presence of a severability clause (Illinois) · Go Syfert
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presence of a severability clause in Illinois

5 Illinois opinions name it 2 courts 1997–2008 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 (1)

CaseFollowedCited
Cincinnati Insurance v. Chapmangreen
ill · 1998 · cited in 2 Illinois opinions naming this issue, 2001–2001
2 sentences

2001See Cincinnati Insurance Co. v. Chapman, 181 Ill.2d 65, 81 , 229 Ill.Dec. 264 , 691 N.E.2d 374, 381 (1998).

2001See Cincinnati Insurance Co. v. Chapman, 181 Ill.2d 65, 81 , 229 Ill.Dec. 264 , 691 N.E.2d 374, 381 (1998).

22

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
Abbott-Interfast Corp. v. Harkabus green
illappct · 1993
2 sentences

2008The clause reads: "If any term, covenant or condition of this contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract or the application of such term, covenant or provision, to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term, covenant or provision of this contract shall be valid and be enforced to the fullest extent permitted by law." "The existence of a severability clause in a contract certainly strengthens the case for

2008The clause reads: “If any term, covenant or condition of this contract or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this contract or the application of such term, covenant or provision, to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term, covenant or provision of this contract shall be valid and be enforced to the fullest extent permitted by law.” “The existence of a severability clause in a contract certainly strengthens the case for

22008–2008
Kunkel v. Walton green
ill · 1997
2 sentences

1997In sum, given the presence of a severability clause in the Act, the ability of the valid measures to stand independently of those found invalid, and the legislature's concern about a ruling striking down a portion of this body of legislation, I would conclude that the provisions found unconstitutional here are severable from the remainder of the Act. * * * Although I agree with the majority that the physician-patient disclosure provisions are invalid, for the reasons expressed by the court in Kunkel v. Walton, 179 Ill.2d 519 , 228 Ill.Dec. 626 , 689 N.E.2d 1047 (1997), I do not agree that the

1997In sum, given the presence of a severability clause in the Act, the ability of the valid measures to stand independently of those found invalid, and the legislature’s concern about a ruling striking down a portion of this body of legislation, I would conclude that the provisions found unconstitutional here are severable from the remainder of the Act. * * * Although I agree with the majority that the physician-patient disclosure provisions are invalid, for the reasons expressed by the court in Kunkel v. Walton, 179 Ill. 2d 519 (1997), I do not agree that the limit on noneconomic damages is inva

11997–1997

Where else courts name it

WA 12 (2002–2021) IL 5 (1997–2008) MD 4 (1973–1981) NC 3 (1997–2014) AL 3 (1981–1999) IN 3 (1979–2014) AR 2 (1964–1994) TX 2 (2018–2023)

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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