rest rule (Illinois) · Go Syfert
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rest rule in Illinois

22 Illinois opinions name it 2 courts 1902–2024 3 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
People v. Newberrygreen
ill · 1995 · cited in 2 Illinois opinions naming this issue, 2018–2018
2 sentences

2018In People v. Newberry , 166 Ill. 2d 310 , 315, 209 Ill.Dec. 748 , 652 N.E.2d 288 (1995), the Illinois Supreme Court arguably carved an exception to Youngblood for situations where the inadvertently lost or destroyed evidence would have been decisive to the outcome of the case.

2018In People v. Newberry , 166 Ill. 2d 310 , 315, 209 Ill.Dec. 748 , 652 N.E.2d 288 (1995), the Illinois Supreme Court arguably carved an exception to Youngblood for situations where the inadvertently lost or destroyed evidence would have been decisive to the outcome of the case.

12
Dubnick v. Firestone Tire & Rubber Co. of Californiagreen
nyed · 1973 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024See Dubnick v. Firestone Tire & Rubber Co. of California, 355 F.Supp. 138 (E.D.N.Y.1973) (post-employment letters may be relevant to charges of discriminatory conduct during the plaintiff’s employment).

11
Blount v. Stroudgreen
ill · 2009 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Blount v. Stroud, 232 Ill. 2d 302, 308 (2009) (stating that questions of law are reviewed de novo); Seymour v. Collins, 2015 IL 118432, ¶ 42 (stating that rulings on motions for summary judgment are reviewed de novo). ¶ 16 A. Applicability of the Common-Law Nonliability Rule ¶ 17 Because the resolution of whether we should adopt the federal corporate successor liability doctrine in cases where the underlying conduct violates the Act directs the rest of our analysis, we address it first.

11
Seymour v. Collinsgreen
ill · 2015 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Blount v. Stroud, 232 Ill. 2d 302, 308 (2009) (stating that questions of law are reviewed de novo); Seymour v. Collins, 2015 IL 118432, ¶ 42 (stating that rulings on motions for summary judgment are reviewed de novo). ¶ 16 A. Applicability of the Common-Law Nonliability Rule ¶ 17 Because the resolution of whether we should adopt the federal corporate successor liability doctrine in cases where the underlying conduct violates the Act directs the rest of our analysis, we address it first.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
Irwin v. McMillan green
illappct · 2001
2 sentences

2005"In determining the supreme court's intent, the reviewing court should first look to the language of the rule and consider each part of the rule in relation to the rest of the rule." Irwin , 322 Ill.

2005“In determining the supreme court’s intent, the reviewing court should first look to the language of the rule and consider each part of the rule in relation to the rest of the rule.” Irwin, 322 Ill.

32005–2009
People v. Gorman green
illappct · 1991
2 sentences

2015Accordingly, the requirement of evidence on this threshold issue - 26 - has been met, and we proceed with the rest of our analysis, beginning with a discussion of interrogations conducted in police stations." (Emphases added and in original.) Gorman, 207 Ill.

2015Accordingly, the requirement of evidence on this threshold issue has been met, and we proceed with the rest of our analysis, beginning with a discussion of interrogations conducted in police stations.” (Emphases added and in original.) Gorman, 207 Ill.

22015–2015
In Re Marriage of Sproat green
illappct · 2005
2 sentences

2006Sproat, 357 Ill.

2006Sproat, 357 Ill.App.3d at 881 , 294 Ill.Dec. 431 , 830 N.E.2d 843 .

22006–2006
Hill v. Joseph Behr and Sons, Inc. green
illappct · 1997
2 sentences

2001Hill, 293 Ill.

2001Hill , 293 Ill.

22001–2001
Burlington Northern & Santa Fe Railway Co. v. White green
scotus · 2006
1 sentence

2024Co. v. White, 548 U.S. 53 (2006)) (“[T]he Supreme Court expressly distinguished claims of substantive employment discrimination, such as the one here, from claims of retaliation, explaining that substantive discrimination claims are limited to actions that affect the employee’s terms and conditions of employment.”) ¶ 62 We agree with Mr. Woods, however, that if this evidence were believed, it could constitute evidence of racial animus that would support the rest of his claim.

12024–2024
People v. Dougherty green
illappct · 2009
1 sentence

2023Dougherty, 394 Ill.

12023–2023
City of Chicago v. City of Kankakee green
ill · 2019
1 sentence

2021App. 3d 105, 110 (1999). ¶ 24 Having found the third amended petition is still deficient, we turn to the rest of the factors laid out in City of Chicago, 2019 IL 122878, ¶ 20 .

12021–2021
John Wiley & Sons, Inc. v. Livingston green
scotus · 1964
1 sentence

2020In John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543 (1964), the United States Supreme Court invoked federal Labor Management Relations Act (Labor Act) ( 29 U.S.C. § 185 (1958)) principles to support its application of the corporate successor liability doctrine.

12020–2020
People v. Helt green
illappct · 2008
1 sentence

2018People v. Helt , 384 Ill.

12018–2018
People v. Perkins green
ill · 2008
1 sentence

2009Perkins, 229 Ill. 2d at 41 ; Irwin v. McMillan, 322 Ill.

12009–2009
People v. Boand green
illappct · 2005
2 sentences

2008Indeed, People v. Boand, 362 Ill.App.3d 106, 116 , 297 Ill.Dec. 880 , 838 N.E.2d 367 (2005), expressly recognizes that efficiency may weigh in favor of severance, articulating this factor as "whether the severance will promote judicial efficiency." In my view, the rest of the factors primarily concern prejudice to the defendant, although judicial efficiency is a factor underlying some of them as well.

2008Indeed, People v. Boand, 362 Ill.App.3d 106, 116 , 297 Ill.Dec. 880 , 838 N.E.2d 367 (2005), expressly recognizes that efficiency may weigh in favor of severance, articulating this factor as "whether the severance will promote judicial efficiency." In my view, the rest of the factors primarily concern prejudice to the defendant, although judicial efficiency is a factor underlying some of them as well.

12008–2008
Chief Judge of the Circuit Court v. American Federation of State, County & Municipal Employees, Council 31, AFL-CIO green
ill · 1992
2 sentences

1992The majority notes that a single indicium (of 11 possible indicia) of supervisory authority accompanied by independent judgment is enough to establish supervisory status. ( 153 Ill.2d at 516 , ___ Ill.Dec. at ___, 607 N.E.2d at 186 .) I find two such indicia established by the record for the nine employees at adult probation (the probation people); the record indicates that independent judgment is used both in directing and disciplining subordinates.

1992The majority notes that a single indicium (of 11 possible indicia) of supervisory authority accompanied by independent judgment is enough to establish supervisory status. ( 153 Ill.2d at 516 , ___ Ill.Dec. at ___, 607 N.E.2d at 186 .) I find two such indicia established by the record for the nine employees at adult probation (the probation people); the record indicates that independent judgment is used both in directing and disciplining subordinates.

11992–1992
People v. Battaglia green
ill · 1917
1 sentence

1927(People v. Battaglia, 282 Ill. 91 .) The rest of the instruction, it is argued, was likely to mislead the jurors to believe that they were to decide whether there was reasonable cause for the apprehension stated.

11927–1927
West Chicago Street Railroad v. McNulty neutral
washctapp · 1897
1 sentence

1922This court said with reference to a similar criticism of an instruction in West Chicago Street Railroad Co. v. McNulty, 166 Ill. 203 , on page 205 : “The obvious and unmistakable meaning of the instruction is, that all the care required of the plaintiff was ordinary care, which is such a degree of care as ordinarily careful persons would exercise under similar circumstances.” The same may be said with reference to the criticism here of instruction 9.

11922–1922
Metropolitan West Side Elevated Railway Co. v. Stickney neutral
ill · 1894
2 sentences

1915(Metropolitan West Side Elevated Railway Co. v. Stickney, 150 Ill. 362 ; Metropolitan West Side Elevated Railroad Co. v. White, 166 id. 375 ; Davis v. Northwestern Elevated Railroad Co. 170 id. 595; Fahnestock v. City of Peoria, 171 id. 454; City of Chicago v. Lonergan, 196 id. 518; Peoria, Bloomington and Champaign Traction Co. v. Vance, 225 id. 270 ; Eldorado, Marion and Southwestern Railroad Co. v. Everett, 225 id. 529 ; Brand v. Union Elevated Railroad Co. 258 id. 133.) The jury might understand, in reading the clause inserted by the court in connection" with the rest of the instruction, t

1915(Metropolitan West Side Elevated Railway Co. v. Stickney, 150 Ill. 362 ; Metropolitan West Side Elevated Railroad Co. v. White, 166 id. 375 ; Davis v. Northwestern Elevated Railroad Co. 170 id. 595; Fahnestock v. City of Peoria, 171 id. 454; City of Chicago v. Lonergan, 196 id. 518; Peoria, Bloomington and Champaign Traction Co. v. Vance, 225 id. 270 ; Eldorado, Marion and Southwestern Railroad Co. v. Everett, 225 id. 529 ; Brand v. Union Elevated Railroad Co. 258 id. 133.) The jury might understand, in reading the clause inserted by the court in connection" with the rest of the instruction, t

11915–1915
Chicago & Alton Railroad v. Fisher neutral
· 1892
2 sentences

1902In the first sentence of the instruction the jury are told “that, when the court speaks of the preponderance of the evidence in these instructions, such preponderance may not be entirely determined by the number of witnesses, testifying to a particular fact or facts.” The rest of the instruction authorized the jury, in determining upon which side the preponderance of the evidence is, to take into consideration various circumstances, such as the opportunities of the several witnesses for seeing and knowing the things about which they testified; their conduct and demeanor while testifying; their

1902In Chicago and Alton Railroad Co. v. Fisher, supra, instruction numbered 8 was as follows: “That the preponderance of evidence may not depend entirely upon the number of witnesses testifying on either side of the case;” and it was there said (p. 626): “It is urged that this is practically telling the jury that the” greater number of witnesses is no better than the less number.

11902–1902

Statutes the citing opinions construe

IL § 720 ILCS 550/4 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 22 (1902–2024) TX 18 (1980–2026) CA 15 (1958–2025) NM 15 (2006–2023) WA 10 (1997–2024) AZ 6 (1969–2024) PA 6 (1891–2023) NY 6 (1934–2013) WI 6 (2003–2023) IN 5 (1915–2012) NC 5 (2020–2025) CO 5 (1994–2026) MS 4 (2002–2014) OH 4 (2017–2024) NJ 3 (1882–2020) OR 3 (1983–2007) DE 3 (2004–2021) UT 3 (2014–2020) MI 2 (1998–2025) LA 2 (1982–1994) SC 2 (1923–2015) MA 2 (1996–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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