lawsuit defense (Illinois) · Go Syfert
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lawsuit defense in Illinois

19 Illinois opinions name it 2 courts 1989–2024 1 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 (7)

CaseFollowedCited
In the Matter of Joseph ANDREUCCETTI and Noemi Andreuccetti, Debtors-Appellantsgreen
ca7 · 1992 · cited in 2 Illinois opinions naming this issue, 2017–2017
2 sentences

2017In re Andreuccetti, 975 F.2d 413, 417 (7th Cir. 1992).

2017In re Andreuccetti, 975 F.2d 413, 417 (7th Cir. 1992).

22
People v. O'BANNERgreen
illappct · 1991 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005See People v. O'Banner , 215 Ill.

2005See People v. O’Banner, 215 Ill.

22
Waste Management, Inc. v. International Surplus Lines Insurancegreen
ill · 1991 · cited in 5 Illinois opinions naming this issue, 2007–2024
2 sentences

2024Moore et al., 6 Moore’s Federal Practice 26.70[6][c] at 26-226 (3d ed. 1997)); see also Waste Management, 144 Ill. 2d at 199-200 (implied waiver of work product occurs “where the sought-after material is either the basis of the lawsuit or the defense thereof.”) ¶ 27 In this case, the trial court found that plaintiffs impliedly waived their attorney-client and work product privileges against disclosure of the protected materials where they relied on the materials to support their information and belief allegations. ¶ 28 “Pleading facts ‘on information and belief’ is a widely used device in both

2018Id. at 199-200 , 161 Ill.Dec. 774 , 579 N.E.2d 322 .

15
Sorenson v. Fio Ritogreen
illappct · 1980 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Diamond v. General Telephone Co. of Illinois, 211 Ill. App. 3d 37, 51 (1991); Sorenson v. Fio Rito, 90 Ill. App. 3d 368, 371 (1980). -8- ¶ 22 This principle is distinguishable from the rule that, “ ‘where the wrongful acts of a defendant involve the plaintiff in litigation with third parties or place him in such relation with others as to make it necessary to incur expense to protect his interest, the plaintiff can then recover damages against such wrongdoer, measured by the reasonable expenses of such litigation, including attorney fees.’ ” (Emphasis added.) National Wrecking Co. v. Coleman,

11
Nalivaika v. Murphygreen
illappct · 1983 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Diamond v. General Telephone Co. of Illinois, 211 Ill. App. 3d 37, 51 (1991); Sorenson v. Fio Rito, 90 Ill. App. 3d 368, 371 (1980). -8- ¶ 22 This principle is distinguishable from the rule that, “ ‘where the wrongful acts of a defendant involve the plaintiff in litigation with third parties or place him in such relation with others as to make it necessary to incur expense to protect his interest, the plaintiff can then recover damages against such wrongdoer, measured by the reasonable expenses of such litigation, including attorney fees.’ ” (Emphasis added.) National Wrecking Co. v. Coleman,

11
National Wrecking Co. v. Colemangreen
illappct · 1985 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Diamond v. General Telephone Co. of Illinois, 211 Ill. App. 3d 37, 51 (1991); Sorenson v. Fio Rito, 90 Ill. App. 3d 368, 371 (1980). -8- ¶ 22 This principle is distinguishable from the rule that, “ ‘where the wrongful acts of a defendant involve the plaintiff in litigation with third parties or place him in such relation with others as to make it necessary to incur expense to protect his interest, the plaintiff can then recover damages against such wrongdoer, measured by the reasonable expenses of such litigation, including attorney fees.’ ” (Emphasis added.) National Wrecking Co. v. Coleman,

11
Diamond v. General Telephone Co.green
illappct · 1991 · cited in 1 Illinois opinions naming this issue, 2020–2020
1 sentence

2020Diamond v. General Telephone Co. of Illinois, 211 Ill. App. 3d 37, 51 (1991); Sorenson v. Fio Rito, 90 Ill. App. 3d 368, 371 (1980). -8- ¶ 22 This principle is distinguishable from the rule that, “ ‘where the wrongful acts of a defendant involve the plaintiff in litigation with third parties or place him in such relation with others as to make it necessary to incur expense to protect his interest, the plaintiff can then recover damages against such wrongdoer, measured by the reasonable expenses of such litigation, including attorney fees.’ ” (Emphasis added.) National Wrecking Co. v. Coleman,

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 (9)

CaseCitedYears
Rosier v. Cascade Mountain, Inc. green
illappct · 2006
2 sentences

2008Roiser, 367 Ill.

2008Roiser, 367 Ill.

22008–2008
Pyramid Controls, Inc. v. Siemens Industrial Automations, Inc. green
ilnd · 1997
2 sentences

2004Pyramid Controls, 176 F.R.D. at 273 .

2004Pyramid Controls, 176 F.R.D. at 273 .

22004–2004
Handgards, Inc. v. Johnson & Johnson green
cand · 1976
2 sentences

1998(See, e.g., Handgards, Inc. v. Johnson & Johnson (N.D.Cal. 1976), 413 F.Supp. 926 ; Truck Insurance Exchange v. St.

1991(See, e.g., Handgards, Inc. v. Johnson & Johnson (N.D.Cal.1976), 413 F.Supp. 926 ; Truck Insurance Exchange v. St.

21991–1998
In re Marriage of Reicher green
illappct · 2021
1 sentence

2024“A plaintiff may sometimes be forced to present 7 allegations that are based on information and belief, particularly when the necessary facts are within the defendant’s sole knowledge.” In re Marriage of Reicher, 2021 IL App (2d) 200454, ¶ 42 .

12024–2024
Ritter v. Ritter green
ill · 1943
1 sentence

2020Diamond v. General Telephone Co. of Illinois, 211 Ill. App. 3d 37, 51 (1991); Sorenson v. Fio Rito, 90 Ill. App. 3d 368, 371 (1980). -8- ¶ 22 This principle is distinguishable from the rule that, “ ‘where the wrongful acts of a defendant involve the plaintiff in litigation with third parties or place him in such relation with others as to make it necessary to incur expense to protect his interest, the plaintiff can then recover damages against such wrongdoer, measured by the reasonable expenses of such litigation, including attorney fees.’ ” (Emphasis added.) National Wrecking Co. v. Coleman,

12020–2020
Nielson v. SwedishAmerican Hospital green
illappct · 2017
2 sentences

2017The forms also address billing, instructing that responsibility for medical costs is determined after the risk-management department or its designee investigates the occurrence. - 14 - 2017 IL App (2d) 160743 ¶ 44 The foregoing evidence reflects that the QCRs here (indeed all of defendant’s medical- occurrence QCRs) serve multiple purposes, including quality assurance (all medical-occurrence QCRs), risk management (all QCRs), and, to a certain extent, billing (all QCRs).

2017However, the manual also states that the risk- management department “reviews all QCRs and conducts investigation of occurrences or variances which require more complete documentation, follow-up from a risk management -6- 2017 IL App (2d) 160743 perspective, or reporting under the Safe Medical Devices Act.” Also, it provides that a “QCR may serve as a report to legal counsel to assist in the defense of a lawsuit or claim.” ¶ 21 E.

12017–2017
Sowinski v. Ramey green
illappct · 1976
1 sentence

1996Failure by an assured to advise the carrier of the existence of a lawsuit will bar coverage on the basis of noncooperation, and I cite Sowinski v. Ramey, 36 Ill.

11996–1996
Clipper Exxpress v. Rocky Mountain Motor Tariff Bureau, Inc. green
ca9 · 1982
1 sentence

1989Thereafter, a number of lower Federal courts held in antitrust actions that a single lawsuit or claim may constitute “sham litigation.” See, e.g., MCI Communications Corp. v. American Telephone & Telegraph Co. (7th Cir. 1983), 708 F.2d 1081 ; Clipper Express v. Rocky Mountain Motor Tariff Bureau, Inc. (9th Cir. 1982), 690 F.2d 1240 .

11989–1989
MCI Communications Corporation and MCI Telecommunications Corporation v. American Telephone and Telegraph Company green
ca7 · 1983
1 sentence

1989Thereafter, a number of lower Federal courts held in antitrust actions that a single lawsuit or claim may constitute “sham litigation.” See, e.g., MCI Communications Corp. v. American Telephone & Telegraph Co. (7th Cir. 1983), 708 F.2d 1081 ; Clipper Express v. Rocky Mountain Motor Tariff Bureau, Inc. (9th Cir. 1982), 690 F.2d 1240 .

11989–1989

Where else courts name it

TX 71 (1942–2026) CA 34 (1976–2026) IL 19 (1989–2024) WA 12 (2000–2026) NY 10 (1958–2024) OK 9 (1971–2021) MO 8 (1993–2025) UT 7 (1981–2021) NM 7 (1981–2021) OH 5 (2001–2026) ME 5 (2006–2019) FL 4 (1981–2000) GA 4 (1987–2012) ID 4 (2014–2020) LA 3 (2015–2025) PA 3 (1923–2025) AZ 2 (2005–2018) MN 2 (2009–2011) WI 2 (1963–2000) DE 2 (2024–2024) IA 2 (2007–2007) VT 2 (2003–2015) TN 2 (1999–2022) HI 2 (2006–2024) CT 2 (1992–2002) WY 2 (1978–2011)

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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