applicability of a statutory immunity (Illinois) · Go Syfert
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applicability of a statutory immunity in Illinois

7 Illinois opinions name it 2 courts 2004–2025 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
Williams v. State of Californiagreen
cal · 1983 · cited in 2 Illinois opinions naming this issue, 2016–2016
2 sentences

2016As one court has aptly noted, “[c]onceptually, the question of the applicability of a statutory immunity does not even arise until it is determined that a defendant otherwise owes a duty of care to the plaintiff and thus would be liable in the absence of such immunity.” (Internal quotation marks omitted.) Williams v. State, 664 P.2d 137, 139 (Cal. 1983).

2016As one court has aptly noted, “[c]onceptually, the question of the applicability of a statutory immunity does not even arise until it is determined that a defendant otherwise owes a duty of care to the plaintiff and thus would be liable in the absence of such immunity.” (Internal quotation marks omitted.) Williams v. State, 664 P.2d 137, 139 (Cal. 1983).

22
City of Chicago v. Westphalengreen
illappct · 1968 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025App. 3d 800, 802 (1976) (defendant bank had the burden to plead the applicability of a statutory exception in action to cancel note for lack of consideration); City of Chicago v. Westphalen, 95 Ill.

11
City of Chicago v. Elmhurst National Bankgreen
illappct · 1962 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025App. 2d 331, 338 (1968) (while the City had the burden of proving its complaint, the defendant had the burden of establishing building code exception); City of Chicago v. Elmhurst National Bank, 35 Ill.

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 (3)

CaseCitedYears
Arteman v. CLINTON COM. UNIT SCHOOL DIST. green
ill · 2002
2 sentences

2004They argue, however, that the Calloway decision at most established that the Domestic Violence Act created a statutory duty, but the supreme court did not address the separate issue of the applicability of a statutory immunity (see Arteman v. Clinton Community Unit School District No. 15, 198 Ill. 2d 475, 487 , 763 N.E.2d 756 (2002) (question of existence of a duty and immunity are separate issues)).

2004They argue, however, that the Calloway decision at most established that the Domestic Violence Act created a statutory duty, but the supreme court did not address the separate issue of the applicability of a statutory immunity (see Arteman v. Clinton Community Unit School District No. 15, 198 Ill. 2d 475, 487 , 763 N.E.2d 756 (2002) (question of existence of a duty and immunity are separate issues)).

22004–2004
Zagorski v. Allstate Insurance Company green
illappct · 2016
1 sentence

2021Zagorski, 2016 IL App (5th) 140056, ¶ 21 . ¶ 28 Illinois Supreme Court Rule 201(b)(1) (eff.

12021–2021
Norskog v. Pfiel green
ill · 2001
2 sentences

2016Norskog, 197 Ill. 2d at 70-71 , 755 N.E.2d at 9 . ¶ 22 Illinois Supreme Court Rule 201(b)(1) addresses the scope of pretrial discovery, and provides that unless otherwise stated in these rules, a party may obtain by discovery full disclosure regarding any matter relevant to the subject matter of the pending action, whether it relates to a claim or defense.

2016Norskog, 197 Ill. 2d at 70-71 , 755 N.E.2d at 9 . ¶ 22 Illinois Supreme Court Rule 201(b)(1) addresses the scope of pretrial discovery, and provides that unless otherwise stated in these rules, a party may obtain by discovery full disclosure regarding any matter relevant to the subject matter of the pending action, whether it relates to a claim or defense.

12016–2016

Statutes the citing opinions construe

IL § 745 ILCS 10/1-101 (3) IL § 745 ILCS 10/1-101.1 (3) IL § 745 ILCS 10/1-206 (3)

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.

Where else courts name it

CA 71 (1983–2025) IL 7 (2004–2025) UT 5 (1989–2014) NJ 4 (1989–2001) TX 3 (1983–2022) PA 2 (2003–2015) NH 2 (2001–2012) MI 2 (2009–2014)

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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