mere fact defense (Illinois) · Go Syfert
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mere fact defense in Illinois

21 Illinois opinions name it 2 courts 1900–2025 3 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 (8)

CaseFollowedCited
Dillenbeck v. Hessgreen
ny · 1989 · cited in 2 Illinois opinions naming this issue, 2019–2019
2 sentences

2019App.3d 214, 217 (1979)], (‘[i]mplicit in every testimonial privilege is the assumption that the privileged matter may indeed be highly probative of the issues in dispute’).” In Dillenbeck v. Hess, 536 N.E.2d 1126, 1133 (N.Y. 1989), the New York Court of Appeals stated: “Moreover, the mere fact that the privilege presents an obstacle to plaintiffs’ discovery of legally pertinent information that would assist them in proving their claim is not, as the dissent seems to suggest, evidence that the privilege is not properly recognized in this case.

2019In Dillenbeck v. Hess, 536 N.E.2d 1126, 1133 (N.Y. 1989), the New York Court of Appeals stated: - 16 - “Moreover, the mere fact that the privilege presents an obstacle to plaintiffs’ discovery of legally pertinent information that would assist them in proving their claim is not, as the dissent seems to suggest, evidence that the privilege is not properly recognized in this case.

22
People v. Donohogreen
ill · 2003 · cited in 2 Illinois opinions naming this issue, 2018–2019
2 sentences

2019People v. Donoho, 204 Ill. 2d 159, 170 (2003).

2018People v. Donoho , 204 Ill. 2d 159 , 170, 273 Ill.Dec. 116 , 788 N.E.2d 707 (2003).

12
People v. Vincentgreen
illappct · 1988 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025People v. Vincent, 165 Ill.

11
People v. Ressagreen
illappct · 2019 · cited in 1 Illinois opinions naming this issue, 2024–2024
2 sentences

2024See People v. Ressa, 2019 IL App (2d) 170439, ¶ 25 , 125 N.E.3d 487 (“[T]he record here does not reveal whether counsel investigated the issue.

2024See People v. Ressa, 2019 IL App (2d) 170439, ¶ 25 , 125 N.E.3d 487 (“[T]he record here does not reveal whether counsel investigated the issue.

11
People v. Faulknergreen
illappct · 1997 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023A strategy must be more than unsuccessful to support a Strickland claim, and “must appear irrational and unreasonable in light of the circumstances that defense counsel confronted at the time.” People v. Faulkner, 292 Ill.

11
Murphy v. Cuesta, Rey & Co.green
ill · 1942 · cited in 1 Illinois opinions naming this issue, 1978–1978
1 sentence

1978The mere fact that the hearing officer acted as the representative of the Department does not in itself constitute a constitutional deprivation of due process particularly since the finding of the Department’s representative can be no more than a recommendation and does not amount to a finding until it is passed upon by the director of the department or the court judicially reviewing the case See Murphy v. Cuesta, Rey & Co., 381 Ill. 162, 166-67 (1942).

11
Withrow v. Larkingreen
scotus · 1975 · cited in 1 Illinois opinions naming this issue, 1978–1978
2 sentences

1978See also Withrow v. Larkin, 421 U.S. 35, 57-58 , 43 L.

1978See also Withrow v. Larkin, 421 U.S. 35, 57-58 , 43 L.

11
Pepper v. Littongreen
scotus · 1939 · cited in 1 Illinois opinions naming this issue, 1974–1974
2 sentences

1974All these cases have followed Pepper v. Litton, 308 U.S. 295, 305, 306 , 84 L.Ed. 281, 288 , 60 S.Ct. 238, 244 , wherein the Supreme Court said: “Hence, this Court has held that a bankruptcy court has full power to inquire into the validity of any claim L.Ed. 288 asserted against the estate. * * * And the mere fact that a claim has been reduced to judgment does not prevent such an inquiry.

1974All these cases have followed Pepper v. Litton, 308 U.S. 295, 305, 306 , 84 L.Ed. 281, 288 , 60 S.Ct. 238, 244 , wherein the Supreme Court said: “Hence, this Court has held that a bankruptcy court has full power to inquire into the validity of any claim L.Ed. 288 asserted against the estate. * * * And the mere fact that a claim has been reduced to judgment does not prevent such an inquiry.

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 (11)

CaseCitedYears
People v. Gacy green
ill · 1988
2 sentences

2018Id. at 136 . ¶ 108 Although we recognized that an attorney’s acquisition of a financial stake in the litigation directly adverse to the client’s interests would give rise to a per se conflict, we held that the mere fact that defense counsel was offered but declined a book deal was an insufficient basis on which to find such a conflict.

2018Id. at 136 . ¶ 108 Although we recognized that an attorney’s acquisition of a financial stake in the litigation directly adverse to the client’s interests would give rise to a per se conflict, we held that the mere fact that defense counsel was offered but declined a book deal was an insufficient basis on which to find such a conflict.

32017–2018
People v. Paul green
illappct · 1999
2 sentences

2001Paul , 304 Ill.

2001Paul, 304 Ill.

22001–2001
People v. Attaway green
illappct · 1976
2 sentences

1979App. 3d 837 , 354 N.E.2d 448 , appeal denied (1976), 64 Ill. 2d 596 .) The mere fact the defense has discovered a new argument is insufficient.

1978App. 3d 837 , 354 N.E.2d 448 , appeal denied (1976), 64 Ill. 2d 596 .) The mere fact the defense has discovered a new argument is insufficient.

21978–1979
River Park, Inc. v. City of Highland Park green
ill · 1998
1 sentence

2020However, the mere fact that a claim was not raised in the earlier litigation does not mean that a plaintiff has the ability to raise it later. “[S]eparate claims will be considered the same cause of action for purposes of res judicata if they arose from a single group of operative facts, regardless of whether they assert different theories of relief.” River Park, 184 Ill. 2d at 311 .

12020–2020
People v. Loferski green
illappct · 1992
1 sentence

2020Moreover, defendant’s reliance on People v. Loferski, 235 Ill.

12020–2020
Brown v. Hannagan green
mass · 1911
2 sentences

1974As the merger of a claim into a judgment does not change its nature so far as provability is concerned, [citation], so the court may look behind the judgment to determine the essential nature of the liability for purposes of proof and allowance. [Citation.]” See also Brown v. Hannagan (1911), 210 Mass. 246 , 96 N.E. 714 ; Gibson v. Green's Adm’r (1893), 89 Va. 524 , 165 S.E. 661 ; Gilchrist v. Cotton (1925), 83 Ind. App. 415 , 148 N.E. 435 .

1974As the merger of a claim into a judgment does not change its nature so far as provability is concerned, [citation], so the court may look behind the judgment to determine the essential nature of the liability for purposes of proof and allowance. [Citation.]” See also Brown v. Hannagan (1911), 210 Mass. 246 , 96 N.E. 714 ; Gibson v. Green's Adm’r (1893), 89 Va. 524 , 165 S.E. 661 ; Gilchrist v. Cotton (1925), 83 Ind. App. 415 , 148 N.E. 435 .

11974–1974
Gilchrist v. Cotton neutral
indctapp · 1925
2 sentences

1974As the merger of a claim into a judgment does not change its nature so far as provability is concerned, [citation], so the court may look behind the judgment to determine the essential nature of the liability for purposes of proof and allowance. [Citation.]” See also Brown v. Hannagan (1911), 210 Mass. 246 , 96 N.E. 714 ; Gibson v. Green's Adm’r (1893), 89 Va. 524 , 165 S.E. 661 ; Gilchrist v. Cotton (1925), 83 Ind. App. 415 , 148 N.E. 435 .

1974As the merger of a claim into a judgment does not change its nature so far as provability is concerned, [citation], so the court may look behind the judgment to determine the essential nature of the liability for purposes of proof and allowance. [Citation.]” See also Brown v. Hannagan (1911), 210 Mass. 246 , 96 N.E. 714 ; Gibson v. Green's Adm’r (1893), 89 Va. 524 , 165 S.E. 661 ; Gilchrist v. Cotton (1925), 83 Ind. App. 415 , 148 N.E. 435 .

11974–1974
Gibson v. Green's Adm'r neutral
· 1893
1 sentence

1974As the merger of a claim into a judgment does not change its nature so far as provability is concerned, [citation], so the court may look behind the judgment to determine the essential nature of the liability for purposes of proof and allowance. [Citation.]” See also Brown v. Hannagan (1911), 210 Mass. 246 , 96 N.E. 714 ; Gibson v. Green's Adm’r (1893), 89 Va. 524 , 165 S.E. 661 ; Gilchrist v. Cotton (1925), 83 Ind. App. 415 , 148 N.E. 435 .

11974–1974
Merchants Service Corp. v. Libby, McNeill & Libby neutral
illappct · 1942
1 sentence

1969Merchants Service Corp. v. Libby, McNeill & Libby, 314 Ill App 121, 40 NE2d 835 (1942), is another case supporting our view that the court below erred in striking the federal antitrust defense on the pleadings.

11969–1969
Grier v. Cable green
ill · 1895
1 sentence

1928(Grier v. Cable, 159 Ill. 29 .) The filing of a claim against an estate with the clerk of the county court within the limitation period is an exhibition of the claim within the meaning of the statute, so as to take it out of the limitation.

11928–1928
Upstone v. People green
ill · 1883
1 sentence

1900Upstone v. People, 109 Ill. 169 .

11900–1900

Statutes the citing opinions construe

IL § 720 ILCS 5/9-1 (3) IL § 725 ILCS 5/115-10.6 (3) IL § 735 ILCS 5/8-803 (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.

Where else courts name it

CA 39 (1895–2025) TX 36 (1928–2026) NY 33 (1879–2022) IN 27 (1896–2023) MS 23 (1888–2015) IL 21 (1900–2025) FL 16 (1986–2004) MI 15 (1980–2020) MO 12 (1893–2016) PA 12 (1918–2019) NJ 11 (1951–2021) NM 9 (1968–2022) CO 8 (1975–2024) WA 7 (1937–2023) AZ 6 (1922–2013) ID 6 (1954–2021) TN 6 (1907–2012) OH 6 (1901–2019) KS 5 (1897–2022) GA 5 (1901–2005) OR 5 (1953–1998) SD 4 (1958–1987) OK 4 (1934–1997) IA 4 (1927–1942) VT 3 (1985–1991) AL 3 (1934–1991) UT 3 (1954–1994) MT 3 (2020–2023) DC 3 (1987–2010) LA 3 (2010–2024) KY 3 (1931–2026) NC 2 (2022–2022) VA 2 (2003–2016) WV 2 (2006–2011) MN 2 (1999–2016) ME 2 (1978–1996) WI 2 (1923–2004) CT 2 (1935–2003)

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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