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  • Commentaries
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Illinois Case Commentaries

Expansion of Duty to Defend: Illinois Supreme Court Rules on Self-Defense Exception in Insurance Policies

Expansion of Duty to Defend: Illinois Supreme Court Rules on Self-Defense Exception in Insurance Policies

Date: May 21, 2010
Expansion of Duty to Defend: Illinois Supreme Court Rules on Self-Defense Exception in Insurance Policies Introduction In the landmark case of Pekin Insurance Company et al. v. Jack O. Wilson et al.,...
State's Retention of Interest on Unclaimed Property Upheld as Non-Taking Under Illinois Constitution

State's Retention of Interest on Unclaimed Property Upheld as Non-Taking Under Illinois Constitution

Date: May 21, 2010
State's Retention of Interest on Unclaimed Property Upheld as Non-Taking Under Illinois Constitution Introduction The case of David Cwik, Successor Independent Administrator of the Estate of Genowefa...
Upholding Party Presentation: Supreme Court of Illinois in PEOPLE v. GIVENS

Upholding Party Presentation: Supreme Court of Illinois in PEOPLE v. GIVENS

Date: Apr 16, 2010
Upholding Party Presentation: Supreme Court of Illinois in PEOPLE v. GIVENS Introduction In People of the State of Illinois v. Fatima Givens (237 Ill. 2d 311, 2010), the Supreme Court of Illinois...
Affirmation of Aggravated Unlawful Use of a Weapon Over Unlawful Possession: Key Insights from PEOPLE v. JOHNSON

Affirmation of Aggravated Unlawful Use of a Weapon Over Unlawful Possession: Key Insights from PEOPLE v. JOHNSON

Date: Apr 16, 2010
Affirmation of Aggravated Unlawful Use of a Weapon Over Unlawful Possession: Key Insights from PEOPLE v. JOHNSON Introduction The case of The People of the State of Illinois v. Raymond Johnson (237...
Affirmation of Non-Triggering of Krankel Inquiry for Implicit Claims of Ineffective Assistance of Counsel in Illinois

Affirmation of Non-Triggering of Krankel Inquiry for Implicit Claims of Ineffective Assistance of Counsel in Illinois

Date: Apr 16, 2010
Affirmation of Non-Triggering of Krankel Inquiry for Implicit Claims of Ineffective Assistance of Counsel in Illinois Introduction In the landmark case of The People of the State of Illinois v....
Unreviewable Deferral of Motions in Limine When Defendants Choose Not to Testify

Unreviewable Deferral of Motions in Limine When Defendants Choose Not to Testify

Date: Apr 16, 2010
Unreviewable Deferral of Motions in Limine When Defendants Choose Not to Testify Introduction In the landmark case The People of the State of Illinois v. Warren Averett and David Tucker (237 Ill. 2d...
Illinois Supreme Court Establishes $20 Handling Fee for Medical Records as Per Se Reasonable

Illinois Supreme Court Establishes $20 Handling Fee for Medical Records as Per Se Reasonable

Date: Mar 19, 2010
Illinois Supreme Court Establishes $20 Handling Fee for Medical Records as Per Se Reasonable Introduction In the landmark case of Walter Solon et al. v. Midwest Medical Records Association, Inc., the...
Joint Representation of Codefendants and Effective Assistance of Counsel: Insights from People v. Taylor

Joint Representation of Codefendants and Effective Assistance of Counsel: Insights from People v. Taylor

Date: Mar 19, 2010
Joint Representation of Codefendants and Effective Assistance of Counsel: Insights from People v. Taylor Introduction People v. Taylor, 237 Ill. 2d 356 (2010), is a significant Supreme Court of...
Illinois Supreme Court Upholds Concurrent Aggravated DUI and DWLR Convictions: Clarifying One-Act, One-Crime Doctrine

Illinois Supreme Court Upholds Concurrent Aggravated DUI and DWLR Convictions: Clarifying One-Act, One-Crime Doctrine

Date: Mar 19, 2010
Illinois Supreme Court Upholds Concurrent Aggravated DUI and DWLR Convictions: Clarifying One-Act, One-Crime Doctrine Introduction The case of The People of the State of Illinois v. Jorge Nunez,...
Strict Standards for Charitable Property Tax Exemptions: Provena Hospitals v. Department of Revenue Establishes High Threshold for Eligibility

Strict Standards for Charitable Property Tax Exemptions: Provena Hospitals v. Department of Revenue Establishes High Threshold for Eligibility

Date: Mar 19, 2010
Strict Standards for Charitable Property Tax Exemptions: Provena Hospitals v. Department of Revenue Establishes High Threshold for Eligibility Introduction In Provena Covenant Medical Center et al....
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...
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