justiciable claim (Illinois) · Go Syfert
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justiciable claim in Illinois

9 Illinois opinions name it 1 courts 1978–2023 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 (3)

CaseFollowedCited
National Marine, Inc. v. Illinois Environmental Protection Agencygreen
ill · 1994 · cited in 2 Illinois opinions naming this issue, 2010–2010
2 sentences

2010Cf. National Marine, Inc. v. Illinois Environmental Protection Agency, 159 Ill. 2d 381, 383, 388-89 , 639 N.E.2d 571 (1994) (agency notice informing the plaintiff that “it may be potentially liable” is not a final determination of liability and does not give rise to a justiciable claim).

2010Cf. National Marine, Inc. v. Illinois Environmental Protection Agency, 159 Ill. 2d 381, 383, 388-89 , 639 N.E.2d 571 (1994) (agency notice informing the plaintiff that “it may be potentially liable” is not a final determination of liability and does not give rise to a justiciable claim).

22
Lee v. Buth-Na-Bodhaige, Inc.green
illappct · 2019 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021See Lee, 2019 IL App (5th) 180033, ¶ 68 . ¶ 36 III.

11
United States v. Nixongreen
scotus · 1974 · cited in 1 Illinois opinions naming this issue, 2019–2019
1 sentence

2019Id. at 352 (citing United States v. Nixon, 418 U.S. 683, 693 (1974), Interstate Commerce Comm’n, 337 U.S. 426 , and United States v. Federal Maritime Comm’n, 694 F.2d 793 (D.C.

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
Hulcher v. Archer Daniels Midland Co. green
illappct · 1980
2 sentences

1994App. 3d 402, 405 , 565 N.E.2d 1049, 1052 .) In a civil malicious prosecution case, probable cause was similarly defined as "such a state of facts as would lead a [person] of ordinary caution and prudence to believe that he has a justiciable claim to prosecute against the defendant.” Hulcher v. Archer Daniels Midland Co. (1980), 88 Ill.

1980Probable cause has been described as “such a state of facts as would lead a man of ordinary caution and prudence to believe that he has a justiciable claim to prosecute against the defendant.” (Hulcher v. Archer Daniels Midland Co. (1980), 88 Ill.

21980–1994
People v. Kreger neutral
illappct · 2023
1 sentence

2023We also acknowledge that the Second District, similar to the dissent in Galley, concluded that the defendant did not present a justiciable challenge to the MSR condition prohibiting access or use of social 6 networking websites under similar circumstances in People v. Kreger, 2023 IL App (2d) 220034 - U. However, we do not find the reasoning of the Galley dissent or Kreger persuasive. ¶ 20 Therefore, we reject the State’s contention that defendant’s appeal is neither justiciable nor ripe.

12023–2023
United States v. ICC green
scotus · 1949
1 sentence

2019Id. at 352 (citing United States v. Nixon, 418 U.S. 683, 693 (1974), Interstate Commerce Comm’n, 337 U.S. 426 , and United States v. Federal Maritime Comm’n, 694 F.2d 793 (D.C.

12019–2019
United States v. Federal Maritime Commission green
cadc · 1982
1 sentence

2019Id. at 352 (citing United States v. Nixon, 418 U.S. 683, 693 (1974), Interstate Commerce Comm’n, 337 U.S. 426 , and United States v. Federal Maritime Comm’n, 694 F.2d 793 (D.C.

12019–2019
Juliano v. Federal Asset Disposition Ass'n (FADA) green
dcd · 1990
1 sentence

2019Id. at 352 (citing United States v. Nixon, 418 U.S. 683, 693 (1974), Interstate Commerce Comm’n, 337 U.S. 426 , and United States v. Federal Maritime Comm’n, 694 F.2d 793 (D.C.

12019–2019
Burghardt v. Remiyac green
illappct · 1991
1 sentence

1994App. 3d 402, 405 , 565 N.E.2d 1049, 1052 .) In a civil malicious prosecution case, probable cause was similarly defined as "such a state of facts as would lead a [person] of ordinary caution and prudence to believe that he has a justiciable claim to prosecute against the defendant.” Hulcher v. Archer Daniels Midland Co. (1980), 88 Ill.

11994–1994
Carbaugh v. Peat green
illappct · 1963
1 sentence

1980App. 2d 37 , 189 N.E.2d 14 .) Probable cause which would prevent liability for malicious prosecution is such a state of facts as would lead a man of ordinary caution and prudence to believe that he has a justiciable claim to prosecute against the defendant.

11980–1980
McHenry County Conservation District v. Chicago, Milwaukee, St. Paul & Pacific Railroad neutral
illappct · 1976
1 sentence

1978The case most strongly relied upon by plaintiffs is In re Application of County Collector (2d Dist. 1976), 35 Ill.

11978–1978

Where else courts name it

TX 106 (1998–2026) OH 59 (1984–2026) MO 23 (1968–2013) CT 11 (1991–2024) FL 10 (1937–2019) NM 10 (2002–2023) IL 9 (1978–2023) NY 9 (1982–2015) TN 9 (1997–2013) AL 8 (1978–2018) NC 7 (2005–2023) PA 7 (1976–2023) MS 7 (1987–2015) IN 6 (1971–2019) RI 5 (2005–2025) ME 5 (2005–2024) OR 5 (1997–2015) GA 5 (2013–2023) MI 5 (1994–2024) WA 4 (2010–2021) CA 4 (1968–2020) ID 3 (2017–2025) AZ 3 (1994–2024) LA 3 (2006–2008) DC 3 (1989–2005) KY 3 (1968–2025) MA 3 (1981–2003) CO 3 (1981–2013) MD 2 (2012–2020) AK 2 (1990–2021) IA 2 (1979–2012)

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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