offending instruction (Illinois) · Go Syfert
← Illinois issues

offending instruction in Illinois

15 Illinois opinions name it 2 courts 1951–2023 2 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 (3)

CaseFollowedCited
Thompson v. MCA Distributing, Music Corp. of Americagreen
illappct · 1994 · cited in 8 Illinois opinions naming this issue, 1995–2019
2 sentences

2009“As a general rule, a new trial should be granted for improper jury instructions only where the opposing party has suffered serious prejudice from the offending instruction.” Thompson v. MCA Distributing, Music Corp. of America, 257 Ill.

2001App. 3d 393, 401 , 606 N.E.2d 1276, 1282 (1993)), and we will grant a new trial because of improper jury instructions only where the party has suffered serious prejudice from the offending instruction (Thompson v. MCA Distributing, Music Corp., 257 Ill.

48
Tabe v. Ausmangreen
illappct · 2009 · cited in 3 Illinois opinions naming this issue, 2018–2023
2 sentences

2023Generally, an improper jury instruction is the basis for a new trial “only where the opposing party has suffered serious prejudice from the offending instruction.” (Internal quotation marks omitted.) Tabe v. Ausman, 388 Ill. App. 3d 398, 405 (2009).

2019Jan.1, 2016). ¶ 21 II ¶ 22 Generally, the giving of an improper jury instruction is the basis for a new trial “ ‘only where the opposing party has suffered serious prejudice from the offending instruction.’ ” Tabe v. Ausman, 388 Ill.

23
Trimble v. Olympic Tavern, Inc.green
illappct · 1993 · cited in 3 Illinois opinions naming this issue, 1994–2001
2 sentences

2001App. 3d 393, 401 , 606 N.E.2d 1276, 1282 (1993)), and we will grant a new trial because of improper jury instructions only where the party has suffered serious prejudice from the offending instruction ( Thompson v. MCA Distributing, Music Corp. of America , 257 Ill.

2001App. 3d 393, 401 , 606 N.E.2d 1276, 1282 (1993)), and we will grant a new trial because of improper jury instructions only where the party has suffered serious prejudice from the offending instruction (Thompson v. MCA Distributing, Music Corp., 257 Ill.

23

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 (6)

CaseCitedYears
Kinkel v. Cingular Wireless, LLC green
illappct · 2005
2 sentences

2006We note, however, that Cingular apparently argued to the appellate court that the offending clause was severable. 357 Ill.

2006We note, however, that Cingular apparently argued to the appellate court that the offending clause was severable. 357 Ill.

22006–2006
People v. Robinson green
illappct · 2021
1 sentence

2023Id. ¶ 137 Defendant simply argues that “[i]t is clear from the lower court’s opinion denying relief that [it] did not follow the above guidelines in evaluating the new evidence.” While defendant does not identify the offending standard used by the trial court, we infer defendant is suggesting that the court here used the erroneous standard in People v. Treondous Robinson, 2021 IL App (1st) 171371 , on which defendant relies.

12023–2023
Ruesch v. Richland Memorial Hospital neutral
illappct · 1994
1 sentence

1995App. 3d at 58 , 632 N.E.2d at 663 .) "As a general rule, a new trial should be granted for improper jury instructions only where the opposing party has suffered serious prejudice from the offending instruction.” Thompson v. MCA Distributing, Music Corp. (1994), 257 Ill.

11995–1995
Cicero Lumber Co. v. Town of Cicero green
ill · 1898
1 sentence

1953In support thereof he cites and quotes extensively from a number of Illinois cases including Cicero Lumber Co. v. Town of Cicero, 176 Ill. 9 , and Sheldon v. Hoyne, 261 Ill. 222 .

11953–1953
Sheldon v. Hoyne neutral
ill · 1913
1 sentence

1953In support thereof he cites and quotes extensively from a number of Illinois cases including Cicero Lumber Co. v. Town of Cicero, 176 Ill. 9 , and Sheldon v. Hoyne, 261 Ill. 222 .

11953–1953
Bowman Dairy Co. v. United States green
scotus · 1951
2 sentences

1951Defendant, however, relies upon the statement in Bowman Dairy Co. v. United States, 341 U.S. 214 : "One should not be held in contempt under a subpoena that is part good and part bad." It is important to note, however, that the offending clause in that case had survived a motion to quash in the trial court.

1951Defendant, however, relies upon the statement in Bowman Dairy Co. v. United States, 341 U.S. 214 : “One should not be held in contempt under a subpoena that is part good and part bad.” It is important to note, however, that the offending clause in that case had survived a motion to quash in the trial court.

11951–1951

Statutes the citing opinions construe

IL § 735 ILCS 5/2-1108 (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

MO 73 (1983–2025) IL 15 (1951–2023) CA 13 (1960–2026) ME 9 (1981–2025) TX 8 (1945–2014) FL 7 (1988–2018) IN 4 (1976–2007) MA 4 (2014–2019) NY 3 (1987–2009) WA 3 (1980–2015) MI 3 (1921–2004) NJ 3 (1991–2021) NC 2 (1986–2007) MD 2 (2002–2020) OH 2 (2007–2015) OR 2 (1985–2021) WY 2 (2009–2010) AZ 2 (1993–2004) OK 2 (1985–1997)

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.

← Caselaw search · G Cite Topics · Brief Check