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6 Illinois opinions name it 1 courts 2016–2026 2 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 |
|---|---|---|
Clark v. Clarkgreen2 sentences2026See id. (citing Clark v. Clark, 398 Ill. 592, 602 (1947)). 2023See Collins, 2018 IL App (4th) 170443, ¶ 26 (citing Clark v. Clark, 398 Ill. 592, 602 , 76 N.E.2d 446, 451 (1947)). | 4 | 5 |
Collins v. Noltensmeiergreen2 sentences2023See Collins, 2018 IL App (4th) 170443, ¶ 26 (citing Clark v. Clark, 398 Ill. 592, 602 , 76 N.E.2d 446, 451 (1947)). 2023“If the agent rebuts the presumption of fraud, the transaction in question will be upheld.” Collins, 2018 IL App (4th) 170443 , ¶ 26 (citing 755 ILCS 45/2- 7(a) (West 2010) (agent who acts with due care for the benefit of the principal will not be held liable merely because the act also benefits the agent)). - 11 - ¶ 38 When a conveyance is not procured through improper means attended with circumstances of oppression or overreaching but was entered into by the principal with full knowledge of its nature and effect and because of his or her deliberate, voluntary, and intelligent desire, the exi | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Spring Valley Nursing Center v. Allen
green
2 sentences2020Spring Valley Nursing Center, L.P., 2012 IL App (3d) 110915, ¶ 13 . ¶ 88 A rebuttable presumption does not shift the burden of proof, and is not evidence itself, but arises as a rule of law or legal conclusion, which establishes a prima facie case of undue influence, in the absence of evidence to the contrary. 2016See 755 ILCS 45/2-7(a) (West 2014) (agent who acts with due care for the benefit of the principal will not be held liable merely because the act also benefits the agent); Clark, 398 Ill. at 602 ("[i]f a conveyance was not procured through improper means attended with circumstances of oppression or overreaching, but was entered into 8 by the grantor with full knowledge of its nature and effect and because of his or her deliberate, voluntary and intelligent desire, the existence of a fiduciary relation does not invalidate the transaction"); Spring Valley Nursing Center, L.P., 2012 IL App (3d) 11 | 2 | 2016–2020 |
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.