Legal Opinion

Kerker v. Elbert

Appellate Court of Illinois

Decided May 20, 1994No. 4-93-0932PublishedCited by 15 opinions

1Opinion of the CourtJustice Green

Pursuant to Supreme Court Rule 308(a), we granted leave to appeal in this case after the trial court denied a defense motion to dismiss a count of a complaint and found that the ruling involved "a question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation.” (134 Ill. 2d R. 308(a).) The question of law involved was stated by the court to be:

"Whether the Illinois Structural Work Act, 740 ILCS 150/0.01 is preempted by the Federal Occupational Safety and Health Act,…

2Cases cited13 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  3. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  4. Jones v. Rath Packing Co.Supreme Court of the United States · 1977
  5. Maryland v. LouisianaSupreme Court of the United States · 1981

8 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. D.C. v. S.A.Illinois Supreme Court · 1997
  2. Sherman v. Kraft General Foods, Inc.Appellate Court of Illinois · 1995
  3. Billerbeck v. Caterpillar Tractor Co.Appellate Court of Illinois · 1997
  4. Dc v. SaIllinois Supreme Court · 1997
  5. Danner v. Norfolk & Western Railway Co.Appellate Court of Illinois · 1995

10 more not listed; retrieve them via the Exa API.

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