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8 Illinois opinions name it 2 courts 1990–2009 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.
| Case | Followed | Cited |
|---|---|---|
Bogseth v. Emanuelgreen2 sentences2009Bogseth v. Emmanuel, 166 Ill. 2d 507, 515 (1995); Deichmueller, 151 Ill. 2d at 417-18 ; Elg, 119 Ill. 2d at 357 . 2009Heastie, 226 Ill. 2d at 536 , quoting Bogseth, 166 Ill. 2d at 515 . | 1 | 3 |
Board of Commissioners v. County of Du Pagegreen2 sentences1990App. 3d 224, 230 , 519 N.E.2d 1203, 1207-08 .) Whether a rule will be applied prospectively will depend on whether the decision establishes a new principle of law, “ ‘either by overruling clear past precedent on which litigants may have relied [citation], or by deciding an issue of first impression whose resolution was not clearly foreshadowed.’ (Board of Commissioners of Wood Dale Public Library District v. County of Du Page (1984), 103 Ill. 2d 422, 426-27 [, 469 N.E.2d 1370, 1372 .]” (Elg v. Whittington (1987), 119 Ill. 2d 344, 357 , 518 N.E.2d 1232, 1238 .) As a general rule, a decision wil 1990App. 3d 224, 230 , 519 N.E.2d 1203, 1207-08 .) Whether a rule will be applied prospectively will depend on whether the decision establishes a new principle of law, “ ‘either by overruling clear past precedent on which litigants may have relied [citation], or by deciding an issue of first impression whose resolution was not clearly foreshadowed.’ (Board of Commissioners of Wood Dale Public Library District v. County of Du Page (1984), 103 Ill. 2d 422, 426-27 [, 469 N.E.2d 1370, 1372 .]” (Elg v. Whittington (1987), 119 Ill. 2d 344, 357 , 518 N.E.2d 1232, 1238 .) As a general rule, a decision wil | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Elg v. Whittington
green
2 sentences1993(Elg v. Whittington (1987), 119 Ill. 2d 344 , 518 N.E.2d 1232 .) If the decision establishes a new principle of law, the court should balance both sides of the issue in question by determining whether prospective application will advance or hinder the purpose of the rule, and the court should also consider whether there is any injustice or hardship in holding the decision retroactive. 1993(Elg v. Whittington (1987), 119 Ill. 2d 344 , 518 N.E.2d 1232 .) If the decision establishes a new principle of law, the court should balance both sides of the issue in question by determining whether prospective application will advance or hinder the purpose of the rule, and the court should also consider whether there is any injustice or hardship in holding the decision retroactive. | 5 | 1990–2009 |
Heastie v. Roberts
green
2 sentences2009Heastie, 226 Ill. 2d at 536 , quoting Bogseth, 166 Ill. 2d at 515 . 2009Heastie, 226 Ill. 2d at 536 , quoting Bogseth, 166 Ill. 2d at 515 . | 3 | 2009–2009 |
Larrance v. Human Rights Commission
green
2 sentences1992The Board also contends that it relied on Laue for the proposition that its contribution action was timely filed and that it will suffer injustice and hardship as a result of the change in this "established precedent." While, as a general rule, a decision will be applied retrospectively, a court has the inherent power to determine whether its decision shall be prospectively or retroactively applied. ( Larrance v. Illinois Human Rights Comm'n (1988), 166 Ill.App.3d 224 , 117 Ill.Dec. 36 , 519 N.E.2d 1203 .) The threshold inquiry in determining prospective application is whether the decision est 1992App. 3d 224 , 519 N.E.2d 1203 .) The threshold inquiry in determining prospective application is whether the decision establishes a new principle of law, either by overruling clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed. | 3 | 1990–1992 |
Deichmueller Construction Co. v. Industrial Commission
green
2 sentences2009Bogseth v. Emmanuel, 166 Ill. 2d 507, 515 (1995); Deichmueller, 151 Ill. 2d at 417-18 ; Elg, 119 Ill. 2d at 357 . 2009Bogseth v. Emanuel, 166 Ill.2d 507, 515 , 211 Ill.Dec. 505 , 655 N.E.2d 888 (1995); Deichmueller, 151 Ill.2d at 417-18 , 177 Ill.Dec. 446 , 603 N.E.2d 516 ; Elg, 119 Ill.2d at 357 , 116 Ill.Dec. 252 , 518 N.E.2d 1232 . | 1 | 2009–2009 |
Castaneda v. Illinois Human Rights Commission
green
2 sentences1993Castaneda v. Illinois Human Rights Comm’n (1989), 132 Ill. 2d 304, 329 , 547 N.E.2d 437, 448 . 1993Castaneda v. Illinois Human Rights Comm’n (1989), 132 Ill. 2d 304, 329 , 547 N.E.2d 437, 448 . | 1 | 1993–1993 |
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.
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.