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  • Commentaries
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Illinois Case Commentaries

Reaffirmation of the 'Open and Obvious' Doctrine: Illinois Supreme Court in SOLLAMI v. EATON

Reaffirmation of the 'Open and Obvious' Doctrine: Illinois Supreme Court in SOLLAMI v. EATON

Date: Jun 7, 2002
Reaffirmation of the 'Open and Obvious' Doctrine: Illinois Supreme Court in SOLLAMI v. EATON Introduction The case of Kathleen M. Sollami et al., Appellees, v. Lawrence Eaton et al., Appellants (201...
Schultz v. Northeast Illinois Regional Commuter Railroad: Clarifying FELA's Applicability of Contributory Negligence and OSHA Standards

Schultz v. Northeast Illinois Regional Commuter Railroad: Clarifying FELA's Applicability of Contributory Negligence and OSHA Standards

Date: Jun 7, 2002
Schultz v. Northeast Illinois Regional Commuter Railroad: Clarifying FELA's Applicability of Contributory Negligence and OSHA Standards Introduction In the landmark case Vernon Schultz v. Northeast...
Application of Cause-and-Prejudice Test in Successive Post-Conviction Petitions: Pitsonbarger v. People of the State of Illinois

Application of Cause-and-Prejudice Test in Successive Post-Conviction Petitions: Pitsonbarger v. People of the State of Illinois

Date: May 24, 2002
Application of Cause-and-Prejudice Test in Successive Post-Conviction Petitions: Pitsonbarger v. People of the State of Illinois Introduction Pitsonbarger v. People of the State of Illinois is a...
Res Judicata Exception for Consumer Leasing Act Claims in Post-Settlement Litigation

Res Judicata Exception for Consumer Leasing Act Claims in Post-Settlement Litigation

Date: May 24, 2002
Res Judicata Exception for Consumer Leasing Act Claims in Post-Settlement Litigation Introduction The case of Emma J. Robinson et al. v. Toyota Motor Credit Corporation et al. delves into the...
Illinois Supreme Court Establishes New Standard for Damages Related to Increased Risk of Future Injury in Medical Malpractice Cases

Illinois Supreme Court Establishes New Standard for Damages Related to Increased Risk of Future Injury in Medical Malpractice Cases

Date: May 24, 2002
Illinois Supreme Court Establishes New Standard for Damages Related to Increased Risk of Future Injury in Medical Malpractice Cases Introduction In the landmark case of DIANE DILLON v. EVANSTON...
Waiver of Apprendi Rights Through Guilty Plea: Hill v. Cowan and Its Implications

Waiver of Apprendi Rights Through Guilty Plea: Hill v. Cowan and Its Implications

Date: Apr 19, 2002
Waiver of Apprendi Rights Through Guilty Plea: Hill v. Cowan and Its Implications Introduction Hill v. Cowan, 202 Ill. 2d 151 (2002), is a seminal case decided by the Supreme Court of Illinois that...
Enhancing Post-Conviction Rights: Johnson v. The People of Illinois

Enhancing Post-Conviction Rights: Johnson v. The People of Illinois

Date: Apr 19, 2002
Enhancing Post-Conviction Rights: Johnson v. The People of Illinois (205 Ill. 2d 381) Introduction Johnson v. The People of Illinois is a landmark decision by the Supreme Court of Illinois that...
Admission of Hearsay under Statement-Against-Penal-Interest Exception: Reversing a Death Sentence

Admission of Hearsay under Statement-Against-Penal-Interest Exception: Reversing a Death Sentence

Date: Apr 19, 2002
Admission of Hearsay under Statement-Against-Penal-Interest Exception: Reversing a Death Sentence Introduction In the landmark case of The People of the State of Illinois v. Edward Tenney, 205 Ill....
Kizzy Jackson v. The People of Illinois: Affirmation of Sentencing Waiver under Apprendi

Kizzy Jackson v. The People of Illinois: Affirmation of Sentencing Waiver under Apprendi

Date: Apr 19, 2002
Kizzy Jackson v. The People of Illinois: Affirmation of Sentencing Waiver under Apprendi Introduction The Supreme Court of Illinois addressed a critical issue in The People of the State of Illinois...
Reinforcing Probable Cause Standards for Searches Incident to Lawful Arrest: PEOPLE v. LOVE

Reinforcing Probable Cause Standards for Searches Incident to Lawful Arrest: PEOPLE v. LOVE

Date: Apr 19, 2002
Reinforcing Probable Cause Standards for Searches Incident to Lawful Arrest: PEOPLE v. LOVE Introduction The case of The People of the State of Illinois v. Marilyn Love, decided by the Supreme Court...
Affirming Duty to Warn: Redefining Pharmaceutical Responsibility Beyond the Learned Intermediary Doctrine

Affirming Duty to Warn: Redefining Pharmaceutical Responsibility Beyond the Learned Intermediary Doctrine

Date: Mar 22, 2002
Affirming Duty to Warn: Redefining Pharmaceutical Responsibility Beyond the Learned Intermediary Doctrine Introduction The case of Heidi Happel et al. v. Wal-Mart Stores, Inc. (200 Ill. 2d 179)...
Clarifying the Scope of 'Failure to Protect' Under Illinois' Adoption Act: In re C.W. et al.

Clarifying the Scope of 'Failure to Protect' Under Illinois' Adoption Act: In re C.W. et al.

Date: Mar 22, 2002
Clarifying the Scope of 'Failure to Protect' Under Illinois' Adoption Act: In re C.W. et al. 1. Introduction The case In re C.W. et al., Minors addresses the critical issue of parental unfitness...
Strict Affidavit Requirements for Post-Conviction Petitions: PEOPLE v. COLLINS

Strict Affidavit Requirements for Post-Conviction Petitions: PEOPLE v. COLLINS

Date: Mar 16, 2002
Strict Affidavit Requirements for Post-Conviction Petitions: PEOPLE v. COLLINS Introduction Case: The People of the State of Illinois, Appellant, v. London Collins, Appellee. (202 Ill. 2d 59) Court:...
Affirmation and Remand in Belleville Toyota v. Toyota Motor Sales Establishes Clarification on Statutory Limitations

Affirmation and Remand in Belleville Toyota v. Toyota Motor Sales Establishes Clarification on Statutory Limitations

Date: Mar 16, 2002
Affirmation and Remand in Belleville Toyota v. Toyota Motor Sales Establishes Clarification on Statutory Limitations Introduction Belleville Toyota, Inc. v. Toyota Motor Sales, U.S.A., Inc., et al.,...
Fuller v. Illinois: Establishing Standards for Jury Instructions in Death Penalty Eligibility

Fuller v. Illinois: Establishing Standards for Jury Instructions in Death Penalty Eligibility

Date: Feb 23, 2002
Fuller v. Illinois: Establishing Standards for Jury Instructions in Death Penalty Eligibility Introduction Fuller v. Illinois (205 Ill. 2d 308, 2002) is a landmark decision by the Supreme Court of...
Affirmation of Extrapolation as a Generally Accepted Method under Frye Standard in Toxic Tort Cases

Affirmation of Extrapolation as a Generally Accepted Method under Frye Standard in Toxic Tort Cases

Date: Feb 23, 2002
Affirmation of Extrapolation as a Generally Accepted Method under Frye Standard in Toxic Tort Cases Introduction The case of Zachary Donaldson et al. v. Central Illinois Public Service Company et al....
Reaffirming Plaintiff's Forum Choice in Intrastate Forum Non Conveniens: Insights from First National Bank v. Guerine

Reaffirming Plaintiff's Forum Choice in Intrastate Forum Non Conveniens: Insights from First National Bank v. Guerine

Date: Jan 26, 2002
Reaffirming Plaintiff's Forum Choice in Intrastate Forum Non Conveniens: Insights from First National Bank v. Guerine Introduction In First National Bank et al. v. Richard Guerine et al., 198 Ill. 2d...
Extension of Statute of Repose Exceptions in Attorney Malpractice: Petersen v. Wallach

Extension of Statute of Repose Exceptions in Attorney Malpractice: Petersen v. Wallach

Date: Jan 26, 2002
Extension of Statute of Repose Exceptions in Attorney Malpractice: Petersen v. Wallach Introduction Leslee C. Petersen v. Stanley J. Wallach is a landmark decision by the Supreme Court of Illinois,...
Pellet/BB Guns Excluded as Dangerous Weapons under Illinois Armed Violence Statute

Pellet/BB Guns Excluded as Dangerous Weapons under Illinois Armed Violence Statute

Date: Jan 26, 2002
Pellet/BB Guns Excluded as Dangerous Weapons under Illinois Armed Violence Statute Introduction In the landmark case The People of the State of Illinois v. Joshua T. Davis (199 Ill. 2d 130, 2002),...
Special Interrogatories Control Over General Verdicts: Garces v. Simmons Analysis

Special Interrogatories Control Over General Verdicts: Garces v. Simmons Analysis

Date: Jan 26, 2002
Special Interrogatories Control Over General Verdicts: Garces v. Simmons Analysis Introduction The case of Jennifer Simmons et al. v. Rolando M. Garces, M.D. (198 Ill. 2d 541) presents a pivotal...
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