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7 Illinois opinions name it 2 courts 1982–2022 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.
| Case | Followed | Cited |
|---|---|---|
Geier v. American Honda Motor Co.green2 sentences2012The federal law at issue in Geier contained a clause expressly preempting state regulations, along with a saving clause, which provided that “ ‘[c]ompliance with’ a federal safety standard ‘does not exempt any person from any liability under common law.’ ” Id. at 868 (citing 15 U.S.C. § 1397 (k)). 2012In Geier, the Supreme Court held that a federal safety standard, which gave car manufacturers a “range of choices” in installing passive restraint systems, impliedly preempted a tort suit that created a duty for defendant-manufacturers to install air bags. 529 U.S. at 874-75 . | 1 | 3 |
Bausch v. Stryker Corp.green1 sentence2022In support, plaintiff cites Norabuena, 2017 IL App (1st) 162928 , ¶¶ 31-32 (state law claim against medical device manufacturer for failure to warn against risks of off-label uses in advertising the device paralleled the federal prohibition against misbranding and was not preempted), and Bausch v. Stryker Corp., 630 F.3d 546, 556-58 (7th Cir. 2010) (state law manufacturing defect claim for an allegedly adulterated device used in the plaintiff’s hip replacement surgery paralleled the federal safety requirement against adulteration and was not preempted). ¶ 89 However, unlike Norabuena, plaintif | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Geier, Alexis v. Amer Honda Mtr Co
green
2 sentences1999Although the standard does not mandate or forbid the use of airbags, it presents them as one of several options from which manufacturers may choose. *** [The plaintiffs’ savings clause] argument fails to surmount the obstacle that a favorable verdict would present to achieving congressional objectives in the chosen manner.” Geier, 166 F.3d at 1242 . 1999Although the standard does not mandate or forbid the use of airbags, it presents them as one of several options from which manufacturers may choose. *** [The plaintiffs' savings clause] argument fails to surmount the obstacle that a favorable verdict would present to achieving congressional objectives in the chosen manner." Geier , 166 F.3d at 1242 . | 2 | 1999–1999 |
Norabuena v. Medtronic, Inc.
green
1 sentence2022In support, plaintiff cites Norabuena, 2017 IL App (1st) 162928 , ¶¶ 31-32 (state law claim against medical device manufacturer for failure to warn against risks of off-label uses in advertising the device paralleled the federal prohibition against misbranding and was not preempted), and Bausch v. Stryker Corp., 630 F.3d 546, 556-58 (7th Cir. 2010) (state law manufacturing defect claim for an allegedly adulterated device used in the plaintiff’s hip replacement surgery paralleled the federal safety requirement against adulteration and was not preempted). ¶ 89 However, unlike Norabuena, plaintif | 1 | 2022–2022 |
Kananen v. Califano
green
2 sentences1982Issues raised for the first time on appeal may not normally be considered by the appellate court. ( Snow v. Dixon (1977), 66 Ill.2d 443, 453 , cert. denied (1977), 434 U.S. 939 , 54 L.Ed.2d 298 , 98 S.Ct. 429 ; People ex rel. 1982Issues raised for the first time on appeal may not normally be considered by the appellate court. ( Snow v. Dixon (1977), 66 Ill.2d 443, 453 , cert. denied (1977), 434 U.S. 939 , 54 L.Ed.2d 298 , 98 S.Ct. 429 ; People ex rel. | 1 | 1982–1982 |
Bergen v. United States
green
1 sentence1982Issues raised for the first time on appeal may not normally be considered by the appellate court. ( Snow v. Dixon (1977), 66 Ill.2d 443, 453 , cert. denied (1977), 434 U.S. 939 , 54 L.Ed.2d 298 , 98 S.Ct. 429 ; People ex rel. | 1 | 1982–1982 |
Snow v. Dixon
green
1 sentence1982Issues raised for the first time on appeal may not normally be considered by the appellate court. ( Snow v. Dixon (1977), 66 Ill.2d 443, 453 , cert. denied (1977), 434 U.S. 939 , 54 L.Ed.2d 298 , 98 S.Ct. 429 ; People ex rel. | 1 | 1982–1982 |
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.