suitable test (Illinois) · Go Syfert
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suitable test in Illinois

5 Illinois opinions name it 1 courts 1955–2013 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
Reber v. Reissgreen
pasuperct · 2012 · cited in 1 Illinois opinions naming this issue, 2013–2013
2 sentences

2013Under the circumstances, the court found that “the balancing approach [was] the most suitable test” and concluded that the balance of interests weighed in the wife’s favor because “Husband and Wife never made an agreement prior to undergoing IVF, and these pre-embryos are likely Wife’s only opportunity to achieve biological parenthood and her best chance to achieve parenthood at all.” Reber, 42 A.3d at 1136, 1142 . ¶ 37 Courts applying the balancing approach have noted that a party’s inability to have a child weighs in his or her favor.

2013See Reber, 42 A.3d at 1140 ; Davis, 842 S.W.2d at 604 (noting that “[t]he case would be closer if [wife] were seeking to use the preembryos herself, but only if she could not achieve parenthood by any other reasonable means”); but see J.B. v. M.B., 783 A.2d 707, 720 (N.J. 2001) (expressing “no opinion in respect of a case in which a party who has become infertile seeks use of stored preembryos against the wishes of his or her partner, noting only that the possibility of adoption also may be a consideration, among others, in the court’s assessment”).

11
Davis v. Davisgreen
tenn · 1992 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013See Reber, 42 A.3d at 1140 ; Davis, 842 S.W.2d at 604 (noting that “[t]he case would be closer if [wife] were seeking to use the preembryos herself, but only if she could not achieve parenthood by any other reasonable means”); but see J.B. v. M.B., 783 A.2d 707, 720 (N.J. 2001) (expressing “no opinion in respect of a case in which a party who has become infertile seeks use of stored preembryos against the wishes of his or her partner, noting only that the possibility of adoption also may be a consideration, among others, in the court’s assessment”).

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Distinguished, questioned or overruled (1)

CaseNegativeCited
Jb v. Mbgreen
nj · 2001 · cited in 1 Illinois opinions naming this issue, 2013–2013
1 sentence

2013See Reber, 42 A.3d at 1140 ; Davis, 842 S.W.2d at 604 (noting that “[t]he case would be closer if [wife] were seeking to use the preembryos herself, but only if she could not achieve parenthood by any other reasonable means”); but see J.B. v. M.B., 783 A.2d 707, 720 (N.J. 2001) (expressing “no opinion in respect of a case in which a party who has become infertile seeks use of stored preembryos against the wishes of his or her partner, noting only that the possibility of adoption also may be a consideration, among others, in the court’s assessment”).

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Also cited on this issue (3)

CaseCitedYears
People v. Ambrose green
illappct · 1975
2 sentences

2002This is not such a case." Ambrose , 28 Ill.

2002This is not such a case.” Ambrose, 28 Ill.

21981–2002
The People v. Lobb green
ill · 1959
2 sentences

1997People v. Lobb, 17 Ill. 2d 287, 300 , 161 N.E.2d 325 (1959).

1997People v. Lobb, 17 Ill. 2d 287, 300 , 161 N.E.2d 325 (1959).

11997–1997
Consolidated Ice Machine Co. v. Keifer green
· 1890
1 sentence

1955Co. v. Keifer, 134 Ill. 481, 494 , under which, in the instant case, there was no error in admitting testimony, proper to one defendant, so long as the other defendant was protected by a suitable instruction.

11955–1955

Where else courts name it

NY 54 (1892–2025) CA 19 (1908–2023) PA 9 (1979–2023) NE 8 (1908–2019) FL 5 (1978–2025) MA 5 (1927–2015) IL 5 (1955–2013) IA 4 (1976–1980) WA 3 (1984–2020) TX 3 (1987–2022) NJ 3 (1975–1983) MS 3 (1992–2000) MD 3 (1996–2021) NM 3 (1991–2017) ND 2 (2022–2022) LA 2 (1982–1983) MO 2 (1963–1989) OK 2 (1976–1987) OR 2 (1900–2022) DC 2 (2002–2012)

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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