Loyola Academy factors (Illinois) · Go Syfert
← Illinois issues

Loyola Academy factors in Illinois

20 Illinois opinions name it 1 courts 2004–2026 8 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)

CaseFollowedCited
Hayes Mechanical, Inc. v. First Industrial, L.P.green
illappct · 2004 · cited in 8 Illinois opinions naming this issue, 2006–2022
2 sentences

2022App. 3d at 74 . ¶ 24 In determining abuse of discretion, we consider the four Loyola Academy factors: “ ‘(1) whether the proposed amendment would cure the defective pleading; (2) whether other parties would sustain prejudice or surprise by virtue of the proposed amendment; (3) whether the proposed amendment is timely; and (4) whether previous opportunities to amend the pleading could be identified.’ ” Hayes Mechanical, Inc., L.P., 351 Ill.

2018In seeking to amend a complaint, "[t]he plaintiff must meet all four Loyola Academy factors [citation], and if the proposed amendment does not state a cognizable claim, and thus, fails the first factor, courts of review will often not proceed with further analysis." Hayes Mechanical, Inc. v. First Industrial, L.P. , 351 Ill.

58
Loyola Academy v. S & S Roof Maintenance, Inc.green
ill · 1992 · cited in 7 Illinois opinions naming this issue, 2004–2026
2 sentences

2026Id. ¶ 18 However, if it would be futile to grant a party leave to amend, we need not consider the Loyola Academy factors.

2026Id. ¶ 18 However, if it would be futile to grant a party leave to amend, we need not consider the Loyola Academy factors.

37
Hachem v. Chicago Title Insurance Companygreen
illappct · 2015 · cited in 2 Illinois opinions naming this issue, 2016–2016
2 sentences

2016However, a number of courts have recognized that these so-called Loyola Academy factors “apply only to amendments that have been proposed prior to final judgment.” Tomm’s Redemption, Inc. v. Hamer, 2014 IL App (1st) 131005, ¶ 14 ; Hachem v. Chicago Title Insurance Co., 2015 IL App (1st) 143188, ¶ 18 ; Compton v. Country Mutual Insurance Co., 382 Ill.

2016See Hamer, 2014 IL App (1st) 131005, ¶ 14 (noting that “[a]fter final judgment, a plaintiff has no statutory right to amend a complaint and a court commits no error by denying a motion for leave to amend”), and Hachem, 2015 IL App (1st) 143188, ¶ 18 (noting that it is well settled that the dismissal of a cause of action constitutes a final judgment). ¶ 58 Nevertheless, even if we declined to follow this line of authority and found that application of the Loyola Academy factors was appropriate here, we find that Terra’s proposed amendment to the complaint would not have cured the defect.

22
Compton v. Country Mutual Insurancegreen
illappct · 2008 · cited in 2 Illinois opinions naming this issue, 2016–2016
2 sentences

2016However, a number of courts have recognized that these so-called Loyola Academy factors “apply only to amendments that have been proposed prior to final judgment.” Tomm’s Redemption, Inc. v. Hamer, 2014 IL App (1st) 131005, ¶ 14 ; Hachem v. Chicago Title Insurance Co., 2015 IL App (1st) 143188, ¶ 18 ; Compton v. Country Mutual Insurance Co., 382 Ill.

2016However, a number of courts have recognized that these so-called Loyola Academy factors “apply only to amendments that have been proposed prior to final judgment.” Tomm’s Redemption, Inc. v. Hamer, 2014 IL App (1st) 131005, ¶ 14 ; Hachem v. Chicago Title Insurance Co., 2015 IL App (1st) 143188, ¶ 18 ; Compton v. Country Mutual Insurance Co., 382 Ill.

22
Tomm's Redemption, Inc. v. Hamergreen
illappct · 2014 · cited in 2 Illinois opinions naming this issue, 2016–2016
2 sentences

2016However, a number of courts have recognized that these so-called Loyola Academy factors “apply only to amendments that have been proposed prior to final judgment.” Tomm’s Redemption, Inc. v. Hamer, 2014 IL App (1st) 131005, ¶ 14 ; Hachem v. Chicago Title Insurance Co., 2015 IL App (1st) 143188, ¶ 18 ; Compton v. Country Mutual Insurance Co., 382 Ill.

2016See Hamer, 2014 IL App (1st) 131005, ¶ 14 (noting that “[a]fter final judgment, a plaintiff has no statutory right to amend a complaint and a court commits no error by denying a motion for leave to amend”), and Hachem, 2015 IL App (1st) 143188, ¶ 18 (noting that it is well settled that the dismissal of a cause of action constitutes a final judgment). ¶ 58 Nevertheless, even if we declined to follow this line of authority and found that application of the Loyola Academy factors was appropriate here, we find that Terra’s proposed amendment to the complaint would not have cured the defect.

22
Myers v. Illinois Central Railroadgreen
illappct · 2001 · cited in 1 Illinois opinions naming this issue, 2023–2023
2 sentences

2023Co., 323 Ill.

2023Co., 323 Ill.

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 (7)

CaseCitedYears
Cangemi v. Advocate South Suburban Hospital green
illappct · 2006
2 sentences

2010A proposed amendment must meet all four Loyola Academy factors; however, “if [a] proposed amendment does not state a cognizable claim, and thus, fails the first factor, courts of review will often not proceed with further analysis.” Cangemi, 364 Ill.

2010A proposed amendment must meet all four Loyola Academy factors; however, “ ‘if [a] proposed amendment does not state a cognizable claim, and thus, fails the first factor, courts of review will often not proceed with further analysis.’ ” Cangemi, 364 Ill.

22010–2010
Malacina v. Cook County Sheriff's Merit Board green
illappct · 2021
2 sentences

2026Under such circumstances, “we may begin and end our analysis with the observation that it is never an abuse of discretion to deny leave to amend when the proposed amendment would be futile.” Malacina v. Cook County Sheriff’s Merit Board, 2021 IL App (1st) 191893, ¶ 40 .

2026Under such circumstances, “we may begin and end our analysis with the observation that it is never an abuse of discretion to deny leave to amend when the proposed amendment would be futile.” Malacina v. Cook County Sheriff’s Merit Board, 2021 IL App (1st) 191893, ¶ 40 .

12026–2026
People v. Edwards green
ill · 1978
2 sentences

2025Consequently, we may not speculate as to any errors that may have occurred below (see Edwards, 74 Ill. 2d at 7 ), and we 13 1-23-1959 must further presume that the court’s decision had sufficient factual and legal support (see Corral, 217 Ill. 2d at 156-57 ).

2025Consequently, we may not speculate as to any errors that may have occurred below (see Edwards, 74 Ill. 2d at 7 ), and we 13 1-23-1959 must further presume that the court’s decision had sufficient factual and legal support (see Corral, 217 Ill. 2d at 156-57 ).

12025–2025
Corral v. Mervis Industries, Inc. green
ill · 2005
2 sentences

2025Consequently, we may not speculate as to any errors that may have occurred below (see Edwards, 74 Ill. 2d at 7 ), and we 13 1-23-1959 must further presume that the court’s decision had sufficient factual and legal support (see Corral, 217 Ill. 2d at 156-57 ).

2025Consequently, we may not speculate as to any errors that may have occurred below (see Edwards, 74 Ill. 2d at 7 ), and we 13 1-23-1959 must further presume that the court’s decision had sufficient factual and legal support (see Corral, 217 Ill. 2d at 156-57 ).

12025–2025
Watkins v. Office of the State Appellate Defender green
illappct · 2012
2 sentences

2023Watkins v. Office of State Appellate Defender, 2012 IL App (1st) 111756, ¶ 34 . ¶ 103 As noted, plaintiff moved to file a third amended complaint seeking to accomplish two purposes: to (1) add a count pursuant to the Family Expense Act alleging that plaintiff had a right to recover his medical bills incurred as a minor pursuant to an assignment from the Hookes or, in the alternative, add the Hookes as party-plaintiffs so that they could allege a right to recover, under the Family Expense Act, medical bills paid on plaintiff’s behalf when he was a minor; and (2) “add back” the ordinary negligen

2023Watkins v. Office of State Appellate Defender, 2012 IL App (1st) 111756, ¶ 34 . ¶ 103 As noted, plaintiff moved to file a third amended complaint seeking to accomplish two purposes: to (1) add a count pursuant to the Family Expense Act alleging that plaintiff had a right to recover his medical bills incurred as a minor pursuant to an assignment from the Hookes or, in the alternative, add the Hookes as party-plaintiffs so that they could allege a right to recover, under the Family Expense Act, medical bills paid on plaintiff’s behalf when he was a minor; and (2) “add back” the ordinary negligen

12023–2023
Taylor v. County of Cook green
illappct · 2011
1 sentence

2021Cook v. AAA Life Insurance Co., 2014 IL App (1st) 123700, ¶ 40 ), which occurs when the court’s ruling is arbitrary, fanciful, unreasonable, or where no reasonable person would take its view (Taylor v. County of Cook, 2011 IL App (1st) 093085, ¶ 23 ). ¶ 46 A. Cure the Defective Pleading -17- No. 1-20-0499 ¶ 47 We consider each of the four Loyola Academy factors in turn, beginning with whether plaintiffs’ proposed amendment would cure the defective pleading.

12021–2021
Cook v. AAA Life Insurance Company green
illappct · 2014
1 sentence

2021Cook v. AAA Life Insurance Co., 2014 IL App (1st) 123700, ¶ 40 ), which occurs when the court’s ruling is arbitrary, fanciful, unreasonable, or where no reasonable person would take its view (Taylor v. County of Cook, 2011 IL App (1st) 093085, ¶ 23 ). ¶ 46 A. Cure the Defective Pleading -17- No. 1-20-0499 ¶ 47 We consider each of the four Loyola Academy factors in turn, beginning with whether plaintiffs’ proposed amendment would cure the defective pleading.

12021–2021

Statutes the citing opinions construe

IL § 735 ILCS 5/2-619 (10) IL § 735 ILCS 5/2-616 (8) IL § 735 ILCS 5/2-1005 (6) IL § 735 ILCS 5/2-619.1 (6) IL § 815 ILCS 505/1 (5) 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.

← Caselaw search · G Cite Topics · Brief Check