47 Illinois opinions name it 2 courts 2004–2026 15 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 |
|---|---|---|
Zahl v. Krupagreen2 sentences2019Id. 15 No. 1-18-2433 ¶ 47 While agency itself is a legal concept, “the existence and scope of an agency relationship is a fact-intensive inquiry” generally reserved for the trier of fact, “unless the parties’ relationship is so clear so as to be undisputed.” Zahl v. Krupa, 365 Ill. 2007See Zahl v. Krupa, 365 Ill. | 3 | 3 |
Lamb-Rosenfeldt v. Burke Medical Groupgreen2 sentences2016“The focus of this factor is whether or not ‘the patient knows, or should have known, that the physician is an independent contractor.’ ” Lamb-Rosenfeldt, 2012 IL App (1st) 101558, ¶ 26 (quoting Gilbert, 156 Ill. 2d at 524 ). ¶ 52 It is undisputed that NMH holds itself out as a “full service hospital.” More relevant to this case, however, are the facts showing that NMH also promotes itself as a community-oriented hospital that collaborates with neighborhood centers, including Erie, to make quality health care available to those in need. 2016“The focus of this factor is whether or not ‘the patient knows, or should have known, that the physician is an independent contractor.’ ” Lamb-Rosenfeldt, 2012 IL App (1st) 101558, ¶ 26 (quoting Gilbert, 156 Ill. 2d at 524 ). ¶ 52 It is undisputed that NMH holds itself out as a “full service hospital.” More relevant to this case, however, are the facts showing that NMH also promotes itself as a community-oriented hospital that collaborates with neighborhood centers, including Erie, to make quality health care available to those in need. | 3 | 3 |
McRoberts v. Bridgestone Americas Holding, Inc.green2 sentences2025Holding, Inc., 365 Ill. 2022Id. | 2 | 5 |
In Re Marriage of Tietzgreen2 sentences2026Id. ¶ 72 The decision of whether dissipation has occurred is a fact intensive inquiry that depends upon the unique facts of each individual case and often calls upon the trial court to make a credibility determination as to the explanation given by the party charged with dissipation on how the marital funds were used. 2023Id. ¶ 85 The decision of whether dissipation has occurred is a fact intensive inquiry that depends upon the unique facts of each individual case and often calls upon the trial court to make a credibility determination as to the explanation given by the party charged with dissipation on how the marital funds were used. | 2 | 4 |
Tomra Hinkle, a Minor, by Patricia Hinkle, Her Mother and Next Friend, and Patricia Hinkle and Thomas Hinkle, Individually v. William Henderson, M.D.green2 sentences2006In other words, the trial court's determination of a plaintiff's lack of diligence "is a fact-intensive inquiry suited to balancing, not bright lines." Hinkle, 135 F.3d at 524 . 2006In other words, the trial court’s determination of a plaintiffs lack of diligence “is a fact-intensive inquiry suited to balancing, not bright lines.” Hinkle, 135 F.3d at 524 . | 2 | 4 |
In re Marriage of Browngreen2 sentences2026See Brown, 2015 IL App (5th) 140062, ¶ 59 ; Tietz, 238 Ill. 27 App. 3d at 983-84. 2023See Brown, 2015 IL App (5th) 140062, ¶ 59 ; Tietz, 238 Ill. | 2 | 2 |
McNamee v. Sandoregreen2 sentences2021Summers also stated that his “team from Taipei” was involved in negotiating the CSA. ¶ 56 “While agency is a legal concept, the existence and scope of an agency relationship is a fact-intensive inquiry reserved for the finder of fact unless the parties’ relationship is so clear as to be undisputed.” McNamee v. Sandore, 373 Ill. 2019App. 3d 653, 661 (2006); McNamee v. Sandore, 373 Ill. | 2 | 2 |
Marshall & Huschart Machinery Co. v. Department of Revenuegreen2 sentences2013Marshall & Huschart Machinery Co. v. Department of Revenue, 18 Ill. 2d 496, 501 (1960). ¶ 32 In sum, there is a wealth of precedent that, under the Retailers’ Occupation Tax Act, whether the taxable “business of selling” is being carried on requires a fact-intensive inquiry, to determine “each case according to the facts.” See Ex-Cell-O, 383 Ill. at 321-22 . 2013Marshall & Huschart Machinery Co. v. Department of Revenue, 18 Ill. 2d 496, 501 (1960). ¶ 32 In sum, there is a wealth of precedent that, under the Retailers’ Occupation Tax Act, whether the taxable “business of selling” is being carried on requires a fact-intensive inquiry, to determine “each case according to the facts.” See Ex-Cell-O, 383 Ill. at 321-22 . | 2 | 2 |
In Re Grand Jury Subpoena, Dated April 18, 2003, John Doe v. United Statesgreen2 sentences2010Ed. 2d at 56 , 96 S. Ct. at 1581 ; see also In re Grand Jury Subpoena, Dated April 18, 2003, 383 F.3d 905, 909 (9th Cir. 2004) (In re 2003 Grand Jury Subpoena) (“Whether the act of production has a testimonial aspect sufficient to attract Fifth Amendment protection is a fact-intensive inquiry”). 2010Fisher, 425 U.S. at 410 , 96 S.Ct. at 1581 , 48 L.Ed.2d at 56 ; see also In re Grand Jury Subpoena, Dated April 18, 2003, 383 F.3d 905, 909 (9th Cir.2004) *812 ( In re 2003 Grand Jury Subpoena ) ("Whether the act of production has a testimonial aspect sufficient to attract Fifth Amendment protection is a fact-intensive inquiry"). | 2 | 2 |
Sollami v. Eatongreen2 sentences2009See Sollami, 201 Ill. 2d at 14 (citing the use of the trampoline in disregard of the warnings as a factor in determining the obviousness of the risk). 2009See Sollami, 201 Ill.2d at 14 , 265 Ill.Dec. 177 , 772 N.E.2d 215 (citing the use of the trampoline in disregard of the warnings as a factor in determining the obviousness of the risk). | 2 | 2 |
Ex-Cell-O Corp. v. McKibbingreen2 sentences2025(West 2012)), determining whether a taxable “business of selling” is being conducted “requires a fact-intensive inquiry, to determine ‘each case according to the facts.’ ” Hartney Fuel Oil Co., 2013 IL 115130, ¶ 32 (quoting Ex- Cell-O Corp. v. McKibbin, 383 Ill. 316, 321-22 (1943)). 2013Marshall & Huschart Machinery Co. v. Department of Revenue, 18 Ill. 2d 496, 501 (1960). ¶ 32 In sum, there is a wealth of precedent that, under the Retailers’ Occupation Tax Act, whether the taxable “business of selling” is being carried on requires a fact-intensive inquiry, to determine “each case according to the facts.” See Ex-Cell-O, 383 Ill. at 321-22 . | 1 | 2 |
Hartney Fuel Oil Company v. Board of Trustees of the Village of Forest View, etc.green1 sentence2025(West 2012)), determining whether a taxable “business of selling” is being conducted “requires a fact-intensive inquiry, to determine ‘each case according to the facts.’ ” Hartney Fuel Oil Co., 2013 IL 115130, ¶ 32 (quoting Ex- Cell-O Corp. v. McKibbin, 383 Ill. 316, 321-22 (1943)). | 1 | 1 |
People v. Trzeciakgreen1 sentence2024See Trzeciak, 2013 IL 114491, ¶ 51 (“Whether a particular communication is privileged as having been made in reliance upon the marital confidence depends on the nature and form of the communication and the circumstances immediately surrounding its making. | 1 | 1 |
Rockford Financial Systems, Inc. v. Borgettigreen1 sentence2021Applying what is in actuality “a de novo review of a fact- intensive inquiry suited not to bright lines but to balancing leads to nothing more than an - 10 - 2021 IL App (2d) 191059-U imposition of this court’s judgment over that of the trial court.” Rockford Financial Systems, Inc. v. Borgetti, 403 Ill. | 1 | 1 |
In Re Marriage of Berkgreen1 sentence2020Because of the fact- intensive inquiry, there is no bright-line test, and “therefore, citation to and discussion of prior removal cases is of little value.” In re Marriage of Berk, 215 Ill. | 1 | 1 |
In Re Marriage of Johnsongreen1 sentence2020App. 3d 459, 465-66 (1991). 3 Moreover, “rarely will the facts and circumstances in two separate removal cases be comparable.” In re Marriage of Johnson, 352 Ill. | 1 | 1 |
United States v. Arvizugreen1 sentence2016United States v. Arvizu, 534 U.S. 266, 273 (2002); People v. Timmsen, 2016 IL 118181, ¶ 14 . | 1 | 1 |
| Evitts v. DaimlerChrysler Motors Corp.green | 1 | 1 |
| Hollywood Trucking, Inc. v. Wattersgreen | 1 | 1 |
| Cropmate Co. v. Industrial Commissiongreen | 1 | 1 |
| Roberson v. INDUSTRIAL COM'Ngreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In re Marriage of Dhillon
green
2 sentences2026“The issue of dissipation is generally a fact-intensive inquiry that calls upon the trial court to make a credibility determination as to the explanation given by the spouse charged with dissipation as to how the funds were used.” In re Marriage of Dhillon, 2014 IL App (3d) 130653, ¶ 36 . 2016This is “generally a fact-intensive inquiry that calls upon the trial court to make a credibility determination as to the explanation given by the spouse charged with dissipation as to how the funds were used.” Dhillon, 2014 IL App (3d) 130653, ¶ 36 . | 3 | 2016–2026 |
Gilbert v. Sycamore Municipal Hospital
green
2 sentences2016App. 3d 636, 651 (2007) (“While agency is a legal concept, the existence and scope of an agency relationship is a fact-intensive inquiry reserved for the finder of fact unless the parties’ relationship is so clear as to be undisputed.”). ¶ 51 As stated, the first two elements of apparent authority require a showing that “the hospital, or its agent, acted in a manner that would lead a reasonable person to conclude that the individual who was alleged to be negligent was an employee or agent of the hospital,” and if the agent’s acts created “the appearance of authority, the plaintiff must also pr 2016App. 3d 636, 651 (2007) (“While agency is a legal concept, the existence and scope of an agency relationship is a fact-intensive inquiry reserved for the finder of fact unless the parties’ relationship is so clear as to be undisputed.”). ¶ 51 As stated, the first two elements of apparent authority require a showing that “the hospital, or its agent, acted in a manner that would lead a reasonable person to conclude that the individual who was alleged to be negligent was an employee or agent of the hospital,” and if the agent’s acts created “the appearance of authority, the plaintiff must also pr | 3 | 2016–2016 |
Lewis v. Dillon
green
2 sentences2020Lewis, 352 Ill. 2019As these courts have noted, the abuse of discretion standard is appropriate in cases involving undisputed facts or the interpretation of case law because, for cases involving the application of Rule 103(b), our supreme court has clearly indicated “the trial court’s determination of a plaintiff’s lack of diligence is ‘a fact-intensive inquiry suited to balancing, not bright lines.’ [Citation.]” Lewis, 352 Ill. | 2 | 2019–2020 |
Tomei v. Tomei
green
2 sentences2018There, the court held that “the direct solicitation of insurance customers, as opposed to a general advertisement, suggests a private communication directed at a person or persons, known by the solicitor to have an immediate or potential need for insurance.” Id. ¶ 28 QTS argues that Tomei is instructive and supports QTS’s argument that a proper analysis of whether a party has “solicited” business involves a fact-intensive inquiry of multiple considerations regarding the conduct of each party. 2017There, the court held that "the direct solicitation of insurance customers, as opposed to a general advertisement, suggests a private communication directed at a person or persons, known by the solicitor to have an immediate or potential need for insurance." Id. ¶ 28 QTS argues that Tomei is instructive and supports QTS's argument that a proper analysis of whether a party has "solicited" business involves a fact-intensive inquiry of multiple considerations regarding the conduct of each party. | 2 | 2017–2018 |
Reed v. Northwestern Publishing Co.
green
2 sentences2014Id. at 511, 530 N.E.2d at 481 . ¶ 25 3. 2014Id. at 511, 530 N.E.2d at 481 . ¶ 25 3. | 2 | 2014–2014 |
Fisher v. United States
green
2 sentences2010Ed. 2d at 56 , 96 S. Ct. at 1581 ; see also In re Grand Jury Subpoena, Dated April 18, 2003, 383 F.3d 905, 909 (9th Cir. 2004) (In re 2003 Grand Jury Subpoena) (“Whether the act of production has a testimonial aspect sufficient to attract Fifth Amendment protection is a fact-intensive inquiry”). 2010Fisher, 425 U.S. at 410 , 96 S.Ct. at 1581 , 48 L.Ed.2d at 56 ; see also In re Grand Jury Subpoena, Dated April 18, 2003, 383 F.3d 905, 909 (9th Cir.2004) *812 ( In re 2003 Grand Jury Subpoena ) ("Whether the act of production has a testimonial aspect sufficient to attract Fifth Amendment protection is a fact-intensive inquiry"). | 2 | 2010–2010 |
Womick v. Jackson County Nursing Home
green
2 sentences2004Nonetheless, it has been noted that the Illinois Supreme Court, in applying Rule 103(b) on numerous occasions, has made clear that the trial court’s determination of a plaintiffs lack of diligence is “a fact-intensive inquiry suited to balancing, not bright lines.” Hinkle v. Henderson, 135 F.3d 521, 524 (7th Cir. 1998), citing Womick v. Jackson County Nursing Home, 137 Ill. 2d 371 , 561 N.E.2d 25 (1990) (and cases cited therein). 2004Nonetheless, it has been noted that the Illinois Supreme Court, in applying Rule 103(b) on numerous occasions, has made clear that the trial court’s determination of a plaintiffs lack of diligence is “a fact-intensive inquiry suited to balancing, not bright lines.” Hinkle v. Henderson, 135 F.3d 521, 524 (7th Cir. 1998), citing Womick v. Jackson County Nursing Home, 137 Ill. 2d 371 , 561 N.E.2d 25 (1990) (and cases cited therein). | 2 | 2004–2004 |
Tri-G, Inc. v. Burke, Bosselman & Weaver
green
1 sentence2024No factors guide the analysis; rather, it is a fact-intensive inquiry that differs case to case.” Id. ¶ 38 We find that the trial court’s award of lost profits was not against the manifest weight of the evidence. | 1 | 2024–2024 |
New York State Rifle & Pistol Assn., Inc. v. Bruen
green
2 sentences2023Instead, second amendment claims involve a fact- intensive inquiry asking (1) whether a plaintiff has shown that the regulated items fall in the category of “bearable arms” (id. at ___, 142 S. Ct. at 2132 ) that are “commonly used” for self-defense today (id. at ___, 142 S. Ct. at 2138 ) and, if so, (2) whether the restrictions are consistent with “this Nation’s historical tradition of firearm regulation” (id. at ___, 142 S. Ct. at 2126 ). ¶ 35 For two reasons, these issues were never raised or considered below. 2023Instead, second amendment claims involve a fact- intensive inquiry asking (1) whether a plaintiff has shown that the regulated items fall in the category of “bearable arms” (id. at ___, 142 S. Ct. at 2132 ) that are “commonly used” for self-defense today (id. at ___, 142 S. Ct. at 2138 ) and, if so, (2) whether the restrictions are consistent with “this Nation’s historical tradition of firearm regulation” (id. at ___, 142 S. Ct. at 2126 ). ¶ 35 For two reasons, these issues were never raised or considered below. | 1 | 2023–2023 |
Emrikson v. Morfin
green
1 sentence2022Emrikson, 2012 IL App (1st) 111687, ¶ 14 . ¶ 25 Consideration of a party’s diligence, or lack thereof, under Rule 103(b) is a fact-intensive inquiry. | 1 | 2022–2022 |
People v. Lara
green
1 sentence2022People v. Lara, 2012 IL 112370, ¶ 26 . ¶ 54 To prove defendant guilty of AUUW as charged in Count III, the State had to prove beyond a reasonable doubt that he knowingly carried in any vehicle, when not on his land or in his abode, legal dwelling, or fixed place of business, or on the land of or in the legal dwelling of another person as an invitee with that person’s permission, an uncased, loaded, and immediately accessible firearm, and that he had not been issued a currently valid FOID card or CCL. | 1 | 2022–2022 |
Petrovich v. Share Health Plan of Illinois, Inc.
green
1 sentence2019Id. 15 No. 1-18-2433 ¶ 47 While agency itself is a legal concept, “the existence and scope of an agency relationship is a fact-intensive inquiry” generally reserved for the trier of fact, “unless the parties’ relationship is so clear so as to be undisputed.” Zahl v. Krupa, 365 Ill. | 1 | 2019–2019 |
People v. Timmsen
green
1 sentence2016United States v. Arvizu, 534 U.S. 266, 273 (2002); People v. Timmsen, 2016 IL 118181, ¶ 14 . | 1 | 2016–2016 |
| Onwentsia Club v. Illinois Property Tax Appeal Board neutral | 1 | 2013–2013 |
| Rockford Financial Systems v. Borgetti green | 1 | 2012–2012 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.