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14 Illinois opinions name it 2 courts 1948–2023 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.
| Case | Followed | Cited |
|---|---|---|
People v. Herrongreen2 sentences2017People v. Herron, 215 Ill. 2d 167, 187 (2005). 2017People v. Herron, 215 Ill. 2d 167, 187 (2005). | 2 | 2 |
U.S. Bank National Ass'n v. Manzogreen2 sentences2020Civil liability claims for TILA violations, such as those raised in the present case, are generally subject to a one-year statute of limitations. 15 U.S.C. § 1640 (e) (2012); Beneficial Illinois, Inc. v. Parker, 2016 IL App (1st) 160186, ¶ 18 ; Manzo, 2011 IL App (1st) 103115, ¶ 48 . ¶ 31 The TILA, however, contains its own savings clause, which states as follows: “This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by rec 2018Section 1640(e) provides a savings clause for untimely claims: "This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law." Id. ¶ 31 This provision allows a borrower to bring an untimely TILA damages claim if it is brought as a defensive recoupment or set-off, "except as otherwise provided by State law." Id. ; U.S. Bank National Ass'n v. Manzo , 2 | 1 | 3 |
Wheatley v. Board of Education of Township High School District 205green1 sentence2023Accordingly, we find that the circuit court erred in dismissing as moot Counts I through IV. ¶ 18 “An issue is moot if no actual controversy exists or where events occur which make it impossible to grant effectual relief.” Wheatley v. Board of Education of Township High School District 205, 99 Ill. 2d 481, 484-85 (1984). | 1 | 1 |
Jackson Jordan, Inc. v. Leydig, Voit & Mayergreen1 sentence2011Committee for Educational Rights v. Edgar, 174 Ill. 2d 1, 11 (1996); see also Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 518-19 (2000) (same) (citing Chicago Patrolmen’s Ass’n v. Department of Revenue, 171 Ill. 2d 263, 278 (1996); Wagner v. City of Chicago, 166 Ill. 2d 144, 148 (1995); Jackson Jordan, Inc. v. Leydig, Voit & Mayer, 158 Ill. 2d 240, 251 (1994); Hux v. Raben, 38 Ill. 2d 223, 225 (1967)); see also People v. Hoskins, 101 Ill. 2d 209, 219 (1984). -14- than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off | 1 | 1 |
Chicago Patrolmen's Ass'n v. Department of Revenuegreen1 sentence2011Committee for Educational Rights v. Edgar, 174 Ill. 2d 1, 11 (1996); see also Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 518-19 (2000) (same) (citing Chicago Patrolmen’s Ass’n v. Department of Revenue, 171 Ill. 2d 263, 278 (1996); Wagner v. City of Chicago, 166 Ill. 2d 144, 148 (1995); Jackson Jordan, Inc. v. Leydig, Voit & Mayer, 158 Ill. 2d 240, 251 (1994); Hux v. Raben, 38 Ill. 2d 223, 225 (1967)); see also People v. Hoskins, 101 Ill. 2d 209, 219 (1984). -14- than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off | 1 | 1 |
Committee for Educational Rights v. Edgargreen1 sentence2011Committee for Educational Rights v. Edgar, 174 Ill. 2d 1, 11 (1996); see also Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 518-19 (2000) (same) (citing Chicago Patrolmen’s Ass’n v. Department of Revenue, 171 Ill. 2d 263, 278 (1996); Wagner v. City of Chicago, 166 Ill. 2d 144, 148 (1995); Jackson Jordan, Inc. v. Leydig, Voit & Mayer, 158 Ill. 2d 240, 251 (1994); Hux v. Raben, 38 Ill. 2d 223, 225 (1967)); see also People v. Hoskins, 101 Ill. 2d 209, 219 (1984). -14- than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off | 1 | 1 |
Michigan Avenue National Bank v. County of Cookgreen1 sentence2011Committee for Educational Rights v. Edgar, 174 Ill. 2d 1, 11 (1996); see also Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 518-19 (2000) (same) (citing Chicago Patrolmen’s Ass’n v. Department of Revenue, 171 Ill. 2d 263, 278 (1996); Wagner v. City of Chicago, 166 Ill. 2d 144, 148 (1995); Jackson Jordan, Inc. v. Leydig, Voit & Mayer, 158 Ill. 2d 240, 251 (1994); Hux v. Raben, 38 Ill. 2d 223, 225 (1967)); see also People v. Hoskins, 101 Ill. 2d 209, 219 (1984). -14- than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off | 1 | 1 |
Hux v. Rabengreen1 sentence2011Committee for Educational Rights v. Edgar, 174 Ill. 2d 1, 11 (1996); see also Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 518-19 (2000) (same) (citing Chicago Patrolmen’s Ass’n v. Department of Revenue, 171 Ill. 2d 263, 278 (1996); Wagner v. City of Chicago, 166 Ill. 2d 144, 148 (1995); Jackson Jordan, Inc. v. Leydig, Voit & Mayer, 158 Ill. 2d 240, 251 (1994); Hux v. Raben, 38 Ill. 2d 223, 225 (1967)); see also People v. Hoskins, 101 Ill. 2d 209, 219 (1984). -14- than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off | 1 | 1 |
People v. Hoskinsgreen1 sentence2011Committee for Educational Rights v. Edgar, 174 Ill. 2d 1, 11 (1996); see also Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 518-19 (2000) (same) (citing Chicago Patrolmen’s Ass’n v. Department of Revenue, 171 Ill. 2d 263, 278 (1996); Wagner v. City of Chicago, 166 Ill. 2d 144, 148 (1995); Jackson Jordan, Inc. v. Leydig, Voit & Mayer, 158 Ill. 2d 240, 251 (1994); Hux v. Raben, 38 Ill. 2d 223, 225 (1967)); see also People v. Hoskins, 101 Ill. 2d 209, 219 (1984). -14- than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off | 1 | 1 |
Wagner v. City of Chicagogreen1 sentence2011Committee for Educational Rights v. Edgar, 174 Ill. 2d 1, 11 (1996); see also Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 518-19 (2000) (same) (citing Chicago Patrolmen’s Ass’n v. Department of Revenue, 171 Ill. 2d 263, 278 (1996); Wagner v. City of Chicago, 166 Ill. 2d 144, 148 (1995); Jackson Jordan, Inc. v. Leydig, Voit & Mayer, 158 Ill. 2d 240, 251 (1994); Hux v. Raben, 38 Ill. 2d 223, 225 (1967)); see also People v. Hoskins, 101 Ill. 2d 209, 219 (1984). -14- than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mt. Vernon Memorial Estates, Inc. v. Wood
neutral
2 sentences2018Vernon Memorial Estates, Inc. v. Wood, 88 Ill. 2018Vernon Memorial Estates, Inc. v. Wood , 88 Ill. | 2 | 2018–2018 |
Herzog v. Countrywide Home Loans (In Re Hunter)
green
2 sentences2015Ill. 2009), the court held “[f]or claims of failure to effectuate rescission, the date of the occurrence of the violation is the earlier of when the creditor refuses to effectuate rescission, or twenty days after it receives the notice of rescission.” Id. at 657 . 2015Ill. 2009), the court held “[f]or claims of failure to effectuate rescission, the date of the occurrence of the violation is the earlier of when the creditor refuses to effectuate rescission, or twenty days after it receives the notice of rescission.” Id. at 657 . | 2 | 2015–2015 |
Beneficial Illinois, Inc. v. Parker
green
1 sentence2020Civil liability claims for TILA violations, such as those raised in the present case, are generally subject to a one-year statute of limitations. 15 U.S.C. § 1640 (e) (2012); Beneficial Illinois, Inc. v. Parker, 2016 IL App (1st) 160186, ¶ 18 ; Manzo, 2011 IL App (1st) 103115, ¶ 48 . ¶ 31 The TILA, however, contains its own savings clause, which states as follows: “This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by rec | 1 | 2020–2020 |
US BANK NAT. ASS'N v. Manzo
green
2 sentences2018Section 1640(e) provides a savings clause for untimely claims: "This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law." Id. ¶ 31 This provision allows a borrower to bring an untimely TILA damages claim if it is brought as a defensive recoupment or set-off, "except as otherwise provided by State law." Id. ; U.S. Bank National Ass'n v. Manzo , 2 2018Section 1640(e) provides a savings clause for untimely claims: "This subsection does not bar a person from asserting a violation of this subchapter in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law." Id. ¶ 31 This provision allows a borrower to bring an untimely TILA damages claim if it is brought as a defensive recoupment or set-off, "except as otherwise provided by State law." Id. ; U.S. Bank National Ass'n v. Manzo , 2 | 1 | 2018–2018 |
Vanmeter v. Goldfarb
green
2 sentences1989Van Meter, 317 Ill. 620 , 148 N.E. 391 . 1989Van Meter, 317 Ill. 620 , 148 N.E. 391 . | 1 | 1989–1989 |
Ninth Liberty Loan Corp. v. Hardy
green
1 sentence1980Ninth Liberty Loan Corp. v. Hardy (1977), 53 Ill. | 1 | 1980–1980 |
Allensworth v. Ben Franklin Savings & Loan Ass'n
green
1 sentence1980App. 3d 1041,1045, 389 N.E.2d 684 .). | 1 | 1980–1980 |
Siegfried Wachtel and Wife, Roberta S. Wachtel v. Bryce West and Wife, Frances West
green
1 sentence1979(Stevens v. Rock Springs National Bank (10th Cir. 1974), 497 F.2d 307 ; Wachtel v. West (6th Cir. 1973), 476 F.2d 1062 , cert. denied (1973), 414 U.S. 874 , 38 L. | 1 | 1979–1979 |
Melvin Stevens v. Rock Springs National Bank, a Bank Corporation Chartered Under the United States Banking Statutes
green
1 sentence1979(Stevens v. Rock Springs National Bank (10th Cir. 1974), 497 F.2d 307 ; Wachtel v. West (6th Cir. 1973), 476 F.2d 1062 , cert. denied (1973), 414 U.S. 874 , 38 L. | 1 | 1979–1979 |
Fabrycki v. Trustees of Indiana University
green
1 sentence1979(Stevens v. Rock Springs National Bank (10th Cir. 1974), 497 F.2d 307 ; Wachtel v. West (6th Cir. 1973), 476 F.2d 1062 , cert. denied (1973), 414 U.S. 874 , 38 L. | 1 | 1979–1979 |
Mogulnicki v. Keller
green
1 sentence1979(Stevens v. Rock Springs National Bank (10th Cir. 1974), 497 F.2d 307 ; Wachtel v. West (6th Cir. 1973), 476 F.2d 1062 , cert. denied (1973), 414 U.S. 874 , 38 L. | 1 | 1979–1979 |
Woods v. Stone
green
1 sentence1948In Woods v. Stone, 333 U. S. 472 , the court said at pp. 473-478: “Respondent Stone owned a house in Mooresville, Indiana which he rented to one Locke for $75 per month beginning on or about August 1, 1944. | 1 | 1948–1948 |
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.
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.