use of the discovery doctrine (Illinois) · Go Syfert
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use of the discovery doctrine in Illinois

7 Illinois opinions name it 1 courts 1987–2015 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Illinois.

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
Fure v. Sherman Hospital green
illappct · 1978
2 sentences

2015The court discussed the inequity of applying the discovery rule to personal injury actions but not wrongful death actions, concluding: “In our opinion there should be no barrier to the application of the ‘discovery’ rule based on the ultimate tragedy of death where the circumstances of the death would have permitted an extension of the time limitation for the mere wounding or injury of the person and we hold that the fact of death does not per se foreclose the use of the discovery doctrine.” Id. at 270 .

2015The court discussed the inequity of applying the discovery rule to personal injury actions but not wrongful death actions, concluding: “In our opinion there should be no barrier to the application of the ‘discovery’ rule based on the ultimate tragedy of death where the circumstances of the death would have permitted an extension of the time limitation for the mere wounding or injury of the person and we hold that the fact of death does not per se foreclose the use of the discovery doctrine.” Id. at 270 .

51987–2015
Wyness v. Armstrong World Industries, Inc. green
ill · 1989
2 sentences

2015The dissent cites Wyness, 131 Ill. 2d at 413 , for this proposition.

2015The dissent cites Wyness, 131 Ill. 2d at 413 , for this proposition.

42015–2015
Coleman v. Hinsdale Emergency Medical Corp. green
illappct · 1982
2 sentences

2015The Second District reaffirmed its holding four years later, stating, “the discovery rule *** is applicable in a wrongful death case.” Coleman, 108 Ill.

2015The Second District reaffirmed its holding four years later, stating, “the discovery rule *** is applicable in a wrongful death case.” Coleman, 108 Ill.

42015–2015
People v. Davis green
illappct · 2004
2 sentences

2008Davis, 351 Ill.

2008Davis, 351 Ill.

22008–2008

Statutes the citing opinions construe

IL § 735 ILCS 5/13-212 (4) IL § 735 ILCS 5/2-619 (4) IL § 740 ILCS 180/0.01 (4) IL § 740 ILCS 180/2 (4) IL § 755 ILCS 5/27-6 (4) USC § 42u.s.c.201 (4)

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

IL 7 (1987–2015) TX 7 (2003–2020) NJ 2 (2000–2012) PA 2 (1985–1995) DC 2 (2003–2003)

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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