near-permanency test (Illinois) · Go Syfert
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near-permanency test in Illinois

8 Illinois opinions name it 1 courts 1992–2010 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
Office Mates 5, North Shore, Inc. v. Hazengreen
illappct · 1992 · cited in 3 Illinois opinions naming this issue, 1997–2005
2 sentences

2005App. 3d at 936 ; see Office Mates 5, 234 Ill.

1997Office Mates 5, North Shore, 234 Ill.

13
Audio Properties, Inc. v. Kovachgreen
illappct · 1995 · cited in 1 Illinois opinions naming this issue, 2003–2003
1 sentence

2003Audio Properties, Inc. v. Kovach , 275 Ill. App. 3d 145, 149 (1995).

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 (9)

CaseCitedYears
Springfield Rare Coin Galleries, Inc. v. Mileham green
illappct · 1993
2 sentences

2005“When the employer’s business is sales of a nonunique product, its customers also do business with its competitors, are generally known to the competitors, or are ascertainable by reference to telephone or specialized directories, the near-permanency test will not be satisfied.” Springfield Rare Coin Galleries, 250 Ill.

1994App. 3d at 935 .) Moreover, “[w]hen the employer’s business is sales of a nonunique product, its customers also do business with its competitors, are generally known to the competitors, or are ascertainable by reference to telephone or specialized directories, the near-permanency test will not be satisfied.” Springfield Rare Coin Galleries, Inc., 250 Ill.

21994–2005
Canfield v. Spear green
ill · 1969
2 sentences

1993(Canfield v. Spear (1969), 44 Ill. 2d 49, 51-52 , 254 N.E.2d 433, 434 .) However, even though engaged in providing professional services, when the evidence indicates the clients utilize several providers of the same type of professional services simultaneously, the near-permanency test will not be satisfied.

1993(Canfield v. Spear (1969), 44 Ill. 2d 49, 51-52 , 254 N.E.2d 433, 434 .) However, even though engaged in providing professional services, when the evidence indicates the clients utilize several providers of the same type of professional services simultaneously, the near-permanency test will not be satisfied.

21992–1993
Hanchett Paper Co. v. Melchiorre green
illappct · 2003
1 sentence

2010However, no fast rules apply in regard to outcome, for as we said in Hanchett, to satisfy the near-permanency test a business need not “show that its customer relationships are perpetual or indissoluble, that it has an exclusive relationship with its customers, or that a near-permanent relationship existed with each customer.” Hanchett, 341 Ill.

12010–2010
Williams & Montgomery, Ltd. v. Stellato green
illappct · 1990
1 sentence

1993Williams & Montgomery, Ltd. v. Stellato (1990), 195 Ill.

11993–1993
Agrimerica, Inc. v. Mathes green
illappct · 1990
1 sentence

1993(Agrimerica, Inc. v. Mathes (1990), 199 Ill.

11993–1993
Lee/O'Keefe Insurance Agency, Inc. v. Ferega green
illappct · 1987
1 sentence

1993App. 3d at 1004 , 516 N.E.2d at 1318 .) The First District Appellate Court has noted factors which are relevant to determining whether the near-permanency test has been met, including (1) the number of years required to develop the clientele; (2) the amount of money invested to acquire clients; (3) the degree of difficulty acquiring clients; (4) the extent of personal customer contact by the employee; (5) the extent of the employer’s knowledge of its clients; (6) the duration of the customers’ association with the employer; and (7) the continuity of the employer-customer relationships.

11993–1993
Millard Maintenance Service Co. v. Bernero green
illappct · 1990
1 sentence

1992With respect to enforcement of restrictive covenants on this ground, we have specifically rejected the notion that “ ‘only trade secrets — as distinct from confidential information — are entitled to legal protection.’ ” (Millard Maintenance Service Co., 207 Ill.

11992–1992
Cockerill v. Wilson green
ill · 1972
2 sentences

1992The near-permanency test has as its origin the supreme court cases of Canfield v. Spear (1969), 44 Ill. 2d 49 , 254 N.E.2d 433 , and Cockerill v. Wilson (1972), 51 Ill. 2d 179 , 281 N.E.2d 648 .

1992The near-permanency test has as its origin the supreme court cases of Canfield v. Spear (1969), 44 Ill. 2d 49 , 254 N.E.2d 433 , and Cockerill v. Wilson (1972), 51 Ill. 2d 179 , 281 N.E.2d 648 .

11992–1992
Label Printers v. Pflug green
illappct · 1991
1 sentence

1992(See Label Printers v. Pflug (1991), 206 Ill.

11992–1992

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