retroactive waiver (Illinois) · Go Syfert
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retroactive waiver in Illinois

5 Illinois opinions name it 1 courts 1989–2026 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
BAC Home Loans Servicing, LP v. Mitchellgreen
ill · 2014 · cited in 3 Illinois opinions naming this issue, 2014–2025
2 sentences

2025The rule about prospective-only personal jurisdiction is “intended to protect parties’ due process rights by preventing entry of a judgment without prior notice and an opportunity to be heard.” Id. ¶ 59 To hold otherwise and impose a retroactive waiver would waive that party’s valid jurisdictional argument the moment it was raised, thus defeating those due process rights to be heard.

2015See BAC Home Loans Servicing, LP v. Mitchell, 2014 IL 116311, ¶ 43 (actions taken after lodging objection to personal jurisdiction do not create a retroactive waiver of such objection). ¶ 24 WSB contends that the defect in service of process merely rendered the judgments voidable, not void, citing Bell Federal Savings & Loan Ass’n v. Horton, 59 Ill.

23
Bell Federal Savings & Loan Ass'n v. Hortongreen
illappct · 1978 · cited in 2 Illinois opinions naming this issue, 2014–2015
2 sentences

2015See BAC Home Loans Servicing, LP v. Mitchell, 2014 IL 116311, ¶ 43 (actions taken after lodging objection to personal jurisdiction do not create a retroactive waiver of such objection). ¶ 24 WSB contends that the defect in service of process merely rendered the judgments voidable, not void, citing Bell Federal Savings & Loan Ass’n v. Horton, 59 Ill.

2014See BAC Home Loans Servicing, LP v. Mitchell, 2014 IL 116311, ¶ 43 (actions taken after lodging objection to personal jurisdiction do not create a retroactive waiver of such objection). ¶ 24 WSB contends that the defect in service of process merely rendered the judgments voidable, not void, citing Bell Federal Savings & Loan Ass’n v. Horton, 59 Ill.

22
Beauchamp v. Dartgreen
illappct · 2022 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026See Beauchamp v. Dart, 2022 IL App (1st) 210091, ¶ 31 (if plaintiff’s claim that plaintiff has a clear right to the desired relief is dependent upon a statutory provision, and this court determines that the statutory provision does not in fact support the plaintiff’s claim, then the plaintiff’s claim for mandamus fails and dismissal is appropriate because “plaintiff is unable to plead any set of facts to demonstrate a clear right to the relief sought because the statutory scheme is contra to the existence of plaintiff’s alleged right”). ¶ 17 Although the plaintiff alleges on appeal that his du

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 (2)

CaseCitedYears
Clemmons v. Travelers Insurance Co. green
ill · 1981
2 sentences

2015App. 3d 923, 930-31 (1978), and Clemmons v. Travelers Insurance Co., 88 Ill. 2d 469, 481 (1981).

2014App. 3d 923 , 930- 31 (1978), and Clemmons v. Travelers Insurance Co., 88 Ill. 2d 469, 481 (1981).

22014–2015
People v. Erickson green
ill · 1987
2 sentences

1989The court in Brooks relied on the retroactive test delineated in People v. Erickson (1987), 117 Ill. 2d 271 .

1989The Erickson court held that new constitutional rules set forth in judicial opinions will be applied retroactively when “(1) the case to which the new rule is to be applied was not final or was pending on direct review when the rule was declared and (2) the rule to be applied retroactively is of constitutional dimension.” Erickson, 117 Ill. 2d at 289 .

11989–1989

Statutes the citing opinions construe

IL § 735 ILCS 5/2-1401 (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 8 (1969–2025) OH 7 (1997–2014) NV 6 (1966–2019) IL 5 (1989–2026) NJ 5 (2017–2020) OR 4 (1980–2020) PA 4 (1898–2017) TX 3 (2015–2021) WI 3 (1981–2004) TN 3 (1977–2009) DE 2 (1991–2018) MT 2 (1924–2001) KY 2 (2006–2022) SD 2 (1975–2004) MD 2 (2008–2022)

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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