Torts doctrine (Illinois) · Go Syfert
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Torts doctrine in Illinois

10 Illinois opinions name it 2 courts 1986–2016 0 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 (2)

CaseFollowedCited
Darner v. Colbygreen
ill · 1941 · cited in 2 Illinois opinions naming this issue, 1989–1992
2 sentences

1992Darner v. Colby (1941), 375 Ill. 558, 560, 566-67 ; Gomien v. Wear-Ever Aluminum, Inc. (1971), 50 Ill. 2d 19, 21 ; [citations]. ‘No precise definition has been accorded the term “scope of employment” ’ (Sunseri v. Puccia (1981), 97 Ill.

1989Darner v. Colby (1941), 375 Ill. 558, 560, 566-67 ; Gomien v. Wear-Ever Aluminum, Inc. (1971), 50 Ill. 2d 19, 21 ; see generally W.

22
Pyne v. Witmergreen
ill · 1989 · cited in 1 Illinois opinions naming this issue, 1992–1992
2 sentences

1992(Pyne, 129 Ill. 2d at 360 , 543 N.E.2d at 1308 (and cases cited therein).) No precise definition has been accorded the phrase “scope of employment,” but broad criteria have been enunciated: “ ‘(1) Conduct of a servant is within the scope of employment if, but only if: (a) it is of the kind he is employed to perform; (b) it occurs substantially within the authorized time and space limits; (c) it is actuated, at least in part, by a purpose to serve the master, *** * * * (2) Conduct of a servant is not within the scope of employment if it is different in kind from that authorized, far beyond the

1992(Pyne, 129 Ill. 2d at 360 , 543 N.E.2d at 1308 (and cases cited therein).) No precise definition has been accorded the phrase “scope of employment,” but broad criteria have been enunciated: “ ‘(1) Conduct of a servant is within the scope of employment if, but only if: (a) it is of the kind he is employed to perform; (b) it occurs substantially within the authorized time and space limits; (c) it is actuated, at least in part, by a purpose to serve the master, *** * * * (2) Conduct of a servant is not within the scope of employment if it is different in kind from that authorized, far beyond the

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 (7)

CaseCitedYears
In Re Chicago Flood Litigation green
ill · 1997
2 sentences

2016Chicago Flood Litigation, 176 Ill. 2d at 208 . ¶ 27 Moreover, appellate court cases decided after Clark have adopted the section 520 Restatement (Second) of Torts factors in analyzing whether an activity is abnormally dangerous.

2015Chicago Flood Litigation, 176 Ill. 2d at 208 . &27 Moreover, appellate court cases decided after Clark have adopted the section 520 Restatement (Second) of Torts factors in analyzing whether an activity is abnormally dangerous.

22015–2016
Continental Building Corp. v. Union Oil Co. of California green
illappct · 1987
2 sentences

2016Continental Building Corp., 152 Ill.

2015Continental Building Corp., 152 Ill.

22015–2016
Hansen v. Baxter Healthcare Corp. green
ill · 2002
2 sentences

2005As such, I would continue to follow our statement in Hansen that, “[w]e do not foreclose the consideration of the Restatement (Third) of Torts standard in another case where it is raised at trial and is appropriately briefed and argued.” Hansen, 198 Ill. 2d at 438 .

2005As such, I would continue to follow our statement in Hansen that, "[w]e do not foreclose the consideration of the Restatement (Third) of Torts standard in another case where it is raised at trial and is appropriately briefed and argued." Hansen, 198 Ill.2d at 438 , 261 Ill.Dec. 744 , 764 N.E.2d 35 .

22005–2005
Gomien v. Wear-Ever Aluminum, Inc. green
ill · 1971
2 sentences

1992Darner v. Colby (1941), 375 Ill. 558, 560, 566-67 ; Gomien v. Wear-Ever Aluminum, Inc. (1971), 50 Ill. 2d 19, 21 ; [citations]. ‘No precise definition has been accorded the term “scope of employment” ’ (Sunseri v. Puccia (1981), 97 Ill.

1989Darner v. Colby (1941), 375 Ill. 558, 560, 566-67 ; Gomien v. Wear-Ever Aluminum, Inc. (1971), 50 Ill. 2d 19, 21 ; see generally W.

21989–1992
ILG Industries, Inc. v. Scott green
ill · 1971
2 sentences

1986Moreover, it incorrectly assumes that to find the existence of a protectable trade secret each factor in the Restatement of Torts test adopted by the court in ILG Industries, Inc. v. Scott (1971), 49 Ill. 2d 88, 93 , 273 N.E.2d 393 , must be treated independently and without regard to the other facts of the particular case.

1986Moreover, it incorrectly assumes that to find the existence of a protectable trade secret each factor in the Restatement of Torts test adopted by the court in ILG Industries, Inc. v. Scott (1971), 49 Ill. 2d 88, 93 , 273 N.E.2d 393 , must be treated independently and without regard to the other facts of the particular case.

21986–1986
Keller v. Mols green
illappct · 1987
1 sentence

1995For example, the court observed that whether children are playing "floor hockey” on a neighbor’s patio (see Keller, 156 Ill.

11995–1995
Sunseri v. Puccia green
illappct · 1981
1 sentence

1992Darner v. Colby (1941), 375 Ill. 558, 560, 566-67 ; Gomien v. Wear-Ever Aluminum, Inc. (1971), 50 Ill. 2d 19, 21 ; [citations]. ‘No precise definition has been accorded the term “scope of employment” ’ (Sunseri v. Puccia (1981), 97 Ill.

11992–1992

Where else courts name it

IL 10 (1986–2016) CA 4 (1989–2012) PA 3 (1986–2003) TX 2 (1988–2024)

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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