party raising claim in Illinois

21 Illinois opinions name it 1 courts 1973–2026 6 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 (6)

Case	Followed	Cited
People v. Colemangreen ill · 1998 · cited in 3 Illinois opinions naming this issue, 2025–2026 2 sentences 2026A party raising this claim must 23 overcome “the strong presumption that the challenged action or inaction of counsel was the product of sound trial strategy.” People v. Coleman, 183 Ill. 2d 366, 397 (1998). ¶ 53 To satisfy the prejudice prong of Strickland, the defendant must demonstrate, but for counsel’s deficient performance, there is a reasonable probability the result of the proceeding would have been different. 2025A party raising this claim must overcome “the strong presumption the challenged action or inaction of counsel was the product of sound trial strategy.” People v. Coleman, 183 Ill. 2d 366, 397 (1998). ¶ 97 To satisfy the prejudice prong of Strickland, the defendant must demonstrate, but for counsel’s deficient performance, there is a reasonable probability the result of the proceeding would have been different.	3	3
People v. Houstongreen ill · 2007 · cited in 3 Illinois opinions naming this issue, 2025–2026 2 sentences 2026Strickland, 466 U.S. at 694 ; People v. Houston, 226 Ill. 2d 135, 144 (2007). 2025Strickland, 466 U.S. at 687-88, 694 ; People v. Houston, 226 Ill. 2d 135, 144 (2007).	3	3
Strickland v. Washingtongreen scotus · 1984 · cited in 3 Illinois opinions naming this issue, 2025–2026 2 sentences 2026Strickland, 466 U.S. at 694 ; People v. Houston, 226 Ill. 2d 135, 144 (2007). 2025Strickland, 466 U.S. at 687-88, 694 ; People v. Houston, 226 Ill. 2d 135, 144 (2007).	2	3
People v. Colegreen ill · 1973 · cited in 1 Illinois opinions naming this issue, 2025–2025 1 sentence 2025People v. Johnson, 149 Ill. 2d 118, 138 (1992) (hereinafter Andrew Johnson) (citing People v. Cole, 54 Ill. 2d 401, 413 (1973)).	1	1
People v. Johnsongreen ill · 1992 · cited in 1 Illinois opinions naming this issue, 2025–2025 1 sentence 2025People v. Johnson, 149 Ill. 2d 118, 138 (1992) (hereinafter Andrew Johnson) (citing People v. Cole, 54 Ill. 2d 401, 413 (1973)).	1	1
Cole v. Guygreen illappct · 1989 · cited in 1 Illinois opinions naming this issue, 2023–2023 1 sentence 2023Illinois courts have also recognized that “[t]he purpose of the ‘unclean hands’ doctrine is to protect courts of equity from - 21 - assisting litigants in accomplishing their fraudulent or unlawful purposes, and not to protect the party raising the doctrine as a defense.” Cole v. Guy, 183 Ill.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (14)

Case	Cited	Years
BRUSO BY BRUSO v. Alexian Bros. Hosp. green ill · 1997 2 sentences 2003Bruso v. Alexian Brothers Hospital, 178 Ill.2d 445, 460 , 227 Ill.Dec. 532 , 687 N.E.2d 1014 (1997). 2003Bruso v. Alexian Brothers Hospital, 178 Ill.2d 445, 460 , 227 Ill.Dec. 532 , 687 N.E.2d 1014 (1997).	4	2002–2003
Wyeth v. Levine green scotus · 2009 2 sentences 2019The party raising the defense of conflict preemption must "demonstrate that it was impossible for it to comply with both federal and state requirements." Wyeth , 555 U.S. at 573 , 129 S.Ct. 1187 . 2019The party raising the defense of conflict preemption must "demonstrate that it was impossible for it to comply with both federal and state requirements." Wyeth , 555 U.S. at 573 , 129 S.Ct. 1187 .	2	2019–2019
Heinze v. Heinze green illappct · 1979 2 sentences 1988To prevail on a claim of estoppel, the party raising the defense must show that, having no access to the true facts, it relied on statements or conduct of the plaintiff to its detriment. ( Heinze v. Heinze (1979), 79 Ill. 1988(Heinze v. Heinze (1979), 79 Ill.	2	1988–1988
People v. Howard green ill · 2017 1 sentence 2024People v. Howard, 2017 IL 120443, ¶ 24 .	1	2024–2024
In re M.A. green ill · 2015 1 sentence 2019In re M.A., 2015 IL 118049, ¶ 25 .	1	2019–2019
Jackson v. City of Chicago green illappct · 2012 1 sentence 2017Jackson v. City of Chicago , 2012 IL App (1st) 111044 , ¶ 20, 363 Ill.Dec. 351 , 975 N.E.2d 153 .	1	2017–2017
Long v. Kemper Life Insurance Co. green illappct · 1990 1 sentence 1992Long v. Kemper Life Insurance Co. (1990), 196 Ill.	1	1992–1992
Carlyle v. Jaskiewicz green illappct · 1984 2 sentences 1989(Carlyle v. Jaskiewicz (1984), 124 Ill. 1989App. 3d at 498 , 464 N.E.2d at 759-60 .) Thus, a court requires that the “unclean hands” conduct must have been directed at the party raising the doctrine as a defense and must have involved the very transaction at issue before the court.	1	1989–1989
Pedigo v. Johnson green illappct · 1985 1 sentence 1987App. 3d 392 , 474 N.E.2d 430 .) The party raising the defense of res judicata has the burden of establishing the identity of the parties, the precise issues, and the judgment of the former action.	1	1987–1987
Gonyo v. Gonyo green illappct · 1973 1 sentence 1987Gonyo v. Gonyo (1973), 9 Ill.	1	1987–1987
City of Quincy v. Sturhahn green ill · 1960 2 sentences 1984App. 3d 436, 439-40 , 289 N.E.2d 484 .) “In applying the doctrine of estoppel, the courts will not decide the question by mere lapse of time but by all the circumstances of the case, and will hold the public estopped or not as right or justice may require. [Citations.] The doctrine is invoked only to prevent fraud and injustice. [Citation.]” (City of Quincy v. Sturhahn (1960), 18 Ill. 2d 604, 614 , 165 N.E.2d 271 .) To equitably estop a municipality acting in its governmental capacity, the party raising the claim must prove that there were affirmative acts by the municipal officers which induc 1984App. 3d 436, 439-40 , 289 N.E.2d 484 .) “In applying the doctrine of estoppel, the courts will not decide the question by mere lapse of time but by all the circumstances of the case, and will hold the public estopped or not as right or justice may require. [Citations.] The doctrine is invoked only to prevent fraud and injustice. [Citation.]” (City of Quincy v. Sturhahn (1960), 18 Ill. 2d 604, 614 , 165 N.E.2d 271 .) To equitably estop a municipality acting in its governmental capacity, the party raising the claim must prove that there were affirmative acts by the municipal officers which induc	1	1984–1984
Cities Service Oil Co. v. City of Des Plaines green ill · 1961 2 sentences 1984Cities Service Oil Co. v. Des Plaines (1961), 21 Ill. 2d 157, 161 , 171 N.E.2d 605 . 1984Cities Service Oil Co. v. Des Plaines (1961), 21 Ill. 2d 157, 161 , 171 N.E.2d 605 .	1	1984–1984
Wachta v. Pollution Control Board green illappct · 1972 1 sentence 1984App. 3d 436, 439-40 , 289 N.E.2d 484 .) “In applying the doctrine of estoppel, the courts will not decide the question by mere lapse of time but by all the circumstances of the case, and will hold the public estopped or not as right or justice may require. [Citations.] The doctrine is invoked only to prevent fraud and injustice. [Citation.]” (City of Quincy v. Sturhahn (1960), 18 Ill. 2d 604, 614 , 165 N.E.2d 271 .) To equitably estop a municipality acting in its governmental capacity, the party raising the claim must prove that there were affirmative acts by the municipal officers which induc	1	1984–1984
Kedzierski v. Kedzierski neutral illappct · 1967 2 sentences 1973A discussion of both theories is contained in the case of Kedzierski v. Kedzierski, 86 Ill.App.2d 264 , 229 N.E.2d 919 , where the court states as follows, pp. 267-268: “The burden of establishing the defense under either of the aforementioned principles is upon the party invoking it * * . [Citations omitted.] The party raising the defense must show with clarity and certainty the parties, the precise issues and the judgment of the former action * Section 48 of the Civil Practice Act provides that a defendant may file a motion to dismiss an action that is barred by a prior judgment. 1973A discussion of both theories is contained in the case of Kedzierski v. Kedzierski, 86 Ill.App.2d 264 , 229 N.E.2d 919 , where the court states as follows, pp. 267-268: “The burden of establishing the defense under either of the aforementioned principles is upon the party invoking it * * . [Citations omitted.] The party raising the defense must show with clarity and certainty the parties, the precise issues and the judgment of the former action * Section 48 of the Civil Practice Act provides that a defendant may file a motion to dismiss an action that is barred by a prior judgment.	1	1973–1973

Statutes the citing opinions construe

IL § 750 ILCS 50/1 (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

LA 60 (1999–2024) CT 36 (1979–2020) TX 26 (1983–2023) IL 21 (1973–2026) MO 17 (1980–2023) TN 13 (1965–2019) OH 13 (1995–2024) NY 11 (1983–2015) CA 10 (1976–2023) NC 9 (1994–2017) IN 9 (1987–2020) PA 7 (1989–2024) NJ 7 (1982–2014) MA 6 (1985–2024) WA 6 (1981–2026) DE 5 (1978–2025) NM 5 (1985–2015) AK 5 (1997–2023) FL 5 (1983–2025) MD 4 (1994–2020) KS 4 (1978–2022) ME 4 (2003–2018) UT 3 (2009–2021) AL 3 (1990–2008) WI 3 (1982–2023) ND 3 (1977–1997) GA 3 (2005–2015) HI 2 (1980–2025) DC 2 (1974–1996) VA 2 (1994–2024) CO 2 (1998–2026) OR 2 (2004–2005) IA 2 (2024–2024) MT 2 (1989–2000)

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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