705 ILCS 505/1
The Court of Claims, hereinafter called the court, is created
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(705 ILCS 505/1)
(from Ch. 37, par. 439.1)
Sec. 1.
The Court of Claims, hereinafter called the court, is created.
It
shall consist of 7 judges, who are attorneys licensed to practice law in
the State of Illinois, to be appointed by the Governor by and with the advice
and consent of the Senate, one of whom shall be appointed chief justice.
In case of vacancy in such office during the recess of the Senate, the Governor
shall make a temporary appointment until the next meeting of the Senate,
when he shall nominate some person to fill such office. If the Senate is
not in session at the time this Act takes effect, the Governor shall make
temporary appointments as in case of vacancy.
(Source: P.A. 84-1240.)
Notes of Decisions
Cited in 130
cases (12 in the last 5 years), 1990–2026 · leading case: Leetaru v. The Board of Trustees of the University of Illinois
Leetaru v. The Board of Trustees of the University of Illinois (2015)
“(West 2012)) and the Court of Claims Act (705 ILCS 505/1 et seq. (West 2012)), defendants contended that this action was actually one against the State, that the State is not subject to being sued in circuit court except under circumstances not present in this case, and that…”
Kucinsky v. Pfister (2020)
“Section 1 of the Immunity Act provides that, except as provided in the Court of Claims Act 7 (705 ILCS 505/1 et seq. (West 2016)) and other specified statutes, “the State of Illinois shall not be made a defendant or party in any court.”
Jackson v. Alverez (2005)
“The General Assembly reinstated sovereign immunity in the Court of Claims Act (705 ILCS 505/1 through 29 (West 2002)). Section 8(d) of the Act provides as follows: "The [C]ourt [of Claims] shall have exclusive jurisdiction to hear and determine * * * [a]ll claims against the…”
Brandon v. Bonell (2006)
“Defendants argued that because the statute imposes a duty only on the Department of Corrections, it would violate principles of sovereign immunity and the Court of Claims Act (705 ILCS 505/1 et seq. (West 2004)) to allow evidence of a duty derived from the statute.”
Fritz v. Johnston (2004)
“(West 1998)) or the Court of Claims Act (705 ILCS 505/1 et seq. (West 1998)). 1 In the Court of Claims Act, the legislature provided that the Court of Claims has exclusive jurisdiction over “[a] 11 claims against the State for damages in cases sounding in tort, if a like cause…”
Hadley v. Department of Corrections (2005)
“Laws 3446 -47)), which provides, "the State of Illinois shall not be made a defendant or party in any court" except as provided in the Court of Claims Act (705 ILCS 505/1 through 29 (West 2004)) or the Illinois Public Labor Relations Act (5 ILCS 315/1 through 27 (West 2004)).”
Jinkins v. Lee (2004)
“705 ILCS 505/1 et seq. (West 2002). Section 8 of the Court of Claims Act provides: “The court shall have exclusive jurisdiction to hear and determine the following matters: (d) All claims against the State for damages in cases sounding in tort, if a like cause of action would…”
Township of Jubilee v. State of Illinois (2011)
“(West 2002)) and the -3- Court of Claims Act (Claims Act) (705 ILCS 505/1 et seq. (West 2002)) the circuit court had no jurisdiction to consider the Township’s action for declaratory judgment and to quiet title as it pertained to the State.”
People v. Dixon (1999)
“1 (West 1996))); section 35 amends that section of the Court of Claims Act (705 ILCS 505/1 through 29 (West 1994 & Supp.”
Jinkins v. Lee (2003)
“The Court of Claims Act (705 ILCS 505/1 et seq. (West 1998)) established the Court of Claims and gave it exclusive jurisdiction to hear certain matters, including the following actions: "All claims against the State for damages in cases sounding in tort, if a like cause of…”
Township of Jubilee v. State (2011)
“(West 2002)) and the Court of Claims Act (Claims Act) (705 ILCS 505/1 et seq. (West 2002)) the circuit court had no jurisdiction to consider the Township's action for declaratory judgment and to quiet title as it pertained to the State.”
Parmar v. Madigan (2018)
“¶ 20 The Court of Claims Act ( 705 ILCS 505/1 et seq. (West 2014) ) creates a forum for actions against the State.”
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