sovereign immunity does not depend doctrine (Illinois) · Go Syfert
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sovereign immunity does not depend doctrine in Illinois

8 Illinois opinions name it 2 courts 1983–2013 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.

Followed or applied (4)

CaseFollowedCited
Senn Park Nursing Center v. Millergreen
ill · 1984 · cited in 5 Illinois opinions naming this issue, 1989–2013
2 sentences

2013None of these cases suggested that the exclusionary language in section 19(f)(1) stood as a barrier to the circuit or appellate court's jurisdiction.3 3 This is significant, because a reviewing court has an independent obligation to 5 2013 IL App (1st) 120549WC ¶ 15 Moreover, "the determination of whether a suit is brought against the State and thus barred by the doctrine of sovereign immunity does not depend on the identity of the formal parties, but rather on the issue raised and the relief sought." Senn Park Nursing Center v. Miller, 104 Ill. 2d 169, 186 (1984) (internal quotation marks omi

2011App. 3d 235, 237 , 491 N.E.2d 830, 832 (1986) (affirming the trial court’s order striking a portion of a mandamus petition seeking money damages and finding the court of claims had exclusive jurisdiction over that claim). ¶ 47 However, “the determination of whether a suit is brought against the State and thus barred by the doctrine of sovereign immunity does not depend on the identity of the formal parties, but rather on the issued raised and the relief sought.” Senn Park Nursing Center v. Miller, 104 Ill. 2d 169, 186 , 470 N.E.2d 1029, 1038 (1984) (citing Senn Park Nursing Center v. Miller, 1

35
Senn Park Nursing Center v. Millergreen
illappct · 1983 · cited in 3 Illinois opinions naming this issue, 1984–2011
2 sentences

2011App. 3d 235, 237 , 491 N.E.2d 830, 832 (1986) (affirming the trial court’s order striking a portion of a mandamus petition seeking money damages and finding the court of claims had exclusive jurisdiction over that claim). ¶ 47 However, “the determination of whether a suit is brought against the State and thus barred by the doctrine of sovereign immunity does not depend on the identity of the formal parties, but rather on the issued raised and the relief sought.” Senn Park Nursing Center v. Miller, 104 Ill. 2d 169, 186 , 470 N.E.2d 1029, 1038 (1984) (citing Senn Park Nursing Center v. Miller, 1

2011App.3d 235, 237 , 96 Ill.Dec. 551 , 491 N.E.2d 830, 832 (1986) (affirming the trial court's order striking a portion of a mandamus petition seeking money damages and finding the court of claims had exclusive jurisdiction over that claim). ¶ 47 However, "the determination of whether a suit is brought against the State and thus barred by the doctrine of sovereign immunity does not depend on the identity of the formal parties, but rather on the issued raised and the relief sought." Senn Park Nursing Center v. Miller, 104 Ill.2d 169, 186 , 83 Ill.Dec. 609 , 470 N.E.2d 1029, 1038 (1984) (citing Sen

23
Stone v. Chransgreen
illappct · 1986 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011App. 3d 235, 237 , 491 N.E.2d 830, 832 (1986) (affirming the trial court’s order striking a portion of a mandamus petition seeking money damages and finding the court of claims had exclusive jurisdiction over that claim). ¶ 47 However, “the determination of whether a suit is brought against the State and thus barred by the doctrine of sovereign immunity does not depend on the identity of the formal parties, but rather on the issued raised and the relief sought.” Senn Park Nursing Center v. Miller, 104 Ill. 2d 169, 186 , 470 N.E.2d 1029, 1038 (1984) (citing Senn Park Nursing Center v. Miller, 1

2011App.3d 235, 237 , 96 Ill.Dec. 551 , 491 N.E.2d 830, 832 (1986) (affirming the trial court's order striking a portion of a mandamus petition seeking money damages and finding the court of claims had exclusive jurisdiction over that claim). ¶ 47 However, "the determination of whether a suit is brought against the State and thus barred by the doctrine of sovereign immunity does not depend on the identity of the formal parties, but rather on the issued raised and the relief sought." Senn Park Nursing Center v. Miller, 104 Ill.2d 169, 186 , 83 Ill.Dec. 609 , 470 N.E.2d 1029, 1038 (1984) (citing Sen

22
Balmoral Racing Club, Inc. v. Gonzalesgreen
illappct · 2003 · cited in 1 Illinois opinions naming this issue, 2009–2009
2 sentences

2009Balmoral Racing Club, Inc. v. Gonzalez, 338 Ill.

2009Balmoral Racing Club, Inc. v. Gonzales, 338 Ill.App.3d 478, 485 , 272 Ill.Dec. 965 , 788 N.E.2d 269 (2003).

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 (2)

CaseCitedYears
Betts v. Department of Revenue green
illappct · 1979
2 sentences

1984App. 3d 733, 746 , citing Moline Tool Co. v. Department of Revenue (1951), 410 Ill. 35, 37 ; Betts v. Department of Revenue (1979), 78 Ill.

1983(Moline Tool Co. v. Department of Revenue (1951), 410 Ill. 35, 37 , 101 N.E.2d 71, 72 ; Betts v. Department of Revenue (1979), 78 Ill.

21983–1984
Moline Tool Co. v. Department of Revenue green
ill · 1951
2 sentences

1984App. 3d 733, 746 , citing Moline Tool Co. v. Department of Revenue (1951), 410 Ill. 35, 37 ; Betts v. Department of Revenue (1979), 78 Ill.

1983(Moline Tool Co. v. Department of Revenue (1951), 410 Ill. 35, 37 , 101 N.E.2d 71, 72 ; Betts v. Department of Revenue (1979), 78 Ill.

21983–1984

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