Illinois Case Commentaries

Illinois Supreme Court Rules Section 19c.1 Personnel Code Does Not Imply Private Right of Action

Date: Feb 21, 2004

Illinois Supreme Court Rules Section 19c.1 Personnel Code Does Not Imply Private Right of Action Introduction The Illinois Supreme Court addressed critical questions regarding the interpretation of...

Juanita SULLIVAN v. EDWARD HOSPITAL: Reinforcing Expert Witness Licensing Standards in Medical Malpractice

Date: Feb 6, 2004

Juanita SULLIVAN v. EDWARD HOSPITAL: Reinforcing Expert Witness Licensing Standards in Medical Malpractice Introduction In Juanita Sullivan, Indiv. and as Special Adm'r of the Estate of Burns...

Double Enhancement in Sentencing: Insights from PEOPLE v. PHELPS

Date: Jan 24, 2004

Double Enhancement in Sentencing: Insights from PEOPLE v. PHELPS Introduction PEOPLE v. PHELPS, 211 Ill. 2d 1, decided on January 23, 2004, by the Supreme Court of Illinois, addresses critical issues...

Negligent Issuance of Life Insurance Policies: Establishing Duty of Care in Insurance Law

Date: Jan 24, 2004

Negligent Issuance of Life Insurance Policies: Establishing Duty of Care in Insurance Law Introduction The Supreme Court of Illinois in Khalid J. BAJWA v. METROPOLITAN LIFE INSURANCE COmpany...

Reaffirmation of DRALLE v. RUDER: No Loss of Filial Consortium Claims for Nonfatal Injuries in Illinois

Date: Jan 24, 2004

Reaffirmation of DRALLE v. RUDER: No Loss of Filial Consortium Claims for Nonfatal Injuries in Illinois Introduction In the landmark case of Mel Vitro et al. v. Alice S. Mihelcic, M.D., et al.,...

Tax Exemption for Charitable Events: QUAD CITIES OPEN, INC. v. THE CITY OF SILVIS

Date: Jan 24, 2004

Tax Exemption for Charitable Events: QUAD CITIES OPEN, INC. v. THE CITY OF SILVIS Introduction The case of QUAD CITIES OPEN, INC. v. THE CITY OF SILVIS explores the intersection of municipal taxation...

Appellate Jurisdiction in Evidentiary Suppression: Insights from People v. Johnson

Date: Dec 19, 2003

Appellate Jurisdiction in Evidentiary Suppression: Insights from People v. Johnson Introduction The case of The People of the State of Illinois v. LaToya Johnson (208 Ill. 2d 118) presents a pivotal...

Affirmation of Nine-Month Evaluation Period for Parental Unfitness under Illinois Adoption Act

Date: Dec 19, 2003

Affirmation of Nine-Month Evaluation Period for Parental Unfitness under Illinois Adoption Act Introduction The case of IN RE D.F. et al., Minors (The People of the State of Illinois v. Lashawn F.)...

Enhanced Custodial Interrogation Standards for Mentally Impaired Defendants

Date: Dec 19, 2003

Enhanced Custodial Interrogation Standards for Mentally Impaired Defendants Introduction In the landmark case The People of the State of Illinois v. Mary Braggs, 209 Ill. 2d 492 (2003), the Supreme...

Affirming Trial Court Discretion on Lesser-Included Offense Instructions in People v. Carter

Date: Nov 21, 2003

Affirming Trial Court Discretion on Lesser-Included Offense Instructions in People v. Carter Introduction In the landmark case of The People of the State of Illinois v. Kingsley L. Carter, decided by...

Clarification on Limitations of Section 2-1401: Ineffective Assistance of Counsel Claims Not Cognizable

Date: Nov 21, 2003

Clarification on Limitations of Section 2-1401: Ineffective Assistance of Counsel Claims Not Cognizable Introduction The People of the State of Illinois v. Robert Pinkonsly (207 Ill. 2d 555) is a...

Strict Compliance with Supreme Court Rule 604(d) Required for Appeals on Guilty Pleas

Date: Nov 21, 2003

Strict Compliance with Supreme Court Rule 604(d) Required for Appeals on Guilty Pleas Introduction The case of The People of the State of Illinois v. Eleanor Flowers, 208 Ill. 2d 291, adjudicated by...

Mandatory Dual-Prong Test for Municipal Immunity under Section 2-201 of the Tort Immunity Act: Reversing Immunity Claims in Van Meter v. Darien Park District

Date: Oct 18, 2003

Mandatory Dual-Prong Test for Municipal Immunity under Section 2-201 of the Tort Immunity Act: Reversing Immunity Claims in Van Meter v. Darien Park District Introduction The case of William Van...

Cumulative Prosecutorial Misconduct and the Right to a Fair Trial: Analysis of PEOPLE v. JOHNSON et al.

Date: Oct 18, 2003

Cumulative Prosecutorial Misconduct and the Right to a Fair Trial: Analysis of PEOPLE v. JOHNSON et al. Introduction The consolidated cases of The People of the State of Illinois v. DeAngelo Johnson,...

Conclusive Presumption of Adequate Warning Devices at Railroad Crossings: Paulette Chandler v. Illinois Central Railroad Company

Date: Oct 3, 2003

Conclusive Presumption of Adequate Warning Devices at Railroad Crossings: Paulette Chandler v. Illinois Central Railroad Company Introduction Paulette Chandler v. Illinois Central Railroad Company is...

Illinois Supreme Court Establishes Continuing Tort Doctrine for Emotional Distress in Marital Abuse Cases

Date: Sep 19, 2003

Illinois Supreme Court Establishes Continuing Tort Doctrine for Emotional Distress in Marital Abuse Cases Introduction In the landmark case LYNN FELTMEIER, Appellee, v. ROBERT FELTMEIER, Appellant...

Reasonable Suspicion Requirement for Warrantless Probation Searches Established in People v. Lampitok

Date: Sep 19, 2003

Reasonable Suspicion Requirement for Warrantless Probation Searches Established in People v. Lampitok Introduction Case: The People of the State of Illinois, Appellant, v. Ronald J. Lampitok,...

Clarifying Forum Non Conveniens: Illinois Supreme Court's Decision in Dawdy v. Union Pacific Railroad

Date: Aug 22, 2003

Clarifying Forum Non Conveniens: Illinois Supreme Court's Decision in Dawdy v. Union Pacific Railroad Introduction The case of William Dawdy, Jr. v. Union Pacific Railroad Company et al. (207 Ill. 2d...

Clarifying 'Culpable Negligence' in Postconviction Relief: People of Illinois v. Rissley

Date: Jun 20, 2003

Clarifying 'Culpable Negligence' in Postconviction Relief: People of Illinois v. Rissley Introduction People of the State of Illinois v. Jeffrey D. Rissley, 206 Ill. 2d 403 (2003), represents a...

Illinois Supreme Court Strikes Down Most Sentencing Enhancements for Firearm Use under Public Act 91-404

Date: Jun 20, 2003

Illinois Supreme Court Strikes Down Most Sentencing Enhancements for Firearm Use under Public Act 91-404 Introduction In the landmark case of The People of the State of Illinois v. Salatheo Moss et...