Illinois Case Commentaries

Federal Preemption Does Not Void Voluntary Division of Veterans’ Disability Benefits in Marital Settlements

Date: May 23, 2025

Federal Preemption Does Not Void Voluntary Division of Veterans’ Disability Benefits in Marital Settlements Introduction In In re Marriage of Tronsrue, 2025 IL 130596, the Illinois Supreme Court...

Actual Knowledge Through Third-Party Litigation Satisfies UCC §2-607 Notice Requirement

Date: May 23, 2025

Actual Knowledge Through Third-Party Litigation Satisfies UCC §2-607 Notice Requirement Introduction This commentary examines the Illinois Supreme Court’s decision in Andrews v. Carbon on 26th, LLC...

Appealability of Orders Granting New Trials in Postconviction Proceedings

Date: Apr 25, 2025

Appealability of Orders Granting New Trials in Postconviction Proceedings Introduction The Supreme Court of Illinois decided People v. Harris (2025 IL 130351) on April 24, 2025. Ralph Harris had been...

Constitutional Limits on Venue Restrictions for State Constitutional Challenges

Date: Apr 25, 2025

Constitutional Limits on Venue Restrictions for State Constitutional Challenges Introduction In Piasa Armory, LLC v. Raoul (2025 IL 130539), the Illinois Supreme Court addressed the constitutionality...

People v. Yankaway: Automatic Commencement of 160-Day Speedy-Trial Term Under Section 103-5(e) and the Prejudice Requirement in Ineffective Assistance Claims

Date: Apr 25, 2025

People v. Yankaway: Automatic Commencement of 160-Day Speedy-Trial Term Under Section 103-5(e) and the Prejudice Requirement in Ineffective Assistance Claims Introduction The Supreme Court of...

Clarifying Intent in Attempted First Degree Murder: Intent to Kill Without Lawful Justification

Date: Apr 25, 2025

Clarifying Intent in Attempted First Degree Murder: Intent to Kill Without Lawful Justification Introduction In People v. Guy, 2025 IL 129967, the Illinois Supreme Court addressed a fundamental...

McCombie v. Illinois State Board of Elections: Laches Bars Untimely Original Redistricting Challenges

Date: Apr 10, 2025

McCombie v. Illinois State Board of Elections: Laches Bars Untimely Original Redistricting Challenges Introduction In McCombie v. Illinois State Board of Elections (2025 IL 131480), the Illinois...

People v. Williams: Illinois Supreme Court Clarifies Limits of “Reasonable Assistance” in Postconviction Proceedings and Rejects “Paucity-of-Record” Remand

Date: Apr 4, 2025

People v. Williams: Illinois Supreme Court Clarifies Limits of “Reasonable Assistance” in Postconviction Proceedings and Rejects “Paucity-of-Record” Remand Introduction In People v. Williams, 2025 IL...

Exclusive IDOR Jurisdiction Over Sales Tax Misallocations; Village of Itasca Overruled

Date: Mar 21, 2025

Exclusive IDOR Jurisdiction Over Illinois Sales Tax Misallocations; Village of Itasca Overruled Introduction In Village of Arlington Heights v. City of Rolling Meadows, 2025 IL 130461 (Ill. Mar. 20,...

Rule 92(e) Clarified: No Waiver of Statutory Costs When Not Presented to Arbitrator

Date: Mar 21, 2025

Rule 92(e) Clarified: No Waiver of Statutory Costs When Not Presented to Arbitrator Introduction In Jordan v. Macedo, 2025 IL 130687, the Supreme Court of Illinois resolved a recurrent procedural...

Illinois Supreme Court Limits Community Caretaking Exception in Warrantless Searches

Date: Feb 11, 2025

Illinois Supreme Court Limits Community Caretaking Exception in Warrantless Searches Introduction The case of The People of the State of Illinois v. Casey Robert Hagestedt (2025 IL 130286) presents a...

Standard of Review for Pretrial Detention Decisions Established in Morgan v. The People of Illinois

Date: Feb 11, 2025

Standard of Review for Pretrial Detention Decisions Established in Morgan v. The People of Illinois Introduction In the landmark case The People of the State of Illinois v. Kendall Cecil Morgan (2025...

Non-Waiver of Proportionate Penalties Claims in Blind Guilty Pleas: Illinois Supreme Court's Ruling in People v. White

Date: Jan 31, 2025

Non-Waiver of Proportionate Penalties Claims in Blind Guilty Pleas: Illinois Supreme Court's Ruling in People v. White Introduction In The People of the State of Illinois v. Sedrick White (2025 IL...

Section 1.1 of the Workers' Occupational Diseases Act Provides Prospective Exception to Repose Periods

Date: Jan 31, 2025

Section 1.1 of the Workers' Occupational Diseases Act Provides Prospective Exception to Repose Periods Introduction In the landmark case of Candice Martin v. Goodrich Corporation et al., decided by...

Illinois Supreme Court Affirms State's Authority to File Pretrial Detention Petitions Under the Pretrial Fairness Act

Date: Jan 31, 2025

Illinois Supreme Court Affirms State's Authority to File Pretrial Detention Petitions Under the Pretrial Fairness Act Introduction In the landmark case of The People of the State of Illinois v....

Supreme Court of Illinois Establishes Strict Criteria for Standing and Mootness in Casino Licensing Litigation

Date: Jan 31, 2025

Supreme Court of Illinois Establishes Strict Criteria for Standing and Mootness in Casino Licensing Litigation Introduction The case of Waukegan Potawatomi Casino, LLC v. The Illinois Gaming Board et...

Strict Jurisdictional Standards for Election Contests Affirmed in Ontiveroz v. Khokhar

Date: Jan 31, 2025

Strict Jurisdictional Standards for Election Contests Affirmed in Ontiveroz v. Khokhar Introduction The case of Mike Ontiveroz v. Chodri Ma Khokhar et al. (Jean Kaczmarek, Appellant), decided on...

Standing in Data Breach Class Actions: Illinois Supreme Court Sets New Precedent in Petta v. Christie Clinic

Date: Jan 31, 2025

Standing in Data Breach Class Actions: Illinois Supreme Court Sets New Precedent in Petta v. Christie Clinic Introduction Petta v. Christie Business Holdings Company, P.C. (2025 IL 130337) marks a...

Severance of Injunctive Relief and Monetary Claims under the Officer-Suit Exception: Walker v. Chasteen

Date: Jan 31, 2025

Severance of Injunctive Relief and Monetary Claims under the Officer-Suit Exception: Walker v. Chasteen Introduction Walker v. Chasteen (2025 IL 130288) is a landmark decision by the Supreme Court of...

Inclusion of Performance Bonuses in Regular Rate for Overtime Calculation: Mercado v. S&C Electric

Date: Jan 25, 2025

Inclusion of Performance Bonuses in Regular Rate for Overtime Calculation: Mercado v. S&C Electric Introduction The case of Carmen Mercado et al. v. S&C Electric Company addresses a pivotal issue in...