competing factors in Illinois

2006The 20 1-05-2132 court acknowledged its duty to protect the mentally infirm, but additionally recognized an important competing principle when it stated as follows: “On the other hand, this policy [to afford rigorous protection of the rights of the mentally infirm] recognizes that the justification for legal intervention into the lives of persons suffering mental incapacities without those persons' consent, though undertaken to protect their safety, health, and welfare, must outweigh the restrictions on liberty that the intervention entails. [Citation.]” V.K., 184 Misc. 2d at 732 , 711 N.Y.S.2

2006The 20 1-05-2132 court acknowledged its duty to protect the mentally infirm, but additionally recognized an important competing principle when it stated as follows: “On the other hand, this policy [to afford rigorous protection of the rights of the mentally infirm] recognizes that the justification for legal intervention into the lives of persons suffering mental incapacities without those persons' consent, though undertaken to protect their safety, health, and welfare, must outweigh the restrictions on liberty that the intervention entails. [Citation.]” V.K., 184 Misc. 2d at 732 , 711 N.Y.S.2

1998However, the supreme court later held in Ramsey v. Morrison , 175 Ill. 2d 218 , 676 N.E.2d 1304 (1997), that the right of contribution will not always prevail over the competing immunity.

1998However, the supreme court later held in Ramsey v. Morrison , 175 Ill. 2d 218 , 676 N.E.2d 1304 (1997), that the right of contribution will not always prevail over the competing immunity.

2025In re P.D., 2017 IL App (2d) 170355, ¶ 19 .

2025Under those circumstances, a presumption favoring the trial court’s determination “is always strong and compelling.” Id. ¶ 34 On review, we cannot reweigh the competing factors.

2020Generally, “a competing claim to those assets by a secured creditor will take priority over a lien creditor, provided the secured creditor has perfected its lien.” (Emphasis in original.) Sign Builders, Inc. v. SVI Themed Const. Solutions, Inc., 2015 IL App (1st) 142212 , ¶ 16.

1993It is seldom impermissibly inconvenient to sue a defendant at that defendant’s place of residence.” (Besse, 721 S.W.2d at 743 .) We agree with that assessment in regard to the competing factors in the instant case.

1992The dissent also urges that "[w]e * * * should support trial courts in their efforts to manage heavy dockets * * *." This court, however, has expressly indicated that: "While the purposes of Rule 103(b) are unquestionably valid, nevertheless, faced with a crowded civil docket as has been the experience in Cook County, Illinois, the trial court should be careful that Rule 103(b) is not used merely as a device to reduce the backlog of cases, but consideration of the competing factors inherent in ruling on a Rule 103(b) motion should be given to each case in which such a motion arises." Galvan v.

1992App. 3d at 91.) This court, however, has expressly indicated that: “While the purposes of Rule 103(b) are unquestionably valid, nevertheless, faced with a crowded civil docket as has been the experience in Cook County, Illinois, the trial court should be careful that Rule 103(b) is not used merely as a device to reduce the backlog of cases, but consideration of the competing factors inherent in ruling on a Rule 103(b) motion should be given to each case in which such a motion arises.” Galvan v. Morales (1972), 9 Ill.

1991However, the Wisconsin Supreme Court expressly overruled Olsen in Sorensen v. Jarvis (1984), 119 Wis. 2d 627 , 350 N.W.2d 108 , and explicitly recognized social host common law negligence liability for injuries sustained in an accident caused by an intoxicated minor in Koback v. Crook (1985), 123 Wis. 2d 259 , 366 N.W.2d 857 .

1991However, the Wisconsin Supreme Court expressly overruled Olsen in Sorensen v. Jarvis (1984), 119 Wis. 2d 627 , 350 N.W.2d 108 , and explicitly recognized social host common law negligence liability for injuries sustained in an accident caused by an intoxicated minor in Koback v. Crook (1985), 123 Wis. 2d 259 , 366 N.W.2d 857 .

1991However, the Wisconsin Supreme Court expressly overruled Olsen in Sorensen v. Jarvis (1984), 119 Wis. 2d 627 , 350 N.W.2d 108 , and explicitly recognized social host common law negligence liability for injuries sustained in an accident caused by an intoxicated minor in Koback v. Crook (1985), 123 Wis. 2d 259 , 366 N.W.2d 857 .

1991However, the Wisconsin Supreme Court expressly overruled Olsen in Sorensen v. Jarvis (1984), 119 Wis. 2d 627 , 350 N.W.2d 108 , and explicitly recognized social host common law negligence liability for injuries sustained in an accident caused by an intoxicated minor in Koback v. Crook (1985), 123 Wis. 2d 259 , 366 N.W.2d 857 .

1989App. 3d 504, 506 , 529 N.E.2d 1038, 1040 .) We believe in this instance the trial court failed to properly consider all of the competing factors inherent in ruling on a Rule 103(b) motion, especially in light of our supreme court’s recent holding in Martinez v. Erickson (1989), 127 Ill. 2d 112 , 535 N.E.2d 853 .

1989App. 3d 504, 506 , 529 N.E.2d 1038, 1040 .) We believe in this instance the trial court failed to properly consider all of the competing factors inherent in ruling on a Rule 103(b) motion, especially in light of our supreme court’s recent holding in Martinez v. Erickson (1989), 127 Ill. 2d 112 , 535 N.E.2d 853 .

1989App. 3d 657 , 469 N.E.2d 365 , this court held that the Contribution Act prevailed against a competing principle of parent-child tort immunity because the public policy considerations which necessitated the protection of the family unit would not be sacrificed where the complaint alleged the parent third-party defendant violated a specific statute pertaining to negligent supervision of his child, a duty imposed for the safety of both the child and the general public.

1989App. 3d 504, 506 , 529 N.E.2d 1038, 1040 .) We believe in this instance the trial court failed to properly consider all of the competing factors inherent in ruling on a Rule 103(b) motion, especially in light of our supreme court’s recent holding in Martinez v. Erickson (1989), 127 Ill. 2d 112 , 535 N.E.2d 853 .

1972(DeCicco v. Reed (1966), 77 Ill.App.2d 349 , 222 N.E.2d 346 .) While the purposes of Rule 103(b) are unquestionably valid, nevertheless, faced with a crowded civil docket as has been the experience in Cook County, Illinois, the trial court should be careful that Rule 103(b) is not used merely as a device to reduce the backlog of cases, but consideration of the competing factors inherent in ruling on a Rule 103(b) motion should be given to each case in which such a motion arises.

1972(DeCicco v. Reed (1966), 77 Ill.App.2d 349 , 222 N.E.2d 346 .) While the purposes of Rule 103(b) are unquestionably valid, nevertheless, faced with a crowded civil docket as has been the experience in Cook County, Illinois, the trial court should be careful that Rule 103(b) is not used merely as a device to reduce the backlog of cases, but consideration of the competing factors inherent in ruling on a Rule 103(b) motion should be given to each case in which such a motion arises.