8 Illinois opinions name it 2 courts 1986–2022 3 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 |
|---|---|---|
City Of Chicago v. Retired Chicago Police Associationgreen2 sentences2008The third prong of the Hunt test also was at issue in Retired Chicago Police Ass’n v. City of Chicago, 7 F.3d 584 (7th Cir. 1993) (RCPA). 2008The third prong of the Hunt test also was at issue in Retired Chicago Police Ass’n v. City of Chicago, 7 F.3d 584 (7th Cir. 1993) (RCPA). | 2 | 2 |
Advincula v. United Blood Servicesgreen2 sentences2008“The primary rule of statutory construction is to give effect to the true intent of the legislature.” Advincula v. United Blood Services, 176 Ill. 2d 1, 16 (1996). “ ‘[W]here a statute applies to an area formerly covered by the common law, we interpret the statute as adopting the common law unless the General Assembly clearly and specifically expressed an intention to change the common law.’ ” Nickels v. Burnett, 343 Ill. 2008“The primary rule of statutory construction is to give effect to the true intent of the legislature.” Advincula v. United Blood Services, 176 Ill. 2d 1, 16 (1996). “ ‘[W]here a statute applies to an area formerly covered by the common law, we interpret the statute as adopting the common law unless the General Assembly clearly and specifically expressed an intention to change the common law.’ ” Nickels v. Burnett, 343 Ill. | 2 | 2 |
Nickels v. Burnettgreen2 sentences2008“The primary rule of statutory construction is to give effect to the true intent of the legislature.” Advincula v. United Blood Services, 176 Ill. 2d 1, 16 (1996). “ ‘[W]here a statute applies to an area formerly covered by the common law, we interpret the statute as adopting the common law unless the General Assembly clearly and specifically expressed an intention to change the common law.’ ” Nickels v. Burnett, 343 Ill. 2008“The primary rule of statutory construction is to give effect to the true intent of the legislature.” Advincula v. United Blood Services, 176 Ill. 2d 1, 16 (1996). “ ‘[W]here a statute applies to an area formerly covered by the common law, we interpret the statute as adopting the common law unless the General Assembly clearly and specifically expressed an intention to change the common law.’ ” Nickels v. Burnett, 343 Ill. | 2 | 2 |
Warth v. Seldinred2 sentences2008Ed. 2d 343, 362 , 95 S. Ct. 2197, 2212 (1975), where the Supreme Court stated that, “so long as the nature of the claim and the relief sought does not make the individual participation of each injured party indispensable to proper resolution of the cause, the association may be an appropriate representative of its members, entitled to invoke the court’s jurisdiction.” (Emphasis added.) In Hospital Council of Western Pennsylvania v. City of Pittsburgh, 949 F.2d 83 (3d Cir. 1991), the Third Circuit examined the issue of whether the likely participation in the suit by some individual members of t 2008Ed. 2d 343, 362 , 95 S. Ct. 2197, 2212 (1975), where the Supreme Court stated that, “so long as the nature of the claim and the relief sought does not make the individual participation of each injured party indispensable to proper resolution of the cause, the association may be an appropriate representative of its members, entitled to invoke the court’s jurisdiction.” (Emphasis added.) In Hospital Council of Western Pennsylvania v. City of Pittsburgh, 949 F.2d 83 (3d Cir. 1991), the Third Circuit examined the issue of whether the likely participation in the suit by some individual members of t | 2 | 2 |
Bano v. Union Carbide Corporationgreen2 sentences2008While we agree with the defendants that this factor is not dispositive (see Bano v. Union Carbide Corp., 361 F.3d 696, 714 (2d Cir.2004) (an association does not automatically satisfy the third prong of Hunt simply by requesting equitable relief rather than damages); see also RCPA, 7 F.3d at 603 (third prong of Hunt test was met although the association sought damages on behalf of its members, where the damages could be easily calculated by use of a simple formula and would not require the involvement of individual members in the suit, and the association primarily sought to establish its memb 2008While we agree with the defendants that this factor is not dispositive (see Bano v. Union Carbide Corp., 361 F.3d 696, 714 (2d Cir. 2004) (an association does not automatically satisfy the third prong of Hunt simply by requesting equitable relief rather than damages); see also RCPA, 7 F.3d at 603 (third prong of Hunt test was met although the association sought damages on behalf of its members, where the damages could be easily calculated by use of a simple formula and would not require the involvement of individual members in the suit, and the association primarily sought to establish its mem | 2 | 2 |
United Food & Commercial Workers Union Local 751 v. Brown Group, Inc.green2 sentences2008Ed. 2d at 768 , 116 S. Ct. at 1535 , the Supreme Court described the first prong of the Hunt test as requiring only “that at least one of the organization’s members would have standing to sue on his own.” Our own supreme court cited to Brown Group, Inc. with approval in describing the parameters of the doctrine that it was adopting. 2008Ed. 2d at 768 , 116 S. Ct. at 1535 , the Supreme Court described the first prong of the Hunt test as requiring only “that at least one of the organization’s members would have standing to sue on his own.” Our own supreme court cited to Brown Group, Inc. with approval in describing the parameters of the doctrine that it was adopting. | 1 | 4 |
Humane Society of the United States v. Donald P. Hodel, Secretary of Interiorgreen2 sentences2021Thus, part (a) of the Hunt test is met. ¶ 32 Under part (b) of the test, “germaneness” is defined as “undemanding,” requiring simply a “pertinence between [the] litigation subject and organizational purpose.” Humane Society of the United States v. Hodel, 840 F.2d 45, 58 (D.C. 2021Thus, part (a) of the Hunt test is met. ¶ 32 Under part (b) of the test, “germaneness” is defined as “undemanding,” requiring simply a “pertinence between [the] litigation subject and organizational purpose.” Humane Society of the United States v. Hodel, 840 F.2d 45, 58 (D.C. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
The Hospital Council of Western Pennsylvania v. City of Pittsburgh, County of Allegheny, City of Erie and City of Johnstown
green
2 sentences2008Ed. 2d 343, 362 , 95 S. Ct. 2197, 2212 (1975), where the Supreme Court stated that, “so long as the nature of the claim and the relief sought does not make the individual participation of each injured party indispensable to proper resolution of the cause, the association may be an appropriate representative of its members, entitled to invoke the court’s jurisdiction.” (Emphasis added.) In Hospital Council of Western Pennsylvania v. City of Pittsburgh, 949 F.2d 83 (3d Cir. 1991), the Third Circuit examined the issue of whether the likely participation in the suit by some individual members of t 2008Ed. 2d 343, 362 , 95 S. Ct. 2197, 2212 (1975), where the Supreme Court stated that, “so long as the nature of the claim and the relief sought does not make the individual participation of each injured party indispensable to proper resolution of the cause, the association may be an appropriate representative of its members, entitled to invoke the court’s jurisdiction.” (Emphasis added.) In Hospital Council of Western Pennsylvania v. City of Pittsburgh, 949 F.2d 83 (3d Cir. 1991), the Third Circuit examined the issue of whether the likely participation in the suit by some individual members of t | 2 | 2008–2008 |
La Salle National Bank v. County of Cook
green
2 sentences2008In La Salle, 12 Ill. 2d at 46-47 , the supreme court identified several factors for courts to use in determining the validity of a zoning ordinance. 2008In La Salle, 12 Ill. 2d at 46-47 , the supreme court identified several factors for courts to use in determining the validity of a zoning ordinance. | 2 | 2008–2008 |
International Union v. DEPT. OF EMP. SEC.
green
2 sentences2008International Union, 215 Ill. 2d at 51 . 2008International Union, 215 Ill. 2d at 51 . | 2 | 2008–2008 |
Brotherhood of Teamsters & Auto Truck Drivers, Local No. 70 v. Unemployment Insurance Appeals Board
green
2 sentences2005Although the Board may have to determine each claimant’s benefits, the unions may litigate this case without the participation of its members and still insure that the remedy, if granted, will inure to the benefit of those union members who have been injured.” Brotherhood of Teamsters, 190 Cal. App. 3d at 1523 , 236 Cal. Rptr. at 83 . 2005Although the Board may have to determine each claimant’s benefits, the unions may litigate this case without the participation of its members and still insure that the remedy, if granted, will inure to the benefit of those union members who have been injured.” Brotherhood of Teamsters, 190 Cal. App. 3d at 1523 , 236 Cal. Rptr. at 83 . | 2 | 2005–2005 |
Scruggs v. GARST SEED COMPANY
green
1 sentence2022“If the employer honestly believed the reason it proffers for its employment decision [(hiring the most qualified candidate)], the reason is not pretextual.” Scruggs, 587 F.3d at 839 . ¶ 226 Under any of these standards, Hunt’s claim clearly fails, but we need not adopt these standards to resolve this case. | 1 | 2022–2022 |
Stone v. Department of Human Rights
green
1 sentence2022Even under the standard set by this court in Stone, if the - 55 - candidates are equally qualified, the employer is not required to hire the protected class member; “ ‘[r]ather, the employer has discretion to choose among equally qualified candidates, provided the decision is not based upon unlawful criteria.’ ” Stone, 299 Ill. | 1 | 2022–2022 |
Deerpath Consolidated Neighborhood Ass'n v. Lake County Board of Review
neutral
2 sentences2021The court observed that “[a]ll the evidence needed to establish a right to the refund -8- 2021 IL App (2d) 190985 [of the alleged excess accumulation]—the levies, taxes assessed, and amount paid per condominium unit—is a matter of public record and easily proven with official documents.” Id. ¶ 33. ¶ 20 With these principles in mind, we consider whether the Association satisfied the Hunt test here. 2021The court observed that “[a]ll the evidence needed to establish a right to the refund -8- 2021 IL App (2d) 190985 [of the alleged excess accumulation]—the levies, taxes assessed, and amount paid per condominium unit—is a matter of public record and easily proven with official documents.” Id. ¶ 33. ¶ 20 With these principles in mind, we consider whether the Association satisfied the Hunt test here. | 1 | 2021–2021 |
Morris v. Ameritech Illinois
green
2 sentences2008"The primary rule of statutory construction is to give effect to the true intent of the legislature." Advincula v. United Blood Services, 176 Ill.2d 1, 16 , 223 Ill.Dec. 1 , 678 N.E.2d 1009 (1996). "`[W]here a statute applies to an area formerly covered by the common law, we interpret the statute as adopting the common *459 law unless the General Assembly clearly and specifically expressed an intention to change the common law.'" Nickels v. Burnett, 343 Ill.App.3d 654, 659 , 278 Ill.Dec. 433 , 798 N.E.2d 817 (2003), quoting Morris v. Ameritech Illinois, 337 Ill. 2008"The primary rule of statutory construction is to give effect to the true intent of the legislature." Advincula v. United Blood Services, 176 Ill.2d 1, 16 , 223 Ill.Dec. 1 , 678 N.E.2d 1009 (1996). "`[W]here a statute applies to an area formerly covered by the common law, we interpret the statute as adopting the common *459 law unless the General Assembly clearly and specifically expressed an intention to change the common law.'" Nickels v. Burnett, 343 Ill.App.3d 654, 659 , 278 Ill.Dec. 433 , 798 N.E.2d 817 (2003), quoting Morris v. Ameritech Illinois, 337 Ill. | 1 | 2008–2008 |
Hydroaire, Inc. v. Sager
green
1 sentence1986App. 3d 758, 761 , 424 N.E.2d 719, 722 .) At the January 14, 1986, hearing on Douglas’ and Hunt’s motion for a stay, the following exchange occurred during the testimony of Rudy Bauer, Hunt’s vice-president of sales: “Q. | 1 | 1986–1986 |
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.