job requirement (Illinois) · Go Syfert
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job requirement in Illinois

8 Illinois opinions name it 1 courts 1990–2025 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 (6)

CaseFollowedCited
LaFever v. Kemlite Co.green
ill · 1998 · cited in 2 Illinois opinions naming this issue, 2010–2019
2 sentences

2019See, e.g., Simmons v. American Drug Stores, Inc., 329 Ill. App. 3d 38, 40-41 (2002) (plaintiff had to encounter the danger to leave the store area 2 See also LaFever, 185 Ill. 2d at 394 ; Morrissey, 404 Ill. App. 3d at 725-26 (the deliberate encounter exception “has most often been applied in cases involving economic compulsion, as where workers are compelled to encounter dangerous conditions as part of their employment obligations”); Lucasey v. Plattner, 2015 IL App (4th) 140512, ¶ 42 (“The cases in which courts have applied the deliberate-encounter exception almost always involve a plaintiff

2010See LaFever, 185 Ill. 2d at 394 , 706 N.E.2d at 449 ; Buerkett, 384 Ill.

22
Kleiber v. Freeport Farm and Fleet, Inc.green
illappct · 2010 · cited in 2 Illinois opinions naming this issue, 2010–2019
2 sentences

2019The “deliberate encounter” exception usually applies “where the plaintiff has an economic reason for choosing to encounter the danger, such as a job requirement.” Kleiber v. Freeport Farm & Fleet, Inc., 406 Ill. App. 3d 249, 259-60 (2010). 2 At a minimum, to avail himself of the “deliberate encounter” exception, the plaintiff must demonstrate some compelling reason that forced him to confront the danger and the lack of a viable alternative.

2010I also disagree with the majority's determination that the deliberate encounter exception is not applicable in the instant matter because the plaintiff did not have an economic reason for choosing to encounter the danger, such as a job requirement. 347 Ill.Dec. at 446-47 , 942 N.E.2d at 649-50 .

12
Buerkett v. Illinois Power Companygreen
illappct · 2008 · cited in 2 Illinois opinions naming this issue, 2010–2019
2 sentences

2019See, e.g., Simmons v. American Drug Stores, Inc., 329 Ill. App. 3d 38, 40-41 (2002) (plaintiff had to encounter the danger to leave the store area 2 See also LaFever, 185 Ill. 2d at 394 ; Morrissey, 404 Ill. App. 3d at 725-26 (the deliberate encounter exception “has most often been applied in cases involving economic compulsion, as where workers are compelled to encounter dangerous conditions as part of their employment obligations”); Lucasey v. Plattner, 2015 IL App (4th) 140512, ¶ 42 (“The cases in which courts have applied the deliberate-encounter exception almost always involve a plaintiff

2010See LaFever, 185 Ill. 2d at 394 , 706 N.E.2d at 449 ; Buerkett, 384 Ill.

12
Simmons v. American Drug Stores, Inc.green
illappct · 2002 · cited in 1 Illinois opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Simmons v. American Drug Stores, Inc., 329 Ill. App. 3d 38, 40-41 (2002) (plaintiff had to encounter the danger to leave the store area 2 See also LaFever, 185 Ill. 2d at 394 ; Morrissey, 404 Ill. App. 3d at 725-26 (the deliberate encounter exception “has most often been applied in cases involving economic compulsion, as where workers are compelled to encounter dangerous conditions as part of their employment obligations”); Lucasey v. Plattner, 2015 IL App (4th) 140512, ¶ 42 (“The cases in which courts have applied the deliberate-encounter exception almost always involve a plaintiff

11
Morrissey v. Arlington Park Racecourse, LLCgreen
illappct · 2010 · cited in 1 Illinois opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Simmons v. American Drug Stores, Inc., 329 Ill. App. 3d 38, 40-41 (2002) (plaintiff had to encounter the danger to leave the store area 2 See also LaFever, 185 Ill. 2d at 394 ; Morrissey, 404 Ill. App. 3d at 725-26 (the deliberate encounter exception “has most often been applied in cases involving economic compulsion, as where workers are compelled to encounter dangerous conditions as part of their employment obligations”); Lucasey v. Plattner, 2015 IL App (4th) 140512, ¶ 42 (“The cases in which courts have applied the deliberate-encounter exception almost always involve a plaintiff

11
Lucasey v. Plattnergreen
illappct · 2015 · cited in 1 Illinois opinions naming this issue, 2019–2019
1 sentence

2019See, e.g., Simmons v. American Drug Stores, Inc., 329 Ill. App. 3d 38, 40-41 (2002) (plaintiff had to encounter the danger to leave the store area 2 See also LaFever, 185 Ill. 2d at 394 ; Morrissey, 404 Ill. App. 3d at 725-26 (the deliberate encounter exception “has most often been applied in cases involving economic compulsion, as where workers are compelled to encounter dangerous conditions as part of their employment obligations”); Lucasey v. Plattner, 2015 IL App (4th) 140512, ¶ 42 (“The cases in which courts have applied the deliberate-encounter exception almost always involve a plaintiff

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 (4)

CaseCitedYears
People v. Stokes green
illappct · 1997
2 sentences

2025That case involved a jury trial, and the court’s comments included a statement that “maybe he [the trial judge] could do a better job than defense counsel.” Id. at 648 .

2017App. 3d at 648 , 228 Ill.Dec. 566 , 689 N.E.2d 625 , distinguishable where in that case, the trial judge interrupted defense counsel's cross-examination of a witness and stated that the cross-examination was driving him " 'crazy.' " The judge also suggested that maybe he could do a better job than defense counsel and told the jury that they could ignore defense counsel's cross-examination of another witness: " 'I don't know where we are going.

32017–2025
Slager v. Commonwealth Edison Co., Inc. green
illappct · 1992
2 sentences

2005Nor do we find Slager v. Commonwealth Edison Co., 230 Ill.

2005Nor do we find Slager v. Commonwealth Edison Co. , 230 Ill.

22005–2005
D. Houston, Inc. v. Love green
tex · 2002
2 sentences

2005Houston, Inc. v. Love, 92 S.W.3d 450 (Tex. 2002) (nightclub held liable to independent contractor who worked at the nightclub as a dancer and who became intoxicated as a result of a job requirement that she consume alcohol; dancer was injured in car accident proximately caused by intoxication).

2005Houston, Inc. v. Love , 92 S.W.3d 450 (Tex. 2002) (nightclub held liable to independent contractor who worked at the nightclub as a dancer and who became intoxicated as a result of a job requirement that she consume alcohol; dancer was injured in car accident proximately caused by intoxication).

22005–2005
Ludwig v. Evergreen Overlook, Inc. green
scotus · 1989
1 sentence

1990Ed. 2d 585 , 109 S. Ct. 1316 .) The trial court concluded Constant was aware of the job requirement of work in the mine as early as 1982 and he worked underground during that year.

11990–1990

Where else courts name it

CA 15 (1974–2025) NJ 9 (1981–2021) IL 8 (1990–2025) NY 7 (1990–2023) PA 6 (2000–2024) IA 6 (1983–2026) UT 6 (2013–2026) MA 5 (1988–2025) AL 4 (1989–2002) LA 4 (1968–1994) IN 3 (1983–2013) ME 3 (1979–2010) NE 2 (1989–2018) MO 2 (1983–2008) NM 2 (1950–2001) MD 2 (2009–2015) OK 2 (1953–2007) MI 2 (1976–2000) MN 2 (1992–1993) WV 2 (1989–2019) FL 2 (1982–1990)

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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