Ward challenge (Illinois) · Go Syfert
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Ward challenge in Illinois

22 Illinois opinions name it 2 courts 1955–2025 4 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 (6)

CaseFollowedCited
Warga v. Wargagreen
illappct · 2016 · cited in 2 Illinois opinions naming this issue, 2018–2019
2 sentences

2019App. 3d 867, 877 (2008); see also Warga v. Warga, 2015 IL App (1st) 151182, ¶ 20 ; cf. In re Guardianship of Huseman, 358 Ill.

2018App. 3d 867 , 877, 327 Ill.Dec. 213 , 901 N.E.2d 946 (2008) ; see also Warga v. Warga , 2015 IL App (1st) 151182 , ¶ 20, 399 Ill.Dec. 230 , 46 N.E.3d 268 ; cf. In re Guardianship of Huseman , 358 Ill.

22
Struck v. Cook County Public Guardiangreen
illappct · 2008 · cited in 6 Illinois opinions naming this issue, 2018–2023
2 sentences

2023The First District specifically found, “Article 11a does not contain any provision providing that relatives can request visitation with the ward or challenge the guardian’s individual decisions regarding visitation or other matters concerning the ward. 755 ILCS 5/11a- 1 through 11a-22 (West 2006).” (Emphasis added.) Id. at 877 .

2019In determining the ward’s best interests, the guardian shall weigh the reason for and nature of the proposed action, the benefit or necessity of the action, the possible risks and other consequences of the proposed action, and any available alternatives and their risks, consequences and benefits, and shall take into account any other information, including the views of family and friends, that the guardian believes the ward would have considered if able to act for herself or himself.” Id. § 11a-17(e). ¶ 93 Prior to section 11a-17(g)(2)’s effective date, the appellate court had held that “Artic

16
In Re Guardianship of Husemangreen
illappct · 2005 · cited in 2 Illinois opinions naming this issue, 2018–2019
2 sentences

2019App. 3d 867, 877 (2008); see also Warga v. Warga, 2015 IL App (1st) 151182, ¶ 20 ; cf. In re Guardianship of Huseman, 358 Ill.

2018App. 3d 867 , 877, 327 Ill.Dec. 213 , 901 N.E.2d 946 (2008) ; see also Warga v. Warga , 2015 IL App (1st) 151182 , ¶ 20, 399 Ill.Dec. 230 , 46 N.E.3d 268 ; cf. In re Guardianship of Huseman , 358 Ill.

12
People v. Smithgreen
ill · 1999 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See Smith, 185 Ill. 2d at 541 (testimony of a single witness is sufficient evidence to convict).

11
People v. Markiewiczgreen
illappct · 1993 · cited in 1 Illinois opinions naming this issue, 2023–2023
2 sentences

2023Since the record does not disclose the substance of Detective Law’s proposed testimony, “its evidentiary value is entirely speculative.” People v. Markiewicz, 246 Ill.

2023Since the record does not disclose the substance of Detective Law’s proposed testimony, “its evidentiary value is entirely speculative.” People v. Markiewicz, 246 Ill.

11
Ward v. K Mart Corp.green
ill · 1990 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015Further, although an open-and-obvious danger does not, in itself, bar a duty (see Ward v. K mart Corp., 136 Ill. 2d 132, 145 (1990)), plaintiff had no basis to raise Ward’s exception to the rule of nonliability: the “distraction” exception, under which a defendant has a duty if he can reasonably foresee that the plaintiff’s attention will be taken off the condition (id. at 149, 153-54). ¶ 11 The trial court granted defendant summary judgment and denied plaintiff’s motion to reconsider.

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 (20)

CaseCitedYears
People v. Ward green
ill · 1986
2 sentences

2019After the trial court sentenced the Ward defendant, it stated: "I hope as you serve your sentence, that you will perhaps get some contrition and maybe smarten up." Ward , 113 Ill. 2d at 525 , 101 Ill.Dec. 834 , 499 N.E.2d 422 .

2019After the trial court sentenced the Ward defendant, it stated: "I hope as you serve your sentence, that you will perhaps get some contrition and maybe smarten up." Ward , 113 Ill. 2d at 525 , 101 Ill.Dec. 834 , 499 N.E.2d 422 .

22019–2019
Karbin v. Karbin green
ill · 2012
2 sentences

2019In determining the ward’s best interests, the guardian shall weigh the reason for and nature of the proposed action, the benefit or necessity of the action, the possible risks and other consequences of the proposed action, and any available alternatives and their risks, consequences and benefits, and shall take into account any other information, including the views of family and friends, that the guardian believes the ward would have considered if able to act for herself or himself.” Id. § 11a-17(e). ¶ 93 Prior to section 11a-17(g)(2)’s effective date, the appellate court had held that “Artic

2018In determining the ward's best interests, the guardian shall weigh the reason for and nature of the proposed action, the benefit or necessity of the action, the possible risks and other consequences of the proposed action, and any available alternatives and their risks, consequences and benefits, and shall take into account any other information, including the views of family and friends, that the guardian believes the ward would have considered if able to act for herself or himself." Id. § 11a-17(e). ¶ 93 Prior to section 11a-17(g)(2)'s effective date, the appellate court had held that "Artic

22018–2019
Hodges v. CIT Group (In Re Hodges) green
ilnb · 2006
2 sentences

2008Verdung, 126 Ill. 2d at 555 ; Hodges, 350 B.R. at 802 nn. 8 & 9.2 The one cause we found for hesitation on this point was the order's continuance of Ward's claim of exemptions to a later date.

2008Verdung, 126 Ill. 2d at 555 ; Hodges, 350 B.R. at 802 nn.8, 9. 2 The one cause we found for hesitation on this point was the order’s continuance of Ward’s claim of exemptions to a later date.

22008–2008
In re Marriage of Verdung green
ill · 1989
2 sentences

2008Verdung, 126 Ill. 2d at 555 ; Hodges, 350 B.R. at 802 nn. 8 & 9.2 The one cause we found for hesitation on this point was the order's continuance of Ward's claim of exemptions to a later date.

2008Verdung, 126 Ill. 2d at 555 ; Hodges, 350 B.R. at 802 nn.8, 9. 2 The one cause we found for hesitation on this point was the order’s continuance of Ward’s claim of exemptions to a later date.

22008–2008
People v. Ward green
illappct · 2023
1 sentence

2023CONCLUSION ¶ 126 For the foregoing reasons, we reverse the trial court’s denial of Mr. Ward’s motion to suppress his statements and remand for a new trial without the use of any inculpatory statements he made after invoking his right to remain silent. ¶ 127 Reversed and remanded. 37 No. 1-19-0364 People v. Ward, 2023 IL App (1st) 190364 Decision Under Review: Appeal from the Circuit Court of Cook County, No. 13-CR- 5242, the Hon.

12023–2023
Marshall v. Burger King Corp. green
ill · 2006
2 sentences

2006In fact, the supreme court has phrased the Ward factors that comprise the duty inquiry as “policy considerations.” Marshall, 222 Ill. 2d at 436-37 .

2006In fact, the supreme court has phrased the Ward factors that comprise the duty inquiry as “policy considerations.” Marshall, 222 Ill. 2d at 436-37 .

12006–2006
People v. Rolih green
illappct · 1992
2 sentences

2004People v. Rolih, 233 Ill.

2004People v. Rolih , 233 Ill.

12004–2004
Oropeza v. BOARD OF EDUC., CITY OF CHICAGO green
illappct · 1992
2 sentences

1994The court relied on the pre-Ward doctrine that "[w]here a situation presents obvious risks which persons would be expected to appreciate and avoid, there is no duty to remedy that situation.” (Oropeza, 238 Ill.

1994The court relied on the pre- Ward doctrine that "[w]here a situation presents obvious risks which persons *829 would be expected to appreciate and avoid, there is no duty to remedy that situation." ( Oropeza, 238 Ill.App.3d at 401 , 179 Ill.Dec. 650 , 606 N.E.2d 482 ).

11994–1994
Kennedy v. Mendoza-Martinez green
scotus · 1963
2 sentences

1992In analyzing this second Ward inquiry, we find it appropriate to consider a number of factors, commonly referred to as the “Mendoza-Martinez factors.” (See Kennedy v. Mendoza-Martinez (1963), 372 U.S. 144, 168-69 , 9 L.

1992In analyzing this second Ward inquiry, we find it appropriate to consider a number of factors, commonly referred to as the “Mendoza-Martinez factors.” (See Kennedy v. Mendoza-Martinez (1963), 372 U.S. 144, 168-69 , 9 L.

11992–1992
Hartman v. Hartman neutral
illappct · 1980
2 sentences

1987The colloquy between the trial court and Glenn’s attorney on his presentation of Glenn’s motion to dismiss Ward’s motion to compel Glenn’s compliance with his obligation to pay Ward’s college expenses deary reveals that the trial court recognized this principle enunciated in Joslyn and Hartman v. Hartman (1980), 89 Ill.

1987App. 3d 969 , 412 N.E.2d 711 : “[GLENN’S ATTORNEY]: [I] will deal with the Motion to Dismiss first.

11987–1987
Joslyn v. Joslyn green
ill · 1944
2 sentences

1987Resnik v. Curtis & Davis, Architects & Planners, Inc. (1980), 78 Ill. 2d 381 , 400 N.E.2d 918 , and Joslyn v. Joslyn (1944), 386 Ill. 387 , 54 N.E.2d 475 , the trial court granted Glenn’s motion to dismiss Ward’s motion that Glenn be ordered to pay Ward’s college expenses, stating: “THE COURT: In the Joslyn case, it was the attorney or the guardian ad litem that brought the action, is it not?

1987Resnik v. Curtis & Davis, Architects & Planners, Inc. (1980), 78 Ill. 2d 381 , 400 N.E.2d 918 , and Joslyn v. Joslyn (1944), 386 Ill. 387 , 54 N.E.2d 475 , the trial court granted Glenn’s motion to dismiss Ward’s motion that Glenn be ordered to pay Ward’s college expenses, stating: “THE COURT: In the Joslyn case, it was the attorney or the guardian ad litem that brought the action, is it not?

11987–1987
People Ex Rel. Resnik v. Curtis & Davis, Architects & Planners, Inc. green
ill · 1980
2 sentences

1987Resnik v. Curtis & Davis, Architects & Planners, Inc. (1980), 78 Ill. 2d 381 , 400 N.E.2d 918 , and Joslyn v. Joslyn (1944), 386 Ill. 387 , 54 N.E.2d 475 , the trial court granted Glenn’s motion to dismiss Ward’s motion that Glenn be ordered to pay Ward’s college expenses, stating: “THE COURT: In the Joslyn case, it was the attorney or the guardian ad litem that brought the action, is it not?

1987Resnik v. Curtis & Davis, Architects & Planners, Inc. (1980), 78 Ill. 2d 381 , 400 N.E.2d 918 , and Joslyn v. Joslyn (1944), 386 Ill. 387 , 54 N.E.2d 475 , the trial court granted Glenn’s motion to dismiss Ward’s motion that Glenn be ordered to pay Ward’s college expenses, stating: “THE COURT: In the Joslyn case, it was the attorney or the guardian ad litem that brought the action, is it not?

11987–1987
In re Marriage of Garrison green
illappct · 1981
1 sentence

1987App. 3d 717 , 425 N.E.2d 518 , on which the trial court relied in dismissing Ward’s motion.

11987–1987
Merneigh v. Merneigh green
illappct · 1954
2 sentences

1985(Pyott v. Pyott (1901), 191 Ill. 280 , 61 N.E. 88 .) One of these decisions further noted that a guardian may represent a ward in defense of a dissolution petition wherein the ground for dissolution occurred prior to the commencement of the disability (Iago v. Iago (1897), 168 Ill. 339, 341 , 48 N.E. 30 ), a rule which has been relied upon in a subsequent fllinois Appellate Court case (Merneigh v. Merneigh (1954), 2 Ill.

1985App.2d 203 , 191 N.E.2d 614 ), and (2) a *773 guardian or next friend may institute an action on behalf of a ward to annul a marriage entered into by the disabled person during a period of mental disability. ( Pyott v. Pyott (1901), 191 Ill. 280 , 61 N.E. 88 .) One of these decisions further noted that a guardian may represent a ward in defense of a dissolution petition wherein the ground for dissolution occurred prior to the commencement of the disability ( Iago v. Iago (1897), 168 Ill. 339, 341 , 48 N.E. 30 ), a rule which has been relied upon in a subsequent Illinois Appellate Court case (

11985–1985
Hartford Deposit Co. v. Pederson green
ill · 1897
2 sentences

1985(Pyott v. Pyott (1901), 191 Ill. 280 , 61 N.E. 88 .) One of these decisions further noted that a guardian may represent a ward in defense of a dissolution petition wherein the ground for dissolution occurred prior to the commencement of the disability (Iago v. Iago (1897), 168 Ill. 339, 341 , 48 N.E. 30 ), a rule which has been relied upon in a subsequent fllinois Appellate Court case (Merneigh v. Merneigh (1954), 2 Ill.

1985App.2d 203 , 191 N.E.2d 614 ), and (2) a *773 guardian or next friend may institute an action on behalf of a ward to annul a marriage entered into by the disabled person during a period of mental disability. ( Pyott v. Pyott (1901), 191 Ill. 280 , 61 N.E. 88 .) One of these decisions further noted that a guardian may represent a ward in defense of a dissolution petition wherein the ground for dissolution occurred prior to the commencement of the disability ( Iago v. Iago (1897), 168 Ill. 339, 341 , 48 N.E. 30 ), a rule which has been relied upon in a subsequent Illinois Appellate Court case (

11985–1985
Iago v. Iago green
ill · 1897
2 sentences

1985(Pyott v. Pyott (1901), 191 Ill. 280 , 61 N.E. 88 .) One of these decisions further noted that a guardian may represent a ward in defense of a dissolution petition wherein the ground for dissolution occurred prior to the commencement of the disability (Iago v. Iago (1897), 168 Ill. 339, 341 , 48 N.E. 30 ), a rule which has been relied upon in a subsequent fllinois Appellate Court case (Merneigh v. Merneigh (1954), 2 Ill.

1985App.2d 203 , 191 N.E.2d 614 ), and (2) a *773 guardian or next friend may institute an action on behalf of a ward to annul a marriage entered into by the disabled person during a period of mental disability. ( Pyott v. Pyott (1901), 191 Ill. 280 , 61 N.E. 88 .) One of these decisions further noted that a guardian may represent a ward in defense of a dissolution petition wherein the ground for dissolution occurred prior to the commencement of the disability ( Iago v. Iago (1897), 168 Ill. 339, 341 , 48 N.E. 30 ), a rule which has been relied upon in a subsequent Illinois Appellate Court case (

11985–1985
Pyott v. Pyott green
ill · 1901
2 sentences

1985(Pyott v. Pyott (1901), 191 Ill. 280 , 61 N.E. 88 .) One of these decisions further noted that a guardian may represent a ward in defense of a dissolution petition wherein the ground for dissolution occurred prior to the commencement of the disability (Iago v. Iago (1897), 168 Ill. 339, 341 , 48 N.E. 30 ), a rule which has been relied upon in a subsequent fllinois Appellate Court case (Merneigh v. Merneigh (1954), 2 Ill.

1985(Pyott v. Pyott (1901), 191 Ill. 280 , 61 N.E. 88 .) One of these decisions further noted that a guardian may represent a ward in defense of a dissolution petition wherein the ground for dissolution occurred prior to the commencement of the disability (Iago v. Iago (1897), 168 Ill. 339, 341 , 48 N.E. 30 ), a rule which has been relied upon in a subsequent fllinois Appellate Court case (Merneigh v. Merneigh (1954), 2 Ill.

11985–1985
Newman v. Newman green
illappct · 1963
1 sentence

1985App.2d 203 , 191 N.E.2d 614 ), and (2) a *773 guardian or next friend may institute an action on behalf of a ward to annul a marriage entered into by the disabled person during a period of mental disability. ( Pyott v. Pyott (1901), 191 Ill. 280 , 61 N.E. 88 .) One of these decisions further noted that a guardian may represent a ward in defense of a dissolution petition wherein the ground for dissolution occurred prior to the commencement of the disability ( Iago v. Iago (1897), 168 Ill. 339, 341 , 48 N.E. 30 ), a rule which has been relied upon in a subsequent Illinois Appellate Court case (

11985–1985
Montgomery Ward & Co. v. United Retail, Wholesale & Department Store Employees of America neutral
illappct · 1952
1 sentence

1956On appeal by the Union to the Appellate Court the trial court’s order of dismissal of said second petition was affirmed in an opinion reported in 348 Ill.

11956–1956
Montgomery Ward & Co. v. United Retail, Wholesale & Department Store Employees of America green
illappct · 1946
1 sentence

1955Tbe court denied tbe union’s motion, and since it refused to plead further and stated orally tbat it would stand on its motion to strike tbe complaint and dismiss tbe suit, tbe court on tbat day entered an order which reads in part as follows: . . tbe above-named defendants having elected to stand on their Motion to Strike the complaint and to dismiss the suit, therefore the Order of June 25,1945 is made a final order.” The union appealed from the order of June 25,1945 and the final order of July 6, 1945, and on November 20, 1946 the third division of this court, in Montgomery Ward & Co., Inc.

11955–1955

Statutes the citing opinions construe

IL § 735 ILCS 5/2-619 (3) IL § 755 ILCS 5/1-1 (3) IL § 755 ILCS 5/11a-1 (3) IL § 755 ILCS 5/11a-18 (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 (1955–2025) KY 16 (2006–2026) GA 15 (1973–2024) OH 15 (1996–2022) CA 15 (1948–2023) TX 14 (1983–2025) WA 12 (1992–2026) IN 11 (1983–2015) AR 8 (1975–2021) WI 8 (1985–2022) FL 7 (1985–2017) NJ 7 (1989–2016) UT 6 (1998–2024) NY 6 (1990–2015) KS 6 (1924–2021) MN 5 (1994–2016) MD 5 (1988–2017) ID 5 (2014–2024) TN 4 (2011–2014) NE 3 (1991–2018) AL 3 (2007–2012) MT 3 (1994–2017) AZ 3 (1991–2025) CO 3 (1999–2007) MS 3 (1995–2022) MO 3 (1986–2020) IA 3 (1940–2017) DC 3 (2004–2024) SC 2 (2009–2022) WV 2 (1987–2023) OK 2 (1961–2004) MA 2 (1808–2000) WY 2 (2015–2015) VI 2 (2011–2011) VA 2 (2007–2024) HI 2 (1915–2023)

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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