unsuccessful defense in Illinois

2017While there was no certain method of determining whether or not claims are related, “the starting point for separating an unrelated, unsuccessful claim from a related, 12 No. 1-15-2114 unsuccessful claim is to determine whether a particular unsuccessful claim shares a ‘common core of facts’ with the successful claim or is based on a ‘related legal theory.’ ” (Emphasis in original.) Mary Beth G., 723 F.2d at 1279 (quoting Hensley, 461 U.S. at 437 n 12).

2017In such a case, “the hours spent on the unsuccessful claim should be excluded in considering the amount of a reasonable fee.” Hensley, 461 U.S. at 440 .

2017While there was no certain method of determining whether or not claims are related, “the starting point for separating an unrelated, unsuccessful claim from a related, 12 No. 1-15-2114 unsuccessful claim is to determine whether a particular unsuccessful claim shares a ‘common core of facts’ with the successful claim or is based on a ‘related legal theory.’ ” (Emphasis in original.) Mary Beth G., 723 F.2d at 1279 (quoting Hensley, 461 U.S. at 437 n 12).

2017Applying this analysis, the court found that: “an unsuccessful claim will be un related to a successful claim when the relief sought on the unsuccessful claim is intended to remedy a course of conduct entirely distinct and separate from the course of conduct that gave rise to the injury on which the relief granted is premised.” (Emphasis in original.) Mary Beth G., 723 F.2d at 1279 . ¶ 38 Ms. Kemp maintains that the circuit court conceded that all of the claims raised in this case arose out of a common core of facts, but nonetheless concluded erroneously that her individual CLA claim was unrel

2017In accord with the analysis in Hensley, Ms. Kemp’s success on her individual CLA claim did not support the award of fees initially calculated by the lodestar. ¶ 44 Ms. Kemp’s reliance on United States Football League v. National Football League, 887 F.2d 408 (2d Cir. 1989), is misplaced.

2017In accord with the analysis in Hensley, Ms. Kemp’s success on her individual CLA claim did not support the award of fees initially calculated by the lodestar. ¶ 44 Ms. Kemp’s reliance on United States Football League v. National Football League, 887 F.2d 408 (2d Cir. 1989), is misplaced.

2015Hughes, 578 F.2d at 487 . ¶ 89 Adopting the Hughes standard, we find that the trial court should have awarded Ruth all fees reasonably necessary for presentation of her motion to dismiss, even though many of the legal services used in preparing that motion also assisted in the presentation of Michael's unsuccessful motion to dismiss.

2015Hughes, 578 F.2d at 487 . ¶ 90 Adopting the Hughes standard, we find that the trial court should have awarded Ruth all fees reasonably necessary for presentation of her motion to dismiss, even though many of the legal services used in preparing that motion also assisted in the presentation of Michael’s unsuccessful motion to dismiss.

2015People v. Cundiff, 322 Ill.

2015People v. Cundiff, 322 Ill.

1992Ed. 2d at 694-95 , 104 S. Ct. at 2065-66 .) The Strickland Court reasoned that if courts engaged in greater scrutiny of defense counsel’s performance, “[cjriminal trials resolved unfavorably to the defendant would increasingly come to be followed by a second trial, this one of counsel’s unsuccessful defense.” Strickland, 466 U.S. at 690 , 80 L.

1992Ed. 2d at 694-95 , 104 S. Ct. at 2065-66 .) The Strickland Court reasoned that if courts engaged in greater scrutiny of defense counsel’s performance, “[cjriminal trials resolved unfavorably to the defendant would increasingly come to be followed by a second trial, this one of counsel’s unsuccessful defense.” Strickland, 466 U.S. at 690 , 80 L.

1992Ed. 2d at 695 , 104 S. Ct. at 2066 ; Albanese, 104 Ill. 2d at 526 , 473 N.E.2d at 1255 .

1992Ed. 2d at 695 , 104 S. Ct. at 2066 ; Albanese, 104 Ill. 2d at 526 , 473 N.E.2d at 1255 .

1986(Harding v. Larkin (1866), 41 Ill. 413 ; National Bank v. Jack (1948), 334 Ill.

1948Harding v. Larlcin, 41 Ill. 413 .

1992Moreover, where counsel reasonably believes that a defense is meritless, “he may strategically refrain from seeking an instruction.” (People v. King (1991), 218 Ill.

1992(People v. Barrow (1989), 133 Ill. 2d 226, 248 , 549 N.E.2d 240, 249 .) Therefore, an unsuccessful defense will not support an ineffective assistance claim unless that defense was unsound.

1992(People v. Barrow (1989), 133 Ill. 2d 226, 248 , 549 N.E.2d 240, 249 .) Therefore, an unsuccessful defense will not support an ineffective assistance claim unless that defense was unsound.

1986(Harding v. Larkin (1866), 41 Ill. 413 ; National Bank v. Jack (1948), 334 Ill.

1920App. 512, 515 , where it is said: “We think the observations in 11 Cyc. 35, are peculiarly pertinent to this case, viz.: ‘The general rule that costs follow the result of the suit will not be departed from where the conduct of the losing party has been the chief cause of a large accumulation of costs. ’ ” Counsel for appellant argue, in substance, that the record discloses that the County Treasurer defended the present action for and on behalf of the County of Cook, or, to be more accurate, the County Treasurer was the nominal defendant and the County of Cook in fact defended the suit; that by

1920Commissioners of Highways v. Board of Supervisors, 23 Ill.

1903The rule in equity that courts will not take jurisdiction where there is an adequate defense or remedy at law must yield to the requirements of the statute, that relief, may be granted in a court of equity, to vacate and set aside judgments and contracts obtained in violation of the statute, and it was so held in Mallett v. Butcher, supra, overruling Abrams v. Camp, 3 Scam. 290 .” The court, having determined that it can make no difference whether a defense was or might have been made in the suit at law, proceeds to consider whether the complainant was one of the parties authorized by the stat

1903The statute declares all judgments obtained on a gambling contract may be set aside and vacated by any court of equity, upon bill filed for that purpose.” In Abrams v. Camp, an unsuccessful defense upon issue joined was made, and afterward a bill was filed for relief under the statute, and to make entirely certain that no party may derive any benefit from gambling contracts or judgments at law founded thereon, the court feels compelled to use the following language: “We can not subscribe to the doctrine of Abrams v. Camp, though the maxim, stare deeisis, is most valuable in the law, and in jud