flexible standard in Illinois

2023Balancing the Factors ¶ 49 “Forum non conveniens is a flexible doctrine requiring evaluation of the total circumstances rather than consideration of any single factor.” Gridley, 217 Ill. 2d at 169 .

2023Balancing the Factors ¶ 50 “Forum non conveniens is a flexible doctrine requiring evaluation of the total circumstances rather than consideration of any single factor.” Gridley, 217 Ill. 2d at 169 .

1993The essential question becomes one of whether the probable cause is one which the defendant was under a duty to the plaintiff to anticipate or guard against.’ ” (Lynch, 93 Ill. 2d at 273-74 , 443 N.E.2d at 573 .) Later, the court stated: “In adopting a flexible standard of control, we note that res ipsa loquitur is simply a rule of evidence relating to the sufficiency of plaintiff’s proof. [Citation.] If the three requisite factors are established, the doctrine simply gives rise to a permissible inference of negligence.

1993The essential question becomes one of whether the probable cause is one which the defendant was under a duty to the plaintiff to anticipate or guard against.’ ” (Lynch, 93 Ill. 2d at 273-74 , 443 N.E.2d at 573 .) Later, the court stated: “In adopting a flexible standard of control, we note that res ipsa loquitur is simply a rule of evidence relating to the sufficiency of plaintiff’s proof. [Citation.] If the three requisite factors are established, the doctrine simply gives rise to a permissible inference of negligence.

1979Ed. 95 , 66 S. Ct. 154 ; Gray, 22 Ill. 2d 432, 440 ; accord, Connelly v. Uniroyal, Inc. (1979), 75 Ill. 2d 393 , 389 N.E.2d 155 .) In the application of this flexible test, the relevant inquiry is whether the defendant has by some act or type of conduct benefitted from the law of Illinois.

1967In response to these changes, the requirements for personal jurisdiction over nonresidents have evolved from the rigid rule of Pennoyer v. Neff, 95 US 714 , to the flexible standard of International Shoe Co. v. Washington, 326 US 310 .

1980In discussing a flexible test to apply to the facts of a given case, our supreme court stated that the “relevant inquiry is whether defendant engaged in some act or conduct by which he may be said to have invoked the benefits and protections of the law of the forum.” (Gray, 22 Ill. 2d 432, 440 , 176 N.E.2d 761, 765 .) The court found that the defendant corporation enjoyed benefits from Illinois “to the extent that its business may be directly affected by transactions occurring [in Illinois].” Finally, the court held that it was “not unreasonable where a cause of action arises from alleged defe

1980In discussing a flexible test to apply to the facts of a given case, our supreme court stated that the “relevant inquiry is whether defendant engaged in some act or conduct by which he may be said to have invoked the benefits and protections of the law of the forum.” (Gray, 22 Ill. 2d 432, 440 , 176 N.E.2d 761, 765 .) The court found that the defendant corporation enjoyed benefits from Illinois “to the extent that its business may be directly affected by transactions occurring [in Illinois].” Finally, the court held that it was “not unreasonable where a cause of action arises from alleged defe

1967In response to these changes, the requirements for personal jurisdiction over nonresidents have evolved from the rigid rule of Pennoyer v. Neff, 95 US 714 , to the flexible standard of International Shoe Co. v. Washington, 326 US 310 .

1966The court first noted that “the requirements for personal jurisdiction over non-residents have evolved from the rigid rule of Pennoyer v. Neff, 95 U.S. 714 , 24 L. ed. 565 to the flexible standard of International Shoe Co. v. State of Washington, 326 U.S. 310 , go L.

2015The following elements are required for the doctrine to apply: (1) a party must have taken two positions; (2) the positions must have been taken in judicial proceedings; (3) the positions must be given under oath; (4) the party must have successfully maintained the first position and obtained some benefit thereby; and (5) the two positions must be “totally inconsistent.” (Internal quotation marks omitted.) Holland v. Schwan’s Home Service, Inc., 2013 IL App (5th) 110560, ¶ 113 . ¶ 38 Judicial estoppel is a flexible doctrine that should not be used when to do so would result in an injustice.

2015The following elements are required for the doctrine to apply: (1) a party must have taken two positions; (2) the positions must have been taken in judicial proceedings; (3) the positions must be given under - 13 - No. 1-14-1700 oath; (4) the party must have successfully maintained the first position and obtained some benefit thereby; and (5) the two positions must be "totally inconsistent." (Internal quotation marks omitted.) Holland v. Schwan's Home Service, Inc., 2013 IL App (5th) 110560, ¶ 113 . ¶ 38 Judicial estoppel is a flexible doctrine that should not be used when to do so would resul

2002In First National Bank v. Guerine, 198 Ill.2d 511, 518 , 261 Ill.Dec. 763 , 764 N.E.2d 54 (2002), the Illinois Supreme Court's first full decision addressing the doctrine of forum non conveniens in seven years, the supreme court clearly stated that, rather than weigh the private interests of a litigant against the public interest factors, a determination of whether a case should be dismissed requires that the trial court "evaluate the total circumstances of the case" in an effort to determine whether the defendant has proven that the balance of factors strongly favors transfer.

2002In First American Bank v. Guerine, 198 Ill. 2d 511 , 518 (2002), the Illinois Supreme Court’s first full decision addressing the doctrine of forum non conveniens in seven years, the supreme court clearly stated that, rather than weigh the private interests of a litigant against the public interest factors, a determination of whether a case should be dismissed requires that the trial court “evaluate the total circumstances of the case” in an effort to determine whether the defendant has proven that the balance of factors strongly favors transfer.

1994(Board of Education v. A,C&S, Inc. (1989), 131 Ill. 2d 428, 438 .) It is impossible to formulate a simple methodology to make this determination, and therefore a flexible standard must be applied to the language of the pleadings with the aim of facilitating substantial justice between the parties.

1993(Board of Education v. A, C & S, Inc. (1989), 131 Ill. 2d 428, 438 .) It is impossible to formulate a simple methodology to make this determination, and therefore a flexible standard must be applied to the language of the pleadings with the aim of facilitating substantial justice between the parties.

1994(Gonzalez v. Thorek Hospital & Medical Center (1991), 143 Ill. 2d 28, 34 .)” La Salle, 249 Ill.

1993(Gonzalez v. Thorek Hospital & Medical Center (1991), 143 Ill. 2d 28, 34 .) The disposition of a motion to strike and dismiss for insufficiency of the pleadings is largely within the sound discretion of the court.

1981“The Kelleher authority commanded unwavering adherence for more than ten years.” However, “[t]he 1977 term of court witnessed a shift in focus from the rigid language of Kelleher to the more flexible standard of Swanson v. Swanson (1977), 51 Ill.

1978The 1977 term of court witnessed a shift in focus from the rigid language of Kelleher to the more flexible standard of Swanson v. Swanson (1977), 51 Ill.

1979Hanson v. Denckla (1958), 357 U.S. 235, 253 , 2 L.

1979Hanson v. Denckla (1958), 357 U.S. 235, 253 , 2 L.

1975In re Interest of Stacey (1973), 16 Ill.

1974In re Interest of Stacey (1973), 16 Ill.App.3d 179, 183 , 305 N.E.2d 634 .

2026The State argues that the supreme court’s holding that appeals from a trial are not considered a separate proceeding, necessarily means that “the trial itself, including pretrial litigation, is not a separate proceeding.” ¶ 38 In defendant’s reply brief, defense counsel acknowledges that the defense’s prior assessment of the state of Illinois law was “incorrect.” While defendant now concedes that, under Jones, the representations in this case were not made in separate proceedings, he continues to maintain that his “overall claim still has merit” because “all of the five prerequisites need not

2025Recent decisions have moved away from this strict application of section 510(c) and toward a more flexible analysis of whether the relationship at issue is “husband-and-wife- like.” In re Marriage of Larsen, 2023 IL App (1st) 230212, ¶ 114 .

2024It is a flexible doctrine “grounded on considerations of fundamental fairness and sensible and effective judicial administration.” (Internal quotation marks omitted.) Id.

2017Russell , 2013 IL 113909 , ¶ 83, 370 Ill.Dec. 12 , 987 N.E.2d 778 .

1996Daubert, 509 U.S. at 591-92 , 125 L.

1996Daubert, 509 U.S. at 591-92 , 125 L.

1994Darrough, 234 Ill.

1994(Gonzalez v. Thorek Hospital & Medical Center (1991), 143 Ill. 2d 28, 34 .)” La Salle, 249 Ill.

1993(Franciscan Sisters, 95 Ill. 2d at 465 ; Henke, 203 Ill.

1993(Franciscan Sisters, 95 Ill. 2d at 463 .) However, both the Franciscan Sisters and Henke courts recognized an exception to this flexible standard of proof to rebut a presumption of undue influence where the fiduciary relationship of the testator and the beneficiary was such that a great deal of confidence was reposed in the beneficiary.

1993(Franciscan Sisters, 95 Ill. 2d at 463 .) However, both the Franciscan Sisters and Henke courts recognized an exception to this flexible standard of proof to rebut a presumption of undue influence where the fiduciary relationship of the testator and the beneficiary was such that a great deal of confidence was reposed in the beneficiary.

1992Cir. 1985), 753 F.2d 88 , and Beaumont v. Brown (1977), 401 Mich. 80 , 257 N.W.2d 522 .

1992Cir. 1985), 753 F.2d 88 , and Beaumont v. Brown (1977), 401 Mich. 80 , 257 N.W.2d 522 .

1992Cir. 1985), 753 F.2d 88 , and Beaumont v. Brown (1977), 401 Mich. 80 , 257 N.W.2d 522 .