Diocese motion (Illinois) · Go Syfert
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Diocese motion in Illinois

5 Illinois opinions name it 1 courts 1997–2011 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 (4)

CaseFollowedCited
Hutchison v. Luddygreen
pasuperct · 1992 · cited in 2 Illinois opinions naming this issue, 2004–2004
2 sentences

2004Regarding the Diocese’s claim of protection under the clergy member privilege, the trial court adopted the following remarks from the Pennsylvania Superior Court in the case of Hutchison v. Luddy, 414 Pa. Super. 138, 146-47 , 606 A.2d 905, 909 (1992): “This privilege protects ‘priest-penitent’ communications; it does not protect information regarding the manner in which a religious institution conducts its affairs or information acquired by a church as a result of independent investigations not involving confidential communications between priest and penitent.” The trial court also held that t

2004Regarding the Diocese’s claim of protection under the clergy member privilege, the trial court adopted the following remarks from the Pennsylvania Superior Court in the case of Hutchison v. Luddy, 414 Pa. Super. 138, 146-47 , 606 A.2d 905, 909 (1992): “This privilege protects ‘priest-penitent’ communications; it does not protect information regarding the manner in which a religious institution conducts its affairs or information acquired by a church as a result of independent investigations not involving confidential communications between priest and penitent.” The trial court also held that t

22
Outboard Marine Corp. v. Liberty Mutual Insurancegreen
ill · 1992 · cited in 2 Illinois opinions naming this issue, 1997–1997
2 sentences

1997Interstate was thus placed in the unusual position of having to deny that any sexual misconduct occurred in 1985 in order to avoid the entry of summary judgment against it on the Diocese’s motion (Outboard Marine Corp., 154 Ill. 2d 90 (summary judgment improper where there are issues of material fact)), while simultaneously assuming that it did occur in 1985 for purposes of its own motion ( 154 Ill. 2d at 131-32 (pleadings must be construed strictly in favor of the nonmovant)).

1997Interstate was thus placed in the unusual position of having to deny that any sexual misconduct occurred in 1985 in order to avoid the entry of summary judgment against it on the Diocese’s motion (Outboard Marine Corp., 154 Ill. 2d 90 (summary judgment improper where there are issues of material fact)), while simultaneously assuming that it did occur in 1985 for purposes of its own motion ( 154 Ill. 2d at 131-32 (pleadings must be construed strictly in favor of the nonmovant)).

22
Vaughn v. Speakergreen
ill · 1988 · cited in 1 Illinois opinions naming this issue, 2011–2011
2 sentences

2011See Vaughn v. Speaker, 126 Ill. 2d 150, 167 , 533 N.E.2d 885, 892 (1988) (“the estoppel issue should be determined by a trier of fact other than the jury which may determine the merits of the negligence action” and “may be determined by the circuit court”).

2011See Vaughn v. Speaker, 126 Ill. 2d 150, 167 , 533 N.E.2d 885, 892 (1988) (“the estoppel issue should be determined by a trier of fact other than the jury which may determine the merits of the negligence action” and “may be determined by the circuit court”).

11
Chicago Park District v. Kenroy, Inc.green
ill · 1980 · cited in 1 Illinois opinions naming this issue, 2011–2011
2 sentences

2011We find Chicago Park District v. Kenroy, Inc., 78 Ill. 2d 555, 563 , 402 N.E.2d 181, 185 (1980), instructive in analyzing the circuit court’s denial of the Diocese’s motion for a judgment n.o.v. on the issue of fraudulent concealment.

2011We find Chicago Park District v. Kenroy, Inc., 78 Ill. 2d 555, 563 , 402 N.E.2d 181, 185 (1980), instructive in analyzing the circuit court’s denial of the Diocese’s motion for a judgment n.o.v. on the issue of fraudulent concealment.

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 (3)

CaseCitedYears
Clay v. Kuhl green
ill · 2000
2 sentences

2011The trial court in the present case would have erred if it had taken this factual decision away from the jury and decided the issue as a. matter of law by granting the Diocese’s motion for a judgment n.o.v: The Diocese also cites Clay v. Kuhl, 189 Ill. 2d 603 , 727 N.E.2d 217 (2000), and Parks v. Kownacki, 193 Ill. 2d 164 , 737 N.E.2d 287 (2000), in support of its argument.

2011The trial court in the present case would have erred if it had taken this factual decision away from the jury and decided the issue as a. matter of law by granting the Diocese’s motion for a judgment n.o.v: The Diocese also cites Clay v. Kuhl, 189 Ill. 2d 603 , 727 N.E.2d 217 (2000), and Parks v. Kownacki, 193 Ill. 2d 164 , 737 N.E.2d 287 (2000), in support of its argument.

12011–2011
Ford v. Herman green
illappct · 2000
2 sentences

2011In Ford v. Herman, 316 Ill.

2011In Ford v. Herman, 316 Ill.

12011–2011
Parks v. Kownacki green
ill · 2000
2 sentences

2011The trial court in the present case would have erred if it had taken this factual decision away from the jury and decided the issue as a. matter of law by granting the Diocese’s motion for a judgment n.o.v: The Diocese also cites Clay v. Kuhl, 189 Ill. 2d 603 , 727 N.E.2d 217 (2000), and Parks v. Kownacki, 193 Ill. 2d 164 , 737 N.E.2d 287 (2000), in support of its argument.

2011The trial court in the present case would have erred if it had taken this factual decision away from the jury and decided the issue as a. matter of law by granting the Diocese’s motion for a judgment n.o.v: The Diocese also cites Clay v. Kuhl, 189 Ill. 2d 603 , 727 N.E.2d 217 (2000), and Parks v. Kownacki, 193 Ill. 2d 164 , 737 N.E.2d 287 (2000), in support of its argument.

12011–2011

Where else courts name it

NY 6 (1999–2025) IL 5 (1997–2011) IN 3 (2001–2010) TN 3 (2008–2012) VA 2 (2008–2025) ME 2 (2005–2011) OH 2 (2012–2025) KY 2 (2002–2002)

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.

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