the bankruptcy context where the nondisclosure of a claim was inadvertent.’ ” (quoting Jaeger v. Clear Wing Productions, Inc., 465 F. Supp. 2d 879, 882 (S.D.

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 (7)

CaseCitedYears
Novak v. Rathnam green
ill · 1985
2 sentences

2006Novak, 106 Ill. 2d at 484 .

2006Novak, 106 Ill. 2d at 484 .

22006–2006
Brady v. Maryland green
scotus · 1963
2 sentences

1995Ed. 2d 215 , 83 S. Ct. 1194 ; Hobley, 159 Ill. 2d at 307 .) Because pretrial discovery is not constitutionally mandated, however, that the defendant is handicapped in his trial preparation does not elevate a nondisclosure to a violation of constitutional magnitude.

1995(See Brady, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 ; Hobley, 159 Ill.2d at 307 , 202 Ill.Dec. 256 , 637 N.E.2d 992 .) Because pretrial discovery is not constitutionally mandated, however, that the defendant is handicapped in his trial preparation does not elevate a nondisclosure to a violation of constitutional magnitude.

11995–1995
People v. R.D. green
ill · 1993
1 sentence

1995(R.D., 155 Ill. 2d at 140 .) The nondisclosure was a violation whether or not the State’s conduct was inadvertent or purposeful.

11995–1995
People v. Weaver green
ill · 1982
2 sentences

1995People v. Weaver (1983), 92 Ill. 2d 545, 558 , 442 N.E.2d 255 .

1995People v. Weaver (1983), 92 Ill. 2d 545, 558 , 442 N.E.2d 255 .

11995–1995
People v. Hobley green
ill · 1994
2 sentences

1995Ed. 2d 215 , 83 S. Ct. 1194 ; Hobley, 159 Ill. 2d at 307 .) Because pretrial discovery is not constitutionally mandated, however, that the defendant is handicapped in his trial preparation does not elevate a nondisclosure to a violation of constitutional magnitude.

1995(See Brady, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 ; Hobley, 159 Ill.2d at 307 , 202 Ill.Dec. 256 , 637 N.E.2d 992 .) Because pretrial discovery is not constitutionally mandated, however, that the defendant is handicapped in his trial preparation does not elevate a nondisclosure to a violation of constitutional magnitude.

11995–1995
Fidelity Financial Services, Inc. v. Hicks green
illappct · 1991
1 sentence

1994This court has entertained a prior appeal in the underlying litigation (see Fidelity Financial Services, Inc. v. Hicks (1991), 214 Ill.

11994–1994
Roberts v. National Liberty Group of Companies green
illappct · 1987
1 sentence

1992(Roberts, 159 Ill.

11992–1992

Statutes the citing opinions construe

USC § 11u.s.c.1301 (3) USC § 11u.s.c.521 (3) USC § 11u.s.c.541 (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

CA 44 (1984–2026) MD 10 (1969–2003) IL 10 (1992–2021) GA 9 (1970–2014) MO 7 (2009–2023) FL 4 (1990–2023) PA 4 (1967–2012) RI 3 (1993–1998) TX 3 (1993–2020) IA 3 (1976–1979) SD 2 (1981–1984) NY 2 (1996–1998)

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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