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  • Commentaries
  • Judgments

Illinois Case Commentaries

Illinois Overtime Under the Minimum Wage Law Does Not Incorporate the Portal-to-Portal Act’s Preliminary/Postliminary Exclusion

Illinois Overtime Under the Minimum Wage Law Does Not Incorporate the Portal-to-Portal Act’s Preliminary/Postliminary Exclusion

Date: Mar 21, 2026
Illinois Overtime Under the Minimum Wage Law Does Not Incorporate the Portal-to-Portal Act’s Preliminary/Postliminary Exclusion 1. Introduction Johnson v. Amazon.com Services, LLC, 2026 IL 132016...
People v. McCoy (2026 IL 131565): Third-Stage Actual Innocence Review—Sequential Discussion May Still Reflect Collective Consideration, with Strong Deference to Credibility Findings

People v. McCoy (2026 IL 131565): Third-Stage Actual Innocence Review—Sequential Discussion May Still Reflect Collective Consideration, with Strong Deference to Credibility Findings

Date: Mar 21, 2026
People v. McCoy (2026 IL 131565): Third-Stage Actual Innocence Review—Sequential Discussion May Still Reflect Collective Consideration, with Strong Deference to Credibility Findings 1. Introduction...
“Procure” in Solicitation of Murder for Hire Embraces Unilateral Agreements (No Shared Intent Required)

“Procure” in Solicitation of Murder for Hire Embraces Unilateral Agreements (No Shared Intent Required)

Date: Mar 21, 2026
“Procure” in Solicitation of Murder for Hire Embraces Unilateral Agreements (No Shared Intent Required) 1. Introduction In People v. Shepherd, 2026 IL 131240, the Supreme Court of Illinois resolved a...
People v. Johnson (2026 IL 131337): Sufficiency Review Must Apply Jackson—Not Biggers—and Must Not Rely on Extra-Record Science or Split Verdicts

People v. Johnson (2026 IL 131337): Sufficiency Review Must Apply Jackson—Not Biggers—and Must Not Rely on Extra-Record Science or Split Verdicts

Date: Mar 21, 2026
New Rule in People v. Johnson: Appellate Sufficiency Review Must Apply Jackson, Not the Biggers Admissibility Test—And Must Not Undermine Verdicts Using Extra-Record Eyewitness Science or...
People v. Heintz (2026 IL 131340): Rule 405(b)(2) Requires Pre-Offense “Prior” Violent Acts; Acquittal Context Must Be Balanced When Domestic-Violence Propensity Evidence Is Admitted

People v. Heintz (2026 IL 131340): Rule 405(b)(2) Requires Pre-Offense “Prior” Violent Acts; Acquittal Context Must Be Balanced When Domestic-Violence Propensity Evidence Is Admitted

Date: Jan 31, 2026
Temporal Limitation on Victim-Character Evidence Under Illinois Rule of Evidence 405(b)(2), and Fairness-Based Admission of Acquittal Evidence When Domestic-Violence Propensity Evidence Is Used...
People v. Brown (2026 IL 130930) Commentary

People v. Brown (2026 IL 130930) Commentary

Date: Jan 31, 2026
Prospective-Only Operation of the 2021 Habitual Criminal Age-21 Requirement (and Limits on “Clarification”) Case: People v. Brown, 2026 IL 130930 (Ill. Jan. 28, 2026) Court: Supreme Court of Illinois...
Permitted Emissions Are Irrelevant to CGL Pollution Exclusions (Overruling Imperial Marble and Bible Pork)

Permitted Emissions Are Irrelevant to CGL Pollution Exclusions (Overruling Imperial Marble and Bible Pork)

Date: Jan 27, 2026
Permitted Emissions Are Irrelevant to CGL Pollution Exclusions (Overruling Imperial Marble and Bible Pork) I. Introduction In Griffith Foods International Inc. v. National Union Fire Insurance...
People v. Chambliss (2026 IL 130585) Commentary

People v. Chambliss (2026 IL 130585) Commentary

Date: Jan 27, 2026
Post-Conviction Review of Missing Preliminary Hearings: No Second-Prong Plain Error Where the Defendant Forfeits and the Trial Remains Fair Introduction People v. Chambliss, 2026 IL 130585, presented...
People v. Vesey: Self-Defense Instruction Against Police Requires “Some Evidence” of All Jeffries Elements—Excessive Force Is Factored Into (Not a Substitute for) the Unlawful-Force Element

People v. Vesey: Self-Defense Instruction Against Police Requires “Some Evidence” of All Jeffries Elements—Excessive Force Is Factored Into (Not a Substitute for) the Unlawful-Force Element

Date: Jan 27, 2026
People v. Vesey: Self-Defense Instruction Against Police Requires “Some Evidence” of All Jeffries Elements—Excessive Force Is Factored Into (Not a Substitute for) the Unlawful-Force Element Court:...
Schilling v. Quincy Physicians: A Juror “Surrender Note” Does Not Mandate Mistrial; Prim Instruction and Standard Polling Suffice Absent Dissent or Ambiguity

Schilling v. Quincy Physicians: A Juror “Surrender Note” Does Not Mandate Mistrial; Prim Instruction and Standard Polling Suffice Absent Dissent or Ambiguity

Date: Jan 27, 2026
Schilling v. Quincy Physicians: A Juror “Surrender Note” Does Not Mandate Mistrial; Prim Instruction and Standard Polling Suffice Absent Dissent or Ambiguity 1. Introduction In Schilling v. Quincy...
“Capable of Financing” Under § 8-406.1(f)(3) Is Forward-Looking: No Present-Funding Condition Precedent for CPCNs

“Capable of Financing” Under § 8-406.1(f)(3) Is Forward-Looking: No Present-Funding Condition Precedent for CPCNs

Date: Jan 27, 2026
“Capable of Financing” Under § 8-406.1(f)(3) Is Forward-Looking: No Present-Funding Condition Precedent for CPCNs Case: Concerned Citizens & Property Owners v. Illinois Commerce Comm'n, 2026 IL...
People v. Dobbins: Certificate of Innocence Petitions Abate at Death Because a COI Is Not an “Action to Recover Damages” Under the Survival Act

People v. Dobbins: Certificate of Innocence Petitions Abate at Death Because a COI Is Not an “Action to Recover Damages” Under the Survival Act

Date: Jan 27, 2026
People v. Dobbins: Certificate of Innocence Petitions Abate at Death Because a COI Is Not an “Action to Recover Damages” Under the Survival Act Introduction People v. Dobbins (2026 IL 131187)...
Pretrial Jail Sanctions, Finality, and County Jail Good-Behavior Credit: Commentary on People v. Seymore

Pretrial Jail Sanctions, Finality, and County Jail Good-Behavior Credit: Commentary on People v. Seymore

Date: Dec 6, 2025
Pretrial Jail Sanctions, Finality, and County Jail Good-Behavior Credit: Commentary on People v. Seymore, 2025 IL 131564 I. Introduction The Illinois Supreme Court’s decision in People v. Seymore,...
Concrete Injury as a Prerequisite for Federal Statutory Claims in Illinois Courts: Standing and FACTA After Fausett v. Walgreen Co.

Concrete Injury as a Prerequisite for Federal Statutory Claims in Illinois Courts: Standing and FACTA After Fausett v. Walgreen Co.

Date: Nov 22, 2025
Concrete Injury as a Prerequisite for Federal Statutory Claims in Illinois Courts: Standing and FACTA After Fausett v. Walgreen Co. I. Introduction The Supreme Court of Illinois’ decision in Fausett...
Haase v. Kankakee School District 111: Reaffirming Broad Immunity for Negligent School Supervision Under Section 3‑108 of the Tort Immunity Act

Haase v. Kankakee School District 111: Reaffirming Broad Immunity for Negligent School Supervision Under Section 3‑108 of the Tort Immunity Act

Date: Nov 22, 2025
Haase v. Kankakee School District 111: Reaffirming Broad Immunity for Negligent School Supervision Under Section 3‑108 of the Tort Immunity Act I. Introduction In Haase v. Kankakee School District...
Board-Appointed Physicians Do Not Control Disability Determinations Under Section 5‑156: Commentary on Moreland v. Retirement Board of the Policemen’s Annuity and Benefit Fund of Chicago

Board-Appointed Physicians Do Not Control Disability Determinations Under Section 5‑156: Commentary on Moreland v. Retirement Board of the Policemen’s Annuity and Benefit Fund of Chicago

Date: Nov 22, 2025
Board-Appointed Physicians Do Not Control Disability Determinations Under Section 5‑156: Commentary on Moreland v. Retirement Board of the Policemen’s Annuity and Benefit Fund of the City of Chicago,...
People v. Butler: Availability for Cross‑Examination, Not In‑Court Accusation, Satisfies §115‑10 and the Confrontation Clause

People v. Butler: Availability for Cross‑Examination, Not In‑Court Accusation, Satisfies §115‑10 and the Confrontation Clause

Date: Nov 22, 2025
People v. Butler: Availability for Cross‑Examination, Not In‑Court Accusation, Satisfies §115‑10 and the Confrontation Clause I. Introduction In People v. Butler, 2025 IL 130988 (Ill. Nov. 20, 2025),...
People v. Hietschold: Substantial Compliance with Section 113‑4(e) Where the Court Warns Only of Trial in Absentia

People v. Hietschold: Substantial Compliance with Section 113‑4(e) Where the Court Warns Only of Trial in Absentia

Date: Nov 22, 2025
People v. Hietschold: Substantial Compliance with Section 113‑4(e) Where the Court Warns Only of Trial in Absentia I. Introduction In People v. Hietschold, 2025 IL 130716 (Ill. Nov. 20, 2025), the...
People v. Williams: Definitional vs. Mandatory Jury Instructions and the Partial Overruling of Warrington

People v. Williams: Definitional vs. Mandatory Jury Instructions and the Partial Overruling of Warrington

Date: Nov 22, 2025
People v. Williams: Definitional vs. Mandatory Jury Instructions and the Partial Overruling of People v. Warrington I. Introduction In People v. Williams, 2025 IL 130779 (Ill. Nov. 20, 2025), the...
Fee-Shifting in Police Disability Benefit Termination Cases: Commentary on Rainey v. Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago

Fee-Shifting in Police Disability Benefit Termination Cases: Commentary on Rainey v. Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago

Date: Nov 22, 2025
Fee-Shifting in Police Disability Benefit Termination Cases: Commentary on Rainey v. Retirement Board of the Policemen's Annuity and Benefit Fund of the City of Chicago I. Introduction The Illinois...
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