integral part defense (Illinois) · Go Syfert
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integral part defense in Illinois

20 Illinois opinions name it 2 courts 1965–2022 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
Warren v. LeMaygreen
illappct · 1986 · cited in 9 Illinois opinions naming this issue, 1990–2022
2 sentences

2022“Where the claim must be litigated not only at trial, but also on appeal, then the attorney’s fees and costs incurred by the prevailing party in connection with appellate proceedings must be deemed an integral part of that claim and should be recoverable under the statute.” Warren v. LeMay, 142 Ill.

2016Where the claim must be litigated not only at trial, but also on appeal, then the attorney's fees and costs incurred by the prevailing party in connection with appellate proceedings must be deemed an integral part of that claim and should be recoverable under the statute." (Emphasis in original.) Warren, 142 Ill.

39
Village of Cary v. Trout Valley Ass'ngreen
illappct · 1998 · cited in 4 Illinois opinions naming this issue, 2017–2018
2 sentences

2018Our supreme court further reasoned that “[s]uch an interpretation in no way encourages prolonged condemnation litigation, yet fairly compensates defendant for attorney fees if he is compelled to defend beyond the trial court; and at the same time it is clearly consistent with the terms of the statute.” Id. at 40-41 . ¶ 41 Thereafter, in Village of Cary v. Trout Valley Ass'n, 297 Ill.

2018Our supreme court further reasoned that “[s]uch an interpretation in no way encourages prolonged condemnation litigation, yet fairly compensates defendant for attorney fees if he is compelled to defend beyond the trial court; and at the same time it is clearly consistent with the terms of the statute.” Id. at 40-41 . ¶ 41 Thereafter, in Village of Cary v. Trout Valley Ass'n, 297 Ill.

34
Department of Public Works & Buildings v. Lantergreen
ill · 1958 · cited in 8 Illinois opinions naming this issue, 1980–2018
2 sentences

2018Where that defense must be made, not merely in the trial court, but also in a reviewing court because the Department has taken an appeal to that court, and - 17 ­ Nos. 1-17-0680 and 1-17-0871 (consolidated) defendant has no choice in the matter, then the attorney fees incurred in connection with that appellate court proceeding must be deemed to be an integral part of the defense of the condemnation petition, and should be recoverable under the statute.” Id.

2018Where that defense must be made, not merely in the trial court, but also in a reviewing court because the Department has taken an appeal to that court, and - 17 ­ Nos. 1-17-0680 and 1-17-0871 (consolidated) defendant has no choice in the matter, then the attorney fees incurred in connection with that appellate court proceeding must be deemed to be an integral part of the defense of the condemnation petition, and should be recoverable under the statute.” Id.

18

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
Doyle v. Shlensky green
illappct · 1983
1 sentence

2012Such allegations of illegal or improper conduct would be a part of “ ‘any and all suits prosecuted to recover for like causes of action.’ ” Doyle, 120 Ill.

12012–2012
People v. Owsley green
illappct · 1978
1 sentence

1984App. 3d 234 , 383 N.E.2d 271 ), close scrutiny of this general framework reveals that a consideration of the voluntariness of the plea is an integral part of that analysis.

11984–1984
Tyler v. Industrial Commission neutral
ill · 1936
1 sentence

1965In the Field case the employee was unable to work for approximately four months, in- the United Air Lines case the period was six months, and in Tyler v. Industrial Com. 364 Ill. 381 , it was for a period of more than six months.

11965–1965

Statutes the citing opinions construe

IL § 735 ILCS 5/2-1401 (5) IL § 735 ILCS 30/10-5-70 (4)

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

IL 20 (1965–2022) NY 17 (1935–2018) CA 11 (1927–2021) TX 9 (1975–2024) NJ 6 (1961–2020) KS 5 (2000–2020) CO 5 (1995–2020) MO 4 (1966–2020) MD 4 (2005–2021) CT 4 (1997–2004) NC 3 (1986–2024) TN 3 (1976–2008) OR 3 (2000–2022) FL 2 (2012–2014) PA 2 (1967–1994) AR 2 (2005–2014) UT 2 (2011–2011) OK 2 (1979–2000) LA 2 (1980–2003) WA 2 (2009–2009)

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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