one-year test (Illinois) · Go Syfert
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one-year test in Illinois

5 Illinois opinions name it 2 courts 1982–2023 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 (1)

CaseFollowedCited
Texas Eastern Transmission Corp. v. McCrategreen
illappct · 1979 · cited in 1 Illinois opinions naming this issue, 2008–2008
1 sentence

2008App. 3d 828, 833 , 395 N.E.2d 624, 628 (1979). 3 later determined that the one-year rule would apply if Kapsas was a hospital employee.

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 (7)

CaseCitedYears
Business & Professional People for the Public Interest v. Illinois Commerce Commission green
ill · 1990
2 sentences

1993The BPI I court held that the Commission must abide by the “test-year standard or set an articulable alternative standard which the parties and intervenors could follow and on which the parties and intervenors could present evidence.” (BPI, 136 Ill. 2d at 226 , 555 N.E.2d at 708 .) The court concluded that the Commission “violated its rules and the Act to the prejudice of the intervenors, and therefore committed reversible error.” BPI, 136 Ill. 2d at 227 , 555 N.E.2d at 709 .

1993The BPI I court held that the Commission must abide by the “test-year standard or set an articulable alternative standard which the parties and intervenors could follow and on which the parties and intervenors could present evidence.” (BPI, 136 Ill. 2d at 226 , 555 N.E.2d at 708 .) The court concluded that the Commission “violated its rules and the Act to the prejudice of the intervenors, and therefore committed reversible error.” BPI, 136 Ill. 2d at 227 , 555 N.E.2d at 709 .

21990–1993
Demchuk v. Duplancich green
ill · 1982
1 sentence

2023Our supreme court stated that “[w]hether a change in the law should be effected in this statutory cause of action to exempt minors *** from the one-year requirement is not for judicial determination where, as here, the legislature has clearly concluded that the benefits of the limitation” —e.g., avoiding “the evils of long-delayed litigation” — “outweigh the possibility that a minor[’s] *** claim will be barred by the failure of a personal representative to institute suit within one year.” Id. at 8-9 . ¶ 37 Thomas contends that Demchuk was overruled by the Illinois Supreme Court in Belleville

12023–2023
Litwiller v. SKAR Enterprises green
illappct · 2011
1 sentence

2023Our supreme court stated that “[w]hether a change in the law should be effected in this statutory cause of action to exempt minors *** from the one-year requirement is not for judicial determination where, as here, the legislature has clearly concluded that the benefits of the limitation” —e.g., avoiding “the evils of long-delayed litigation” — “outweigh the possibility that a minor[’s] *** claim will be barred by the failure of a personal representative to institute suit within one year.” Id. at 8-9 . ¶ 37 Thomas contends that Demchuk was overruled by the Illinois Supreme Court in Belleville

12023–2023
Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc. green
ill · 2002
1 sentence

2023Our supreme court stated that “[w]hether a change in the law should be effected in this statutory cause of action to exempt minors *** from the one-year requirement is not for judicial determination where, as here, the legislature has clearly concluded that the benefits of the limitation” —e.g., avoiding “the evils of long-delayed litigation” — “outweigh the possibility that a minor[’s] *** claim will be barred by the failure of a personal representative to institute suit within one year.” Id. at 8-9 . ¶ 37 Thomas contends that Demchuk was overruled by the Illinois Supreme Court in Belleville

12023–2023
Masin v. Bassford green
ill · 1943
1 sentence

1982F. Bast Co. (1978), 73 Ill. 2d 58 ; Johnson v. Industrial Com. (1972), 53 Ill. 2d 23 ; Masin v. Bassford (1943), 381 Ill. 569 .) Whether a change in the law should be effected in this statutory cause of action to exempt minors and incompetents from the one-year requirement is not for judicial determination where, as here, the legislature has clearly concluded that the benefits of the limitation outweigh the possibility that a minor or incompetent’s claim will be barred by the failure of a personal representative to institute suit within one year.

11982–1982
Wilbon v. D. F. Bast Co. green
ill · 1978
1 sentence

1982F. Bast Co. (1978), 73 Ill. 2d 58 ; Johnson v. Industrial Com. (1972), 53 Ill. 2d 23 ; Masin v. Bassford (1943), 381 Ill. 569 .) Whether a change in the law should be effected in this statutory cause of action to exempt minors and incompetents from the one-year requirement is not for judicial determination where, as here, the legislature has clearly concluded that the benefits of the limitation outweigh the possibility that a minor or incompetent’s claim will be barred by the failure of a personal representative to institute suit within one year.

11982–1982
Johnson v. Industrial Commission green
ill · 1972
1 sentence

1982F. Bast Co. (1978), 73 Ill. 2d 58 ; Johnson v. Industrial Com. (1972), 53 Ill. 2d 23 ; Masin v. Bassford (1943), 381 Ill. 569 .) Whether a change in the law should be effected in this statutory cause of action to exempt minors and incompetents from the one-year requirement is not for judicial determination where, as here, the legislature has clearly concluded that the benefits of the limitation outweigh the possibility that a minor or incompetent’s claim will be barred by the failure of a personal representative to institute suit within one year.

11982–1982

Where else courts name it

PA 26 (1998–2025) CT 26 (1983–2019) CA 23 (1914–2025) WA 16 (1997–2021) IN 14 (1971–2019) NY 13 (1976–2025) TX 10 (1987–2025) OH 8 (1972–2020) MI 8 (1969–2020) AR 8 (1993–2026) MS 7 (2003–2021) AZ 7 (1961–2019) FL 7 (1980–2022) NJ 6 (1974–2012) UT 6 (1983–2019) WI 6 (1960–2003) NC 5 (1922–1992) MN 5 (1981–1999) IL 5 (1982–2023) LA 4 (1978–1997) IA 4 (1982–2024) WY 3 (2002–2022) NM 3 (2000–2012) GA 3 (2000–2017) ME 3 (1978–2023) KY 3 (1970–2023) CO 2 (2001–2005) MT 2 (1985–1999) OK 2 (1993–2005) VT 2 (2017–2020) SC 2 (1995–2023) AL 2 (1926–1955) OR 2 (1973–1973) DC 2 (1987–2015) KS 2 (1978–2022) TN 2 (1955–2009)

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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