third element test (Illinois) · Go Syfert
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third element test in Illinois

10 Illinois opinions name it 2 courts 1985–2026 1 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 (5)

CaseFollowedCited
Gen. Serv. Emp. Union v. Elrbgreen
illappct · 1996 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000GSEU Local 73 , 285 Ill.

2000GSEU Local 73, 285 Ill.

22
O'BANNER v. McDonald's Corp.green
ill · 1996 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000However, as the trial court correctly found, plaintiff failed to provide evidence sufficient to satisfy the third element of the doctrine of apparent agency: justifiable reliance by Mr. Butkiewicz on the hospital. "[I]f a principal creates the appearance that someone is his agent, he should not then be permitted to deny the agency if an innocent third party reasonably relies on the apparent agency and is harmed as a result." O'Banner v. McDonald's Corp. , 173 Ill. 2d 208, 213 , 670 N.E.2d 632, 634 (1996), citing Gilbert , 156 Ill. 2d at 523-24 , 622 N.E.2d at 795 .

2000However, as the trial court correctly found, plaintiff failed to provide evidence sufficient to satisfy the third element of the doctrine of apparent agency: justifiable reliance by Mr. Butkiewicz on the hospital. "[I]f a principal creates the appearance that someone is his agent, he should not then be permitted to deny the agency if an innocent third party reasonably relies on the apparent agency and is harmed as a result." O'Banner v. McDonald's Corp. , 173 Ill. 2d 208, 213 , 670 N.E.2d 632, 634 (1996), citing Gilbert , 156 Ill. 2d at 523-24 , 622 N.E.2d at 795 .

22
City of Chicago v. StubHub, Inc.green
ill · 2011 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013That argument necessarily requires consideration of “ ‘the nature and extent of the problem, the units of government which have the most vital interest in its solution, and the role traditionally played by local and statewide authorities in dealing with it.’ ” Stubhub, Inc., 2011 IL 111127, ¶ 24 (quoting Kalodimos, 103 Ill. 2d at 501 (1984)); see also Scadron, 153 Ill. 2d at 176 .

11
Kalodimos v. Village of Morton Grovegreen
ill · 1984 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013That argument necessarily requires consideration of “ ‘the nature and extent of the problem, the units of government which have the most vital interest in its solution, and the role traditionally played by local and statewide authorities in dealing with it.’ ” Stubhub, Inc., 2011 IL 111127, ¶ 24 (quoting Kalodimos, 103 Ill. 2d at 501 (1984)); see also Scadron, 153 Ill. 2d at 176 .

11
Scadron v. City of Des Plainesgreen
ill · 1992 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013That argument necessarily requires consideration of “ ‘the nature and extent of the problem, the units of government which have the most vital interest in its solution, and the role traditionally played by local and statewide authorities in dealing with it.’ ” Stubhub, Inc., 2011 IL 111127, ¶ 24 (quoting Kalodimos, 103 Ill. 2d at 501 (1984)); see also Scadron, 153 Ill. 2d at 176 .

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 (5)

CaseCitedYears
People v. Pollock green
ill · 2002
2 sentences

2014It states: “When reviewing the sufficiency of the evidence to sustain a verdict on appeal, the relevant inquiry is ‘whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact 20 could have found the essential elements of the crime beyond a reasonable doubt.’” Id. ¶ 69 The third element is the test set out by the court for the evidence necessary to establish Pollock’s accountability for murder: “Having concluded that there is no evidence to support a finding that defendant was present when the aggravated battery [by Scott] took place, the inte

2014It states: “When reviewing the sufficiency of the evidence to sustain a verdict on appeal, the relevant inquiry is ‘whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact 20 could have found the essential elements of the crime beyond a reasonable doubt.’” Id. ¶ 69 The third element is the test set out by the court for the evidence necessary to establish Pollock’s accountability for murder: “Having concluded that there is no evidence to support a finding that defendant was present when the aggravated battery [by Scott] took place, the inte

22014–2014
Gilbert v. Sycamore Municipal Hospital green
ill · 1993
2 sentences

2000However, as the trial court correctly found, plaintiff failed to provide evidence sufficient to satisfy the third element of the doctrine of apparent agency: justifiable reliance by Mr. Butkiewicz on the hospital. "[I]f a principal creates the appearance that someone is his agent, he should not then be permitted to deny the agency if an innocent third party reasonably relies on the apparent agency and is harmed as a result." O'Banner v. McDonald's Corp. , 173 Ill. 2d 208, 213 , 670 N.E.2d 632, 634 (1996), citing Gilbert , 156 Ill. 2d at 523-24 , 622 N.E.2d at 795 .

2000However, as the trial court correctly found, plaintiff failed to provide evidence sufficient to satisfy the third element of the doctrine of apparent agency: justifiable reliance by Mr. Butkiewicz on the hospital. "[I]f a principal creates the appearance that someone is his agent, he should not then be permitted to deny the agency if an innocent third party reasonably relies on the apparent agency and is harmed as a result." O'Banner v. McDonald's Corp. , 173 Ill. 2d 208, 213 , 670 N.E.2d 632, 634 (1996), citing Gilbert , 156 Ill. 2d at 523-24 , 622 N.E.2d at 795 .

22000–2000
Swieton v. Landoch green
illappct · 1982
1 sentence

2026Id. at 299-300 .

12026–2026
Imig v. Beck green
illappct · 1985
1 sentence

1986Imig v. Beck (4th Dist. 1985), 137 Ill.

11986–1986
Menconi v. Davison green
illappct · 1967
1 sentence

1985App. 2d 1 , 225 N.E.2d 139 .) The issue presented on the cross-appeal is whether Thomas Fisher retained sufficient assets following the transfer so that the third element of the test for conveyances fraudulent in law has not been established.

11985–1985

Where else courts name it

TX 36 (1990–2026) CA 25 (1953–2026) OH 14 (1997–2022) WI 13 (1974–2024) IL 10 (1985–2026) NC 9 (1990–2019) WA 9 (2007–2025) ME 6 (1992–2021) ID 6 (1995–2020) MI 6 (1989–2025) MN 6 (1992–2025) NY 6 (1973–2024) OR 5 (1999–2025) IA 4 (1980–2023) OK 4 (2005–2021) MD 4 (1969–2026) PA 4 (1983–2025) CT 4 (1995–2021) UT 4 (1983–2024) NJ 4 (1984–2021) GA 4 (1990–2026) NM 4 (2013–2013) CO 4 (1998–2025) FL 3 (1988–2003) KY 3 (2021–2025) SD 2 (2010–2026) WY 2 (2012–2016) HI 2 (1995–1995) MO 2 (1994–2007) AR 2 (1990–1996) NE 2 (1993–2016)

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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