section 2-619(a) affirmative defense (Illinois) · Go Syfert
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section 2-619(a) affirmative defense in Illinois

9 Illinois opinions name it 1 courts 1999–2025 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.

Followed or applied (3)

CaseFollowedCited
In re Estate of Schlenkergreen
ill · 2004 · cited in 4 Illinois opinions naming this issue, 2015–2018
2 sentences

2018In re Estate of Schlenker , 209 Ill. 2d 456 , 461, 283 Ill.Dec. 707 , 808 N.E.2d 995 (2004) ; 735 ILCS 5/2-619(a)(9) (West 2014).

2018In re Estate of Schlenker , 209 Ill. 2d 456 , 461, 283 Ill.Dec. 707 , 808 N.E.2d 995 (2004) ; 735 ILCS 5/2-619(a)(9) (West 2014).

34
Bedin v. Northwestern Memorial Hospitalgreen
illappct · 2021 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025Bedin, 2021 IL App (1st) 190723, ¶ 39 (“The absolute litigation privilege is an affirmative defense that may be raised and determined in a motion to dismiss brought under section 2-619.”). ¶ 36 As explained above, we determined that the litigation privilege applied to defeat the second element of a defamation claim (an unprivileged publication of an allegedly defamatory statement to a third party).

11
In re Marriage of Schneeweisgreen
illappct · 2016 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025See In re Marriage of Schneeweis, 2016 IL App (2d) 140147, ¶ 46 (declining to address arguments that were not raised in the trial court). ¶ 45 Forfeiture notwithstanding, Nationstar maintains the acceleration letter was mailed via first class mail, and U.S. Bank argues the Kindts’ allegation that the letter was mailed via certified mail is unsworn, self-serving, and unsupported by the record. ¶ 46 In their reply brief, the Kindts argue, for the first time, that Nationstar improperly moved to dismiss their affirmative defense pursuant to section 2-619(a)(9) of the Code because it was limited to

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
Lyons v. Ryan green
illappct · 2001
1 sentence

2002App. 3d 1094, 1101 , 756 N.E.2d 396 (2001) (the standing issue here is both jurisdictional and constitutional in nature; the fact that standing is an affirmative defense under section 2-619 does not preclude it from being jurisdictional).

12002–2002
Health Cost Controls v. Sevilla green
illappct · 1999
1 sentence

2000Health Cost Controls v. Sevilla, 307 Ill.

12000–2000
Kedzie and 103rd Currency Exchange, Inc. v. Hodge green
ill · 1993
1 sentence

1999Kedzie & 103rd Currency Exchange , 156 Ill. 2d at 115 .

11999–1999

Statutes the citing opinions construe

IL § 735 ILCS 5/2-619 (9) IL § 735 ILCS 5/2-615 (3)

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.

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