State has waived sovereign immunity (Illinois) · Go Syfert
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State has waived sovereign immunity in Illinois

5 Illinois opinions name it 1 courts 2015–2024 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 (5)

CaseFollowedCited
Martin v. Giordanogreen
illappct · 1983 · cited in 3 Illinois opinions naming this issue, 2015–2024
2 sentences

2024In our review of whether the State has waived sovereign immunity, “the critical issue is whether the legislature intended to impose liability upon the State, not how or where the intent is expressed.” Grey v. Hasbrouck, 2015 IL App (1st) 130267 , ¶ 18 (quoting Martin v. Giordano, 115 Ill.App.3d 367, 370 (4th Dist. 1983)). ¶ 33 Examples where our courts have found that the legislature intended to waive sovereign immunity include sections 19 and 25 of the Illinois Educational Labor Relations Act (115 ILCS 5/19 (West 2022)) and the Illinois Public Labor Relations Act (5 ILCS 315/1, et (West 2022)

2015When the court addresses whether the State has waived sovereign immunity,"[t]he critical issue is whether the legislature intended to impose liability upon the State-- not how or where the intent is expressed." Martin, 115 Ill.

13
Parmar v. Madigangreen
ill · 2018 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024In our review of whether the State has waived sovereign immunity, “the critical issue is whether the legislature intended to impose liability upon the State, not how or where the intent is expressed.” Grey v. Hasbrouck, 2015 IL App (1st) 130267 , ¶ 18 (quoting Martin v. Giordano, 115 Ill.App.3d 367, 370 (4th Dist. 1983)). ¶ 33 Examples where our courts have found that the legislature intended to waive sovereign immunity include sections 19 and 25 of the Illinois Educational Labor Relations Act (115 ILCS 5/19 (West 2022)) and the Illinois Public Labor Relations Act (5 ILCS 315/1, et (West 2022)

11
Grey v. Hasbrouckgreen
illappct · 2015 · cited in 1 Illinois opinions naming this issue, 2024–2024
2 sentences

2024See Grey, 2015 IL App (1st) 130267, ¶¶ 18-21 .

2024In our review of whether the State has waived sovereign immunity, “the critical issue is whether the legislature intended to impose liability upon the State, not how or where the intent is expressed.” Grey v. Hasbrouck, 2015 IL App (1st) 130267 , ¶ 18 (quoting Martin v. Giordano, 115 Ill.App.3d 367, 370 (4th Dist. 1983)). ¶ 33 Examples where our courts have found that the legislature intended to waive sovereign immunity include sections 19 and 25 of the Illinois Educational Labor Relations Act (115 ILCS 5/19 (West 2022)) and the Illinois Public Labor Relations Act (5 ILCS 315/1, et (West 2022)

11
Ind. Prot. and Adv. Servs. v. Ind. Family and Soc.green
ca7 · 2010 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Indiana Protection & Advocacy Services v. Indiana Family & Social Services Administration, 603 F.3d 365, 370-71 (7th Cir. 2010).

11
Indiana Protection & Advocacy Services v. Indiana Family & Social Services Administrationgreen
ca7 · 2010 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Indiana Protection & Advocacy Services v. Indiana Family & Social Services Adm’n, 603 F.3d 365, 370-71 (7th Cir. 2010).

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 (1)

CaseCitedYears
Leetaru v. The Board of Trustees of the University of Illinois green
ill · 2015
1 sentence

2024In our review of whether the State has waived sovereign immunity, “the critical issue is whether the legislature intended to impose liability upon the State, not how or where the intent is expressed.” Grey v. Hasbrouck, 2015 IL App (1st) 130267 , ¶ 18 (quoting Martin v. Giordano, 115 Ill.App.3d 367, 370 (4th Dist. 1983)). ¶ 33 Examples where our courts have found that the legislature intended to waive sovereign immunity include sections 19 and 25 of the Illinois Educational Labor Relations Act (115 ILCS 5/19 (West 2022)) and the Illinois Public Labor Relations Act (5 ILCS 315/1, et (West 2022)

12024–2024

Statutes the citing opinions construe

IL § 740 ILCS 23/5 (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

TX 11 (1977–2025) NC 6 (2007–2022) GA 5 (1997–2023) IL 5 (2015–2024) NV 5 (2018–2018) TN 3 (2014–2018) DE 3 (2017–2023) FL 3 (1980–2009) SD 3 (1998–2025) MD 2 (2008–2025) WA 2 (2006–2006) CT 2 (1997–2001)

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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