327 Ill. App. 3d 411 - Wallace v. Smyth’s Empirical Analysis
2001
Citation profile
3 state decisions
Relationships
Relies on 156 Ill. 2d 76 - Cates v. Cates · 192 Ill. 2d 233 - Nichol v. Stass · 288 Ill. App. 3d 510 - Commerce Bank v. Augsburger · 191 Ill. 2d 545 - People v. Harden · 301 Ill. App. 3d 75 - Wallace v. Smyth
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The similarities between foster parents and defendants are obvious. The wards that foster parents and facilities such as Maryville provide care for are both under the ultimate legal and financial control of DCFS. Further, both foster parents and Maryville assume physical custody of the minors in their care. They both provide day-to-day housing, care, medical attention, supervision, and discipline to those in their care pursuant to extensive DCFS regulations. Those are exactly the types of duties and responsibilities found in Cates and Nichol to be inherent to the parent-child relationship. * * * Both Cates and Nichol make clear that what matters most for purposes of extending immunity is whether the party to whom it is being extended exercises a substantial amount of parental discretion in discipline, supervision, and care of minors. * * * [W]e cannot say that there is meaningful difference between foster parents and residential child care institutions such as Maryville so as to preclude the limited form of parental immunity discussed in Cates and Nichol from applying to such institutions and those who work there." 327 Ill.App.3d 411, 419-20 , 260 Ill.Dec. 817 , 762 N.E.2d 83 .”
1 later decision quote this exact passage · from the dissent“"The opinion in Nichol [citation] is a narrow one. * * * Nichol extends a limited form of parental immunity to foster parents. The role of a natural parent and a foster parent in the life of a child is so often similar our supreme court concluded that it would be anomalous to reject a limited form of personal immunity for foster parents. The immunity shields one person in his or her relationship with one child. To now broaden limited immunity to include a corporation, however dedicated, however essential its work, strikes me as a public policy decision for the legislature." 327 Ill.App.3d at 422 , 260 Ill.Dec. 817 , 762 N.E.2d 83 (Cahill, J., dissenting).”
1 later decision quote this exact passage · from the dissent
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.