Illinois Case Commentaries

Strict Compliance with Rule 191(a) Affirmed in Summary Judgment: Shirley Robidoux v. Oliphant et al.

Date: Jun 21, 2002

Strict Compliance with Rule 191(a) Affirmed in Summary Judgment: Shirley Robidoux v. Oliphant et al. Introduction The case of Shirley Robidoux, Individually and as Executrix of the Estate of Harvey...

Establishing Enhanced Standards for Effective Counsel in Capital Proceedings: A Comprehensive Analysis of PEOPLE v. HARRIS

Date: Jun 21, 2002

Establishing Enhanced Standards for Effective Counsel in Capital Proceedings: A Comprehensive Analysis of PEOPLE v. HARRIS Introduction In the landmark case of The People of the State of Illinois v....

Peeples v. People: Affirmation of Post-Conviction Dismissal Under Strickland Standards

Date: Jun 21, 2002

Peeples v. People: Affirmation of Post-Conviction Dismissal Under Strickland Standards Introduction Case: The People of the State of Illinois v. William Peeples, 205 Ill. 2d 480 (2002) Court: Supreme...

Redefining Employment Classification: Insights from Carpetland U.S.A., Inc. v. Illinois Department of Employment Security

Date: Jun 21, 2002

Redefining Employment Classification: Insights from Carpetland U.S.A., Inc. v. The Illinois Department of Employment Security Introduction Carpetland U.S.A., Inc. v. The Illinois Department of...

Requirement of Personal Deception for Proximate Causation in Illinois Consumer Fraud Claims

Date: Jun 21, 2002

Requirement of Personal Deception for Proximate Causation in Illinois Consumer Fraud Claims Introduction In the landmark case of Mark OLIVEIRA v. AMOCO OIL COMPANY, 201 Ill. 2d 134 (2002), the...

Clarifying the Evidentiary Time Frame for Habitual Drunkenness in Parental Unfitness Proceedings

Date: Jun 21, 2002

Clarifying the Evidentiary Time Frame for Habitual Drunkenness in Parental Unfitness Proceedings Introduction The case In re J.J. et al., Minors. The People of the State of Illinois, Appellant, v....

Affirmation of Separate Aggravated Kidnapping Conviction in People v. Quintana et al.

Date: Jun 20, 2002

Affirmation of Separate Aggravated Kidnapping Conviction in People v. Quintana et al. Introduction In the landmark case of THE PEOPLE OF THE STATE OF ILLINOIS v. Carmelo Quintana et al., adjudicated...

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

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

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

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

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

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

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

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

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

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

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.

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

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:...