Illinois Case Commentaries

The Loss of Chance Doctrine and Its Implications: Analysis of HOLTON v. MEMORIAL HOSPITAL

Date: Apr 18, 1997

The Loss of Chance Doctrine and Its Implications: Analysis of HOLTON v. MEMORIAL HOSPITAL Introduction Holton et al. v. Memorial Hospital (176 Ill. 2d 95) is a landmark case decided by the Supreme...

Economic Loss Doctrine Affirmed Against Engineers in Fireman's Fund Insurance Co. v. SEC Donohue, Inc.

Date: Apr 18, 1997

Economic Loss Doctrine Affirmed Against Engineers in Fireman's Fund Insurance Co. v. SEC Donohue, Inc. Introduction The case of Fireman's Fund Insurance Company, as Subrogee of Neptune Construction...

PEOPLE v. SMITH: Affirming Standards for Jury Waiver and Effective Counsel in Death Penalty Sentencing

Date: Mar 21, 1997

PEOPLE v. SMITH: Affirming Standards for Jury Waiver and Effective Counsel in Death Penalty Sentencing Introduction People of the State of Illinois v. David Smith is a pivotal case adjudicated by the...

Discretionary Immunity and Economic Loss: Insights from In re Chicago Flood Litigation (176 Ill.2d 179)

Date: Feb 21, 1997

Discretionary Immunity and Economic Loss: Insights from In re Chicago Flood Litigation (176 Ill.2d 179) Introduction The In re Chicago Flood Litigation case, adjudicated by the Supreme Court of...

Supreme Court of Illinois Affirms Right to Per Diem Credit on Appeal under Section 110-14

Date: Feb 21, 1997

Supreme Court of Illinois Affirms Right to Per Diem Credit on Appeal under Section 110-14 Introduction In the landmark case The People of the State of Illinois v. Robert Louis Woodard, 175 Ill. 2d...

PEOPLE v. PECORARO: Upholding Brady Obligations and Strickland Standards in Post-Conviction Proceedings

Date: Feb 7, 1997

PEOPLE v. PECORARO: Upholding Brady Obligations and Strickland Standards in Post-Conviction Proceedings Introduction In PEOPLE v. PECORARO, 175 Ill.2d 294 (1997), the Supreme Court of Illinois...

Clarifying Indemnity Provisions and Damages Assessment: Illinois Supreme Court in Richardson v. Chapman

Date: Jan 31, 1997

Clarifying Indemnity Provisions and Damages Assessment: Illinois Supreme Court in Richardson v. Chapman Introduction The case of Keva Richardson et al. v. Jeffrey Chapman et al. (175 Ill. 2d 98)...

Ineffective Assistance of Counsel Claims Dismissed: Supreme Court of Illinois Affirms Death Sentence in PEOPLE v. TENNER

Date: Jan 31, 1997

Ineffective Assistance of Counsel Claims Dismissed: Supreme Court of Illinois Affirms Death Sentence in PEOPLE v. TENNER Introduction In the landmark case of The People of the State of Illinois v....

LUCAS v. LAKIN: Clarifying Requirements for Petition Circulators in Illinois Election Law

Date: Jan 31, 1997

LUCAS v. LAKIN: Clarifying Requirements for Petition Circulators in Illinois Election Law Introduction In RONALD "RINK" LUCAS v. L. THOMAS LAKIN et al., 175 Ill. 2d 166 (1997), the Supreme Court of...

Affirmative Defense in Attempted Aggravated Criminal Sexual Abuse: PEOPLE v. JONES

Date: Jan 31, 1997

Affirmative Defense in Attempted Aggravated Criminal Sexual Abuse: PEOPLE v. JONES Introduction PEOPLE v. JONES (175 Ill. 2d 126), adjudicated by the Supreme Court of Illinois on January 30, 1997,...

Affirmation of Warrantless Search Justified Under Exigent Circumstances in People v. McNeal

Date: Jan 31, 1997

Affirmation of Warrantless Search Justified Under Exigent Circumstances in People v. McNeal Introduction People of the State of Illinois v. Aldwin McNeal, 175 Ill. 2d 335 (1997), is a landmark case...

Limitation on Refilling Claims under Section 13-217: Insights from TIMBERLAKE v. ILLINI HOSPITAL

Date: Jan 31, 1997

Limitation on Refilling Claims under Section 13-217: Insights from TIMBERLAKE v. ILLINI HOSPITAL Introduction The case of Barbara TIMBERLAKE v. ILLINI HOSPITAL (175 Ill. 2d 159) adjudicated by the...

Supreme Court Upholds Independent Determination of Frivolous Post-Conviction Petitions Without State Input

Date: Dec 20, 1996

Supreme Court Upholds Independent Determination of Frivolous Post-Conviction Petitions Without State Input Introduction The People of the State of Illinois v. Kathy Gaultney, 174 Ill.2d 410 (1996),...

Invalidation of Municipal Indemnity Ordinances for Criminal Misconduct: Danville v. Wright et al.

Date: Dec 20, 1996

Invalidation of Municipal Indemnity Ordinances for Criminal Misconduct: Danville v. Wright et al. Introduction The case of Wendell Wright et al. v. The City of Danville (174 Ill. 2d 391) is a...

Clarification of "Psychotropic Medications" and Affirmation of Death Penalty in PEOPLE v. KIDD

Date: Dec 20, 1996

Clarification of "Psychotropic Medications" and Affirmation of Death Penalty in PEOPLE v. KIDD Introduction PEOPLE v. KIDD, 175 Ill.2d 1 (1996), is a seminal case adjudicated by the Supreme Court of...

Disproportionate Penalties for Armed Violence in Illinois Violates Proportionate Penalties Clause

Date: Dec 20, 1996

Disproportionate Penalties for Armed Violence in Illinois Violate Proportionate Penalties Clause Introduction The Supreme Court of Illinois, in The People of the State of Illinois v. Kelvin Lewis...

Professional Standard of Care Established Under the Blood Shield Act

Date: Dec 20, 1996

Professional Standard of Care Established Under the Blood Shield Act Introduction MARIETTA ADVINCULA, Appellee, v. UNITED BLOOD SERVICES, Appellant (176 Ill. 2d 1) is a landmark judgment by the...

Waiver of Jury Rights in Fitness Hearings: Insights from The People v. Jonathan Haynes

Date: Oct 25, 1996

Waiver of Jury Rights in Fitness Hearings: Insights from The People v. Jonathan Haynes Introduction In The People of the State of Illinois v. Jonathan Haynes, 174 Ill. 2d 204 (1996), the Supreme...

Reversing Dismissals in Defamation and False Light Claims: Insights from Kimberly Bryson v. News America Publications

Date: Oct 25, 1996

Reversing Dismissals in Defamation and False Light Claims: Insights from Kimberly Bryson v. News America Publications Introduction Kimberly Bryson v. News America Publications, Inc., et al., 174 Ill....

Enforcement of Policy Limitations on Fraud Actions: Insights from CRAMER v. INSURANCE EXCHANGE AGENCY

Date: Oct 25, 1996

Enforcement of Policy Limitations on Fraud Actions: Insights from CRAMER v. INSURANCE EXCHANGE AGENCY Introduction Steven CRAMER v. INSURANCE EXCHANGE AGENCY et al. is a landmark decision by the...