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  • Commentaries
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Illinois Case Commentaries

Illinois Supreme Court Prohibits Exclusion of Underinsured Motorist Coverage for Occupants in Liability Policies

Illinois Supreme Court Prohibits Exclusion of Underinsured Motorist Coverage for Occupants in Liability Policies

Date: Mar 19, 2010
Illinois Supreme Court Prohibits Exclusion of Underinsured Motorist Coverage for Occupants in Liability Policies Introduction The landmark case, KENNETH W. SCHULTZ, Appellee, v. ILLINOIS FARMERS...
Affirmation of Death Sentence in People v. Banks: An In-Depth Legal Analysis

Affirmation of Death Sentence in People v. Banks: An In-Depth Legal Analysis

Date: Feb 20, 2010
Affirmation of Death Sentence in People v. Banks: An In-Depth Legal Analysis 1. Introduction People of the State of Illinois v. Dion Banks (237 Ill. 2d 154) represents a pivotal case adjudicated by...
Termination of Parental Rights under Section 1(D)(m)(iii) of the Adoption Act: Incarceration Does Not Toll the Statutory Period

Termination of Parental Rights under Section 1(D)(m)(iii) of the Adoption Act: Incarceration Does Not Toll the Statutory Period

Date: Feb 20, 2010
Termination of Parental Rights under Section 1(D)(m)(iii) of the Adoption Act: Incarceration Does Not Toll the Statutory Period Introduction The case of In re J.L. et al., Minors (236 Ill. 2d 329)...
General Acceptance of Horizontal Gaze Nystagmus (HGN) Test under Frye Standard Confirmed in PEOPLE v. McKOWN

General Acceptance of Horizontal Gaze Nystagmus (HGN) Test under Frye Standard Confirmed in PEOPLE v. McKOWN

Date: Feb 20, 2010
General Acceptance of Horizontal Gaze Nystagmus (HGN) Test under Frye Standard Confirmed in PEOPLE v. McKOWN Introduction In PEOPLE v. McKOWN, 236 Ill. 2d 278 (2010), the Supreme Court of Illinois...
Separation of Powers Violation in Medical Malpractice Damages Caps

Separation of Powers Violation in Medical Malpractice Damages Caps

Date: Feb 5, 2010
Separation of Powers Violation in Medical Malpractice Damages Caps Introduction The Illinois Supreme Court's decision in Abigaile Lebron, a Minor, et al. v. Gottlieb Memorial Hospital et al., 237...
Affirming the Argable Basis Requirement: Comprehensive Analysis of People v. Brown

Affirming the Argable Basis Requirement: Comprehensive Analysis of People v. Brown

Date: Feb 5, 2010
Affirming the Argable Basis Requirement: Comprehensive Analysis of People v. Brown Introduction People v. Brown, 236 Ill. 2d 175 (2010), stands as a pivotal case in Illinois jurisprudence,...
Successive Postconviction Petition Requirements and Appellate Review: The Tidwell Decision

Successive Postconviction Petition Requirements and Appellate Review: The Tidwell Decision

Date: Jan 23, 2010
Successive Postconviction Petition Requirements and Appellate Review: The Tidwell Decision Introduction In The People of the State of Illinois v. Cleother Tidwell, 236 Ill. 2d 150 (2010), the Supreme...
People v. Morris and Holborow: Clarifying the Retroactivity of New Rules in Postconviction Petitions

People v. Morris and Holborow: Clarifying the Retroactivity of New Rules in Postconviction Petitions

Date: Jan 23, 2010
People v. Morris and Holborow: Clarifying the Retroactivity of New Rules in Postconviction Petitions Introduction In the landmark case of People v. Morris and Holborow, the Supreme Court of Illinois...
Supreme Court of Illinois Limits Retroactive Application of Fire Investigation Act to Protect Due Process Rights in Lazenby v. Mark's Construction

Supreme Court of Illinois Limits Retroactive Application of Fire Investigation Act to Protect Due Process Rights in Lazenby v. Mark's Construction

Date: Jan 23, 2010
Supreme Court of Illinois Limits Retroactive Application of Fire Investigation Act to Protect Due Process Rights in Lazenby v. Mark's Construction Introduction Case Overview The case of Wedge C....
Affirmation of Commission's Findings on Credibility in Workers' Compensation Claims

Affirmation of Commission's Findings on Credibility in Workers' Compensation Claims

Date: Dec 30, 2009
Affirmation of Commission's Findings on Credibility in Workers' Compensation Claims Introduction The case of Jerry Hosteny v. Illinois Workers' Compensation Commission et al. addresses pivotal issues...
Juror Dismissal in Capital Sentencing: Reaffirming Due Process Protections

Juror Dismissal in Capital Sentencing: Reaffirming Due Process Protections

Date: Dec 18, 2009
Juror Dismissal in Capital Sentencing: Reaffirming Due Process Protections Introduction In the landmark case of The People of the State of Illinois v. Brian Nelson, 235 Ill. 2d 386 (2009), the...
Limits on Consumer Fraud Claims in Pharmaceutical Withdrawals: DE BOUSE v. BAYER AG

Limits on Consumer Fraud Claims in Pharmaceutical Withdrawals: DE BOUSE v. BAYER AG

Date: Dec 18, 2009
Limits on Consumer Fraud Claims in Pharmaceutical Withdrawals: DE BOUSE v. BAYER AG Introduction The case Teresa De Bouse, Appellee, v. Bayer AG et al., Appellants (235 Ill. 2d 544) adjudicated by...
Mandatory vs. Directory: Illinois Supreme Court Clarifies Admonishment Requirements in Plea Proceedings

Mandatory vs. Directory: Illinois Supreme Court Clarifies Admonishment Requirements in Plea Proceedings

Date: Dec 18, 2009
Mandatory vs. Directory: Illinois Supreme Court Clarifies Admonishment Requirements in Plea Proceedings Introduction In the landmark case of THE PEOPLE OF THE STATE OF ILLINOIS v. LEOBARDO DELVILLAR,...
Affirming Forfeiture and Strict Plain Error Standards: PEOPLE v. McLAURIN (235 Ill. 2d 478)

Affirming Forfeiture and Strict Plain Error Standards: PEOPLE v. McLAURIN (235 Ill. 2d 478)

Date: Dec 18, 2009
Affirming Forfeiture and Strict Plain Error Standards: PEOPLE v. McLAURIN (235 Ill. 2d 478) Introduction The People of the State of Illinois v. Willie McLaurin, 235 Ill. 2d 478 (2009), presents a...
Affirmation of Probable Cause Standards in Arrests: PEOPLE v. HOPKINS

Affirmation of Probable Cause Standards in Arrests: PEOPLE v. HOPKINS

Date: Dec 18, 2009
Affirmation of Probable Cause Standards in Arrests: PEOPLE v. HOPKINS Introduction In the landmark case The People of the State of Illinois v. Ralph Hopkins (235 Ill. 2d 453, 2009), the Supreme Court...
Shipping Charges as Part of Selling Price Subject to Illinois Sales Tax Under ROTA and Use Tax Act

Shipping Charges as Part of Selling Price Subject to Illinois Sales Tax Under ROTA and Use Tax Act

Date: Nov 20, 2009
Shipping Charges as Part of Selling Price Subject to Illinois Sales Tax Under ROTA and Use Tax Act Introduction In the case of Nancy Kean and Chip Russell v. Wal-Mart Stores, Inc., the Supreme Court...
Clarifying the Double Enhancement Doctrine in Aggravated Kidnapping and Criminal Sexual Assault: Analysis of People v. Siguenza-Brito

Clarifying the Double Enhancement Doctrine in Aggravated Kidnapping and Criminal Sexual Assault: Analysis of People v. Siguenza-Brito

Date: Nov 20, 2009
Clarifying the Double Enhancement Doctrine in Aggravated Kidnapping and Criminal Sexual Assault: Analysis of People v. Siguenza-Brito Introduction The case The People of the State of Illinois v....
Establishing the Actual Innocence Exception in Successive Postconviction Petitions in Illinois: PEOPLE v. ORTIZ

Establishing the Actual Innocence Exception in Successive Postconviction Petitions in Illinois: PEOPLE v. ORTIZ

Date: Nov 20, 2009
Establishing the Actual Innocence Exception in Successive Postconviction Petitions in Illinois: PEOPLE v. ORTIZ Introduction In The People of the State of Illinois v. Salvador Ortiz, 235 Ill. 2d 319...
Judicial Expansion of Evidence Admission in Parental Rights Termination: A Comprehensive Analysis of In re JAY. H. et al., Minors

Judicial Expansion of Evidence Admission in Parental Rights Termination: A Comprehensive Analysis of In re JAY. H. et al., Minors

Date: Nov 10, 2009
Judicial Expansion of Evidence Admission in Parental Rights Termination: A Comprehensive Analysis of In re JAY. H. et al., Minors Introduction The appellate case In re JAY. H. et al., Minors (No....
Illinois Supreme Court Clarifies "New Rate" Definition Under Section 18-190 PTELL

Illinois Supreme Court Clarifies "New Rate" Definition Under Section 18-190 PTELL

Date: Oct 30, 2009
Illinois Supreme Court Clarifies "New Rate" Definition Under Section 18-190 PTELL Introduction In the landmark case of ACME MARKETS, INC., et al. v. KAREN CALLANAN, the Supreme Court of Illinois...
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