9 Illinois opinions name it 2 courts 1881–1997 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.
| Case | Followed | Cited |
|---|---|---|
Continental Bank & Trust Company v. Stewartgreen2 sentences1966Not every conflict in evidence gives birth to a jury question." (Page 638.) By the same token, the court further said that credibility need not be accepted "where the testimony of a witness is absolutely impossible either physically or morally; or where the evidence presented by a party is so unreasonable and inconsistent and so opposed by undisputed and independent evidence as to be wholly incredible and unworthy of belief." Accord: Continental Bank & Trust Co. v. Stewart, 4 Utah2d 228, 291 P.2d 890, 892 (1955). 1966Not every conflict in evidence gives birth to a jury question.” (Page 638.) By the same token, the court further said that credibility need not be accepted “where the testimony of a witness is absolutely impossible either physically or morally; or where the evidence presented by a party is so unreasonable and inconsistent and so opposed by undisputed and independent evidence as to be wholly incredible and unworthy of belief.” Accord: Continental Bank & Trust Co. v. Stewart, 4 Utah2d 228, 291 P2d 890, 892 (1955). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Maio v. Fahsgreen2 sentences1992(Maio v. Fahs (1940), 339 Pa. 180 , 14 A.2d 105 (overruled by statute, see Tsarnas v. Jones & Laughlin Steel Corp. (1980), 488 Pa. 513, 517-18 , 412 A.2d 1094, 1095 ).) The Minnesota rule arguably strikes a balance between the competing interests of the employer, as a participant in the workers’ compensation system, and the equitable interests of the third-party plaintiff in not being forced to pay more than its established fault. 1992(Maio v. Fahs (1940), 339 Pa. 180 , 14 A.2d 105 (overruled by statute, see Tsarnas v. Jones & Laughlin Steel Corp. (1980), 488 Pa. 513, 517-18 , 412 A.2d 1094, 1095 ).) The Minnesota rule arguably strikes a balance between the competing interests of the employer, as a participant in the workers’ compensation system, and the equitable interests of the third-party plaintiff in not being forced to pay more than its established fault. | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Lambertson v. Cincinnati Corp.
green
2 sentences1997As noted, in Kotecki this court adopted the "Minnesota rule” espoused in Lambertson v. Cincinnati Corp., 312 Minn. 114 , 257 N.W.2d 679 (1977). 1997As noted, in Kotecki this court adopted the "Minnesota rule” espoused in Lambertson v. Cincinnati Corp., 312 Minn. 114 , 257 N.W.2d 679 (1977). | 6 | 1992–1997 |
Kotecki v. Cyclops Welding Corp.
green
2 sentences1993These limited benefits are paid in exchange for a no-fault system of recovery.” (Kotecki, 146 Ill. 2d at 165 , 585 N.E.2d at 1028 .) We note that, under the Minnesota rule, an employer will only pay the worker’s compensation benefits once, because even if the employer is found negligent and required to contribute the full amount of its worker’s compensation liability to a third-party plaintiff, the employer will still be able to recover the original benefits paid to its employee through its statutory lien (Ill. 1993These limited benefits are paid in exchange for a no-fault system of recovery.” (Kotecki, 146 Ill. 2d at 165 , 585 N.E.2d at 1028 .) We note that, under the Minnesota rule, an employer will only pay the worker’s compensation benefits once, because even if the employer is found negligent and required to contribute the full amount of its worker’s compensation liability to a third-party plaintiff, the employer will still be able to recover the original benefits paid to its employee through its statutory lien (Ill. | 6 | 1992–1997 |
Johnson v. Raske Building Systems, Inc.
green
2 sentences1993(See Johnson v. Raske Building Systems, Inc. (Minn. 1979), 276 N.W.2d 79 (employers held liable for contribution under the Minnesota rule still entitled to statutory lien which protects employers from double liability).) We realize that in this case Kelly paid Costiloe’s benefits and therefore Quantum has no lien. 1993(See Johnson v. Raske Building Systems, Inc. (Minn. 1979), 276 N.W.2d 79 (employers held liable for contribution under the Minnesota rule still entitled to statutory lien which protects employers from double liability).) We realize that in this case Kelly paid Costiloe’s benefits and therefore Quantum has no lien. | 1 | 1993–1993 |
Tsarnas v. Jones & Laughlin Steel Corp.
green
2 sentences1992(Maio v. Fahs (1940), 339 Pa. 180 , 14 A.2d 105 (overruled by statute, see Tsarnas v. Jones & Laughlin Steel Corp. (1980), 488 Pa. 513, 517-18 , 412 A.2d 1094, 1095 ).) The Minnesota rule arguably strikes a balance between the competing interests of the employer, as a participant in the workers’ compensation system, and the equitable interests of the third-party plaintiff in not being forced to pay more than its established fault. 1992(Maio v. Fahs (1940), 339 Pa. 180 , 14 A.2d 105 (overruled by statute, see Tsarnas v. Jones & Laughlin Steel Corp. (1980), 488 Pa. 513, 517-18 , 412 A.2d 1094, 1095 ).) The Minnesota rule arguably strikes a balance between the competing interests of the employer, as a participant in the workers’ compensation system, and the equitable interests of the third-party plaintiff in not being forced to pay more than its established fault. | 1 | 1992–1992 |
Berthold v. Fox
neutral
2 sentences1881Berthold v. Fox, 13 Minn. 501 . 1881Berthold v. Fox, 13 Minn. 501 . | 1 | 1881–1881 |
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.