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11 Illinois opinions name it 1 courts 1995–2024 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.
| Case | Followed | Cited |
|---|---|---|
First Capitol Mortgage Corp. v. Talandis Construction Corp.green2 sentences2019See First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128, 133 (1976). 2 We note that Daniel’s brief indicates Brian Houlihan died in February 2018. -2- No. 1-18-0805 law. 705 ILCS 205/1 (West 2016); Ratcliffe, 318 Ill. 2019See First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128, 133 (1976). 2 We note that Daniel’s brief indicates Brian Houlihan died in February 2018. -2- nonattorney, has impermissibly instituted legal proceedings on behalf of another, i.e., the estate of Carol Mattson. | 2 | 2 |
Blue v. Peoplegreen2 sentences2019App. 3d at 625 (citing Blue v. People, 223 Ill. 2019See Blue, 223 Ill. | 2 | 2 |
Friedman v. Safe Security Services, Inc.green2 sentences2012See Friedman v. Safe Security Services, Inc., 328 Ill.App.3d 37, 50-51 , 262 Ill.Dec. 278 , 765 N.E.2d 104 (2002) (and cases cited therein) (noting that, on a defendant's motion for a directed finding, only the plaintiff's evidence may be considered and the evidence must have been actually introduced at trial). 2012See Friedman v. Safe Security Services, Inc., 328 Ill.App.3d 37, 50-51 , 262 Ill.Dec. 278 , 765 N.E.2d 104 (2002) (and cases cited therein) (noting that, on a defendant's motion for a directed finding, only the plaintiff's evidence may be considered and the evidence must have been actually introduced at trial). | 2 | 2 |
Johnson v. La Grange State Bankgreen2 sentences2018Romano , 2012 IL App (2d) 091339 , ¶ 99, 360 Ill.Dec. 36 , 968 N.E.2d 115 . ¶ 48 On appeal, citing Johnson , we explained: "In Illinois, an owner has an absolute right to dispose of his property during his lifetime in any manner he sees fit, and he may do so even though the transfer is for the precise purpose of defeating his spouse's statutory marital interests in the property conveyed. [Citation.] As such, a transfer is not vulnerable to attack by a spouse unless the transaction 'is a sham and is colorable or illusory and is tantamount to a fraud.' " (Internal quotation marks omitted.) Roman 2018Romano , 2012 IL App (2d) 091339 , ¶ 99, 360 Ill.Dec. 36 , 968 N.E.2d 115 . ¶ 48 On appeal, citing Johnson , we explained: "In Illinois, an owner has an absolute right to dispose of his property during his lifetime in any manner he sees fit, and he may do so even though the transfer is for the precise purpose of defeating his spouse's statutory marital interests in the property conveyed. [Citation.] As such, a transfer is not vulnerable to attack by a spouse unless the transaction 'is a sham and is colorable or illusory and is tantamount to a fraud.' " (Internal quotation marks omitted.) Roman | 1 | 4 |
In re Marriage of Romanogreen2 sentences2018Romano , 2012 IL App (2d) 091339 , ¶ 99, 360 Ill.Dec. 36 , 968 N.E.2d 115 . ¶ 48 On appeal, citing Johnson , we explained: "In Illinois, an owner has an absolute right to dispose of his property during his lifetime in any manner he sees fit, and he may do so even though the transfer is for the precise purpose of defeating his spouse's statutory marital interests in the property conveyed. [Citation.] As such, a transfer is not vulnerable to attack by a spouse unless the transaction 'is a sham and is colorable or illusory and is tantamount to a fraud.' " (Internal quotation marks omitted.) Roman 2018Romano , 2012 IL App (2d) 091339 , ¶ 99, 360 Ill.Dec. 36 , 968 N.E.2d 115 . ¶ 48 On appeal, citing Johnson , we explained: "In Illinois, an owner has an absolute right to dispose of his property during his lifetime in any manner he sees fit, and he may do so even though the transfer is for the precise purpose of defeating his spouse's statutory marital interests in the property conveyed. [Citation.] As such, a transfer is not vulnerable to attack by a spouse unless the transaction 'is a sham and is colorable or illusory and is tantamount to a fraud.' " (Internal quotation marks omitted.) Roman | 1 | 2 |
In Re Estate of Deveygreen1 sentence2024See, e.g., In re Estate of Devey, 239 Ill. | 1 | 1 |
Gruby v. The Department of Public Healthgreen1 sentence2024Gruby v. Department of Public Health, 2015 IL App (2d) 140790, ¶ 12 , as modified on denial of reh'g (June 17, 2015) (“Striking a party’s brief, in whole or in part, is a harsh sanction and is appropriate only when the violations hinder our review.”); Ill. | 1 | 1 |
Stoller v. Paul Revere Life Insurancegreen1 sentence1995See Stoller v. Paul Revere Life Insurance Co. (1987), 163 Ill. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Marriage of Frederick
green
2 sentences2012In particular, Cynthia, relying on In re Marriage of Frederick, 218 Ill.App.3d 533 , 161 Ill.Dec. 254 , 578 N.E.2d 612 (1991), asserts that the circumstances surrounding the DMR trusts, when viewed together, establish that the transfers were "illusory and/or colorable" and were made to defeat her marital rights. ¶ 100 In cases tried without a jury, the defendant may move for a directed finding in his or her favor at the close of the plaintiff's case. 735 ILCS 5/2-1110 (West 2008); Law Offices of Colleen M. 2012In particular, Cynthia, relying on In re Marriage of Frederick, 218 Ill.App.3d 533 , 161 Ill.Dec. 254 , 578 N.E.2d 612 (1991), asserts that the circumstances surrounding the DMR trusts, when viewed together, establish that the transfers were "illusory and/or colorable" and were made to defeat her marital rights. ¶ 100 In cases tried without a jury, the defendant may move for a directed finding in his or her favor at the close of the plaintiff's case. 735 ILCS 5/2-1110 (West 2008); Law Offices of Colleen M. | 2 | 2012–2012 |
Gorski v. Board of Fire & Police Commissioners of the City of Woodstock
neutral
2 sentences2012Gorski, 2011 IL App (2d) 100808, ¶ 34 , 357 Ill.Dec. 466 , 963 N.E.2d 419 . ¶ 101 According to Cynthia, it was improper for the trial court to grant Daniel's motion for a directed finding, because one of her witnesses, Tarshis, testified that the DMR trusts "contained certain ties or connections which demonstrated that [Daniel] had retained sufficient control of the trusts to make the transfer of assets illusory and/or colorable." Thus, she maintains that the assets of the DMR trusts should not be segregated from Daniel's personal assets. [5] Cynthia cites the following "ties *145 or connectio 2012Gorski, 2011 IL App (2d) 100808, ¶ 34 . -26- ¶ 101 According to Cynthia, it was improper for the trial court to grant Daniel’s motion for a directed finding, because one of her witnesses, Tarshis, testified that the DMR trusts “contained certain ties or connections which demonstrated that [Daniel] had retained sufficient control of the trusts to make the transfer of assets illusory and/or colorable.” Thus, she maintains that the assets of the DMR trusts should not be segregated from Daniel’s personal assets.5 Cynthia cites the following “ties or connections” as support for her claim that Danie | 2 | 2012–2012 |
Poulos v. Lane
green
2 sentences2003Poulos, 276 Ill. 2003Poulos , 276 Ill. | 2 | 2003–2003 |
Ratcliffe v. Apantaku
green
1 sentence2019See First Capitol Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128, 133 (1976). 2 We note that Daniel’s brief indicates Brian Houlihan died in February 2018. -2- No. 1-18-0805 law. 705 ILCS 205/1 (West 2016); Ratcliffe, 318 Ill. | 1 | 2019–2019 |
In Re Marriage of Romano
green
2 sentences2018Romano , 2012 IL App (2d) 091339 , ¶ 99, 360 Ill.Dec. 36 , 968 N.E.2d 115 . ¶ 48 On appeal, citing Johnson , we explained: "In Illinois, an owner has an absolute right to dispose of his property during his lifetime in any manner he sees fit, and he may do so even though the transfer is for the precise purpose of defeating his spouse's statutory marital interests in the property conveyed. [Citation.] As such, a transfer is not vulnerable to attack by a spouse unless the transaction 'is a sham and is colorable or illusory and is tantamount to a fraud.' " (Internal quotation marks omitted.) Roman 2018Romano , 2012 IL App (2d) 091339 , ¶ 99, 360 Ill.Dec. 36 , 968 N.E.2d 115 . ¶ 48 On appeal, citing Johnson , we explained: "In Illinois, an owner has an absolute right to dispose of his property during his lifetime in any manner he sees fit, and he may do so even though the transfer is for the precise purpose of defeating his spouse's statutory marital interests in the property conveyed. [Citation.] As such, a transfer is not vulnerable to attack by a spouse unless the transaction 'is a sham and is colorable or illusory and is tantamount to a fraud.' " (Internal quotation marks omitted.) Roman | 1 | 2018–2018 |
Gorski v. BD. OF FIRE AND POLICE COMM'RS
neutral
2 sentences2012Gorski, 2011 IL App (2d) 100808, ¶ 34 , 357 Ill.Dec. 466 , 963 N.E.2d 419 . ¶ 101 According to Cynthia, it was improper for the trial court to grant Daniel's motion for a directed finding, because one of her witnesses, Tarshis, testified that the DMR trusts "contained certain ties or connections which demonstrated that [Daniel] had retained sufficient control of the trusts to make the transfer of assets illusory and/or colorable." Thus, she maintains that the assets of the DMR trusts should not be segregated from Daniel's personal assets. [5] Cynthia cites the following "ties *145 or connectio 2012Gorski, 2011 IL App (2d) 100808, ¶ 34 , 357 Ill.Dec. 466 , 963 N.E.2d 419 . ¶ 101 According to Cynthia, it was improper for the trial court to grant Daniel's motion for a directed finding, because one of her witnesses, Tarshis, testified that the DMR trusts "contained certain ties or connections which demonstrated that [Daniel] had retained sufficient control of the trusts to make the transfer of assets illusory and/or colorable." Thus, she maintains that the assets of the DMR trusts should not be segregated from Daniel's personal assets. [5] Cynthia cites the following "ties *145 or connectio | 1 | 2012–2012 |
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.
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.