American rule (Illinois) · Go Syfert
← Illinois issues

American rule in Illinois

99 Illinois opinions name it 2 courts 1851–2026 15 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 (17)

CaseFollowedCited
Wendling v. Southern Illinois Hospital Servicesgreen
ill · 2011 · cited in 6 Illinois opinions naming this issue, 2015–2021
2 sentences

2021Accordingly, the dismissal order is an appealable order that we have jurisdiction to review. ¶3 The common fund doctrine has been described as follows: “ ‘The common fund doctrine is an exception to the general American rule that, absent a statutory provision or an agreement between the parties, each party to litigation bears its own attorney fees and may not recover those fees from an adversary. [Citation.] The doctrine provides that “ ‘ a litigant or a lawyer who recovers a common fund for the benefit of persons other than himself or his client is entitled to a reasonable attorney’s fee from

2021Accordingly, the dismissal order is an appealable order that we have jurisdiction to review. ¶3 The common fund doctrine has been described as follows: “ ‘The common fund doctrine is an exception to the general American rule that, absent a statutory provision or an agreement between the parties, each party to litigation bears its own attorney fees and may not recover those fees from an adversary. [Citation.] The doctrine provides that “ ‘ a litigant or a lawyer who recovers a common fund for the benefit of persons other than himself or his client is entitled to a reasonable attorney’s fee from

56
Goldstein v. Dabs Asset Manager, Inc.green
illappct · 2008 · cited in 6 Illinois opinions naming this issue, 2011–2024
2 sentences

2024Goldstein v. DABS Asset Manager, Inc., 381 Ill.

2024Goldstein v. DABS Asset Manager, Inc., 381 Ill.

46
Scholtens v. Schneidergreen
ill · 1996 · cited in 4 Illinois opinions naming this issue, 2015–2015
2 sentences

2015Plaintiff contends this doctrine supports her claims, as it was only through her efforts that the City was reimbursed for the payments it made on her behalf, and the City, therefore, had an obligation under the common fund doctrine to pay for its proportionate share of the attorney fees incurred in realizing that reimbursement. ¶ 19 However, our supreme court has made it clear that the common fund doctrine is a “quasi-contractual right to payment of fees for services” that rests upon “equitable considerations of quantum meruit and the prevention of unjust enrichment.” Scholtens v. Schneider, 1

2015Plaintiff contends this doctrine supports her claims, as it was only through her efforts that the City was reimbursed for the payments it made on her behalf, and the City, therefore, had an obligation under the common fund doctrine to pay for its proportionate share of the attorney fees incurred in realizing that reimbursement. ¶ 19 However, our supreme court has made it clear that the common fund doctrine is a "quasi- contractual right to payment of fees for services" that rests upon "equitable considerations of quantum meruit and the prevention of unjust enrichment." Scholtens v. Schneider,

44
Brundidge v. Glendale Federal Bank, F.S.B.green
ill · 1995 · cited in 6 Illinois opinions naming this issue, 1998–2018
2 sentences

2018Much like the mandamus action by the plaintiffs in Gassman , plaintiffs here need not pursue a private right of action under the Clerks of Courts Act in seeking the equitable relief of a declaratory judgment and return of the fees unlawfully imposed in the form of restitution. ¶ 53 Moreover, to the extent that plaintiffs argue that they are seeking attorney fees, we note that "Illinois has long adhered to the general American rule that the prevailing party in a lawsuit must bear the costs of litigation, unless a statutory provision or an agreement between the parties allows the successful liti

2018Much like the mandamus action by the plaintiffs in Gassman , plaintiffs here need not pursue a private right of action under the Clerks of Courts Act in seeking the equitable relief of a declaratory judgment and return of the fees unlawfully imposed in the form of restitution. ¶ 53 Moreover, to the extent that plaintiffs argue that they are seeking attorney fees, we note that "Illinois has long adhered to the general American rule that the prevailing party in a lawsuit must bear the costs of litigation, unless a statutory provision or an agreement between the parties allows the successful liti

36
Sorenson v. Fio Ritogreen
illappct · 1980 · cited in 4 Illinois opinions naming this issue, 1991–2025
2 sentences

2025However, the American rule sometimes does not apply when a plaintiff sustains “losses directly caused by the defendant’s conduct simply because those losses happen to take the form of attorneys’ fees.” Sorenson v. Fio Rito, 90 Ill.

2025However, the American rule sometimes does not apply when a plaintiff sustains “losses directly caused by the defendant’s conduct simply because those losses happen to take the form of attorneys’ fees.” Sorenson v. Fio Rito, 90 Ill.

34
Toland v. Davisgreen
illappct · 1998 · cited in 3 Illinois opinions naming this issue, 2001–2022
2 sentences

2001Under the common-law “American rule,” litigants are generally responsible for their own attorney fees (see, e.g., Toland v. Davis, 295 Ill.

2001Under the common-law "American rule," litigants are generally responsible for their own attorney fees (see, e.g. , Toland v. Davis , 295 Ill.

33
Ritter v. Rittergreen
ill · 1943 · cited in 3 Illinois opinions naming this issue, 2008–2025
2 sentences

2025Ritter v. Ritter, 381 Ill. 549, 553 (1943).

2020Our supreme court has recognized: “[W]here 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.” Ritter, 381 Ill. at 554 (citing Philpot, 75 Ill. at 310-11 , McEwen, 37 Ill. at 537-38 , and Himes, 14 Ill. at 471-72 ). ¶ 85 Importantly, “[c]are must be taken to distinguish between the [‘American rule’] prohibitin

23
Village of Glenview v. Zwickgreen
illappct · 2005 · cited in 3 Illinois opinions naming this issue, 2019–2019
2 sentences

2019Village of Glenview v. Zwick , 356 Ill.

2019Village of Glenview v. Zwick, 356 Ill.

23
Michigan Avenue National Bank v. County of Cookgreen
ill · 2000 · cited in 2 Illinois opinions naming this issue, 2020–2020
2 sentences

2020Further, we note the supreme court has held that “Illinois follows the ‘American rule,’ which prohibits prevailing parties from recovering their attorney fees from the losing party, absent express statutory or contractual provisions.” (Emphasis added.) Sandholm v. Kuecker, 2012 IL 111443, ¶ 64 , 962 N.E.2d 418 ; see also Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 519 , 732 N.E.2d 528, 543 (2000) (“[T]he legislature has the inherent authority to repeal or change the common law and may do away with all or part of it.”).

2020Further, we note the supreme court has held that “Illinois follows the ‘American rule,’ which prohibits prevailing parties from recovering their attorney fees from the losing party, absent express statutory or contractual provisions.” (Emphasis added.) Sandholm v. Kuecker, 2012 IL 111443, ¶ 64 , 962 N.E.2d 418 ; see also Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 519 , 732 N.E.2d 528, 543 (2000) (“[T]he legislature has the inherent authority to repeal or change the common law and may do away with all or part of it.”).

22
Goodman v. Wardgreen
ill · 2011 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012See Goodman v. Ward, 241 Ill.2d 398, 404-05 , 350 Ill.Dec. 300 , 948 N.E.2d 580 (2011). ¶ 64 Turning to the merits, Illinois follows the "American rule," which prohibits prevailing parties from recovering their attorney fees from the losing party, absent express statutory or contractual provisions.

2012See Goodman v. Ward, 241 Ill.2d 398, 404-05 , 350 Ill.Dec. 300 , 948 N.E.2d 580 (2011). ¶ 64 Turning to the merits, Illinois follows the "American rule," which prohibits prevailing parties from recovering their attorney fees from the losing party, absent express statutory or contractual provisions.

22
McKenzie v. Burrisgreen
ark · 1973 · cited in 2 Illinois opinions naming this issue, 2000–2000
2 sentences

2000See, e.g. , McKenzie v. Burris , 255 Ark. 330 , 500 S.W.2d 357 (1973) (it is widely held that proceedings in suit instituted or conducted by one not entitled to practice law are a nullity, and if appropriate steps are timely taken, suit may be dismissed, a judgment may be reversed, or steps of the unauthorized practitioner disregarded); Russell v. Dopp , 36 Cal. App. 4th 765 , 42 Cal. Rptr. 2d 768 (1995) (general American rule is that unlicensed person cannot appear in court for another, and the resulting judgment is a nullity; however, client's failure to discover earlier that her attorney wa

2000See, e.g. , McKenzie v. Burris , 255 Ark. 330 , 500 S.W.2d 357 (1973) (it is widely held that proceedings in suit instituted or conducted by one not entitled to practice law are a nullity, and if appropriate steps are timely taken, suit may be dismissed, a judgment may be reversed, or steps of the unauthorized practitioner disregarded); Russell v. Dopp , 36 Cal. App. 4th 765 , 42 Cal. Rptr. 2d 768 (1995) (general American rule is that unlicensed person cannot appear in court for another, and the resulting judgment is a nullity; however, client's failure to discover earlier that her attorney wa

22
Saltiel v. Olsengreen
ill · 1981 · cited in 5 Illinois opinions naming this issue, 1992–2018
2 sentences

2018Much like the mandamus action by the plaintiffs in Gassman , plaintiffs here need not pursue a private right of action under the Clerks of Courts Act in seeking the equitable relief of a declaratory judgment and return of the fees unlawfully imposed in the form of restitution. ¶ 53 Moreover, to the extent that plaintiffs argue that they are seeking attorney fees, we note that "Illinois has long adhered to the general American rule that the prevailing party in a lawsuit must bear the costs of litigation, unless a statutory provision or an agreement between the parties allows the successful liti

2018Much like the mandamus action by the plaintiffs in Gassman , plaintiffs here need not pursue a private right of action under the Clerks of Courts Act in seeking the equitable relief of a declaratory judgment and return of the fees unlawfully imposed in the form of restitution. ¶ 53 Moreover, to the extent that plaintiffs argue that they are seeking attorney fees, we note that "Illinois has long adhered to the general American rule that the prevailing party in a lawsuit must bear the costs of litigation, unless a statutory provision or an agreement between the parties allows the successful liti

15
Diamond v. General Telephone Co.green
illappct · 1991 · cited in 1 Illinois opinions naming this issue, 2020–2020
11
National Marine, Inc. v. Illinois Environmental Protection Agencygreen
ill · 1994 · cited in 1 Illinois opinions naming this issue, 2017–2017
11
In Re Estate of Eliasgreen
illappct · 2011 · cited in 1 Illinois opinions naming this issue, 2012–2012
11
Baier v. State Farm Insurance Co.green
ill · 1977 · cited in 1 Illinois opinions naming this issue, 1991–1991
11
City of Chicago v. Fair Employment Practices Commissiongreen
ill · 1976 · cited in 1 Illinois opinions naming this issue, 1979–1979
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 (63)

CaseCitedYears
Sandholm v. Kuecker green
ill · 2012
2 sentences

2024In particular, he points out that plaintiff’s counsel billed 13.8 hours for discovery, “which amounted to [$3795] in fees taking into account Plaintiff’s stated hourly rate of $275.” Defendant contends, however, that discovery in the case “was not complicated and is not reasonably attributable to that [claimed] amount of fees.” ¶ 68 “Illinois follows the ‘American rule,’ which prohibits prevailing parties from - 22 - recovering their attorney fees from the losing party, absent express statutory or contractual provisions.” Sandholm v. Kuecker, 2012 IL 111443, ¶ 64 , 962 N.E.2d 418 .

2024In particular, he points out that plaintiff’s counsel billed 13.8 hours for discovery, “which amounted to [$3795] in fees taking into account Plaintiff’s stated hourly rate of $275.” Defendant contends, however, that discovery in the case “was not complicated and is not reasonably attributable to that [claimed] amount of fees.” ¶ 69 “Illinois follows the ‘American rule,’ which prohibits prevailing parties from recovering their attorney fees from the losing party, absent express statutory or contractual - 22 - provisions.” Sandholm v. Kuecker, 2012 IL 111443, ¶ 64 , 962 N.E.2d 418 .

132017–2026
The Forest Preserve District Of Cook County v. Continental Community Bank And Trust Company green
illappct · 2017
2 sentences

2020Id. ¶ 58 Illinois has long followed the “American rule,” which provides that each party must bear its own attorney fees and costs, absent statutory authority or a contractual agreement.

2020Id. ¶ 58 Illinois has long followed the “American rule,” which provides that each party must bear its own attorney fees and costs, absent statutory authority or a contractual agreement.

62018–2024
Alyeska Pipeline Service Co. v. Wilderness Society red
scotus · 1975
2 sentences

1992With respect to awards of attorney fees, the prevailing rule in the United States, often referred to as the “American rule” (Alyeska Pipeline Service Co. v. Wilderness Society (1975), 421 U.S. 240 , 44 L.

1992With respect to awards of attorney fees, the prevailing rule in the United States, often referred to as the “American rule” (Alyeska Pipeline Service Co. v. Wilderness Society (1975), 421 U.S. 240 , 44 L.

61975–1998
Sandholm v. Kuecker green
ill · 2012
2 sentences

2024In particular, he points out that plaintiff’s counsel billed 13.8 hours for discovery, “which amounted to [$3795] in fees taking into account Plaintiff’s stated hourly rate of $275.” Defendant contends, however, that discovery in the case “was not complicated and is not reasonably attributable to that [claimed] amount of fees.” ¶ 68 “Illinois follows the ‘American rule,’ which prohibits prevailing parties from - 22 - recovering their attorney fees from the losing party, absent express statutory or contractual provisions.” Sandholm v. Kuecker, 2012 IL 111443, ¶ 64 , 962 N.E.2d 418 .

2024In particular, he points out that plaintiff’s counsel billed 13.8 hours for discovery, “which amounted to [$3795] in fees taking into account Plaintiff’s stated hourly rate of $275.” Defendant contends, however, that discovery in the case “was not complicated and is not reasonably attributable to that [claimed] amount of fees.” ¶ 69 “Illinois follows the ‘American rule,’ which prohibits prevailing parties from recovering their attorney fees from the losing party, absent express statutory or contractual - 22 - provisions.” Sandholm v. Kuecker, 2012 IL 111443, ¶ 64 , 962 N.E.2d 418 .

52017–2024
Oak Forest Properties, LLC v. RER Financial, Inc. green
illappct · 2018
2 sentences

2023In these circumstances, we agree with the trial court that there was no basis on which to find Landlord’s actions so outrageous that they could support an award of punitive damages. ¶ 94 We next turn to Landlord’s cross-appeal, in which it contends that the trial court erred in denying its request for attorney fees. ¶ 95 “Illinois follows the ‘American rule,’ which prohibits a prevailing party from recovering its attorney fees from the losing party absent an express statutory or contractual provision.” Oak Forest Properties, LLC v. RER Financial, Inc., 2018 IL App (1st) 161704, ¶ 12 .

2022Attorney Fees ¶ 49 “Illinois follows the ‘American rule,’ which prohibits a prevailing party from recovering its attorney fees from the losing party absent an express statutory or contractual provision.” Oak Forest Properties, LLC v. RER Financial, Inc., 2018 IL App (1st) 161704 , ¶ 12.

42022–2025
People ex rel. Schad, Diamond and Shedden, P.C. v. My Pillow, Inc. green
ill · 2018
2 sentences

2020In My Pillow, this court acknowledged that “Illinois has long followed the ‘American rule’ regarding the award of attorney fees.” My Pillow, 2018 IL 122487, ¶ 17 .

2019In My Pillow, this court acknowledged that “Illinois has long followed the ‘American rule’ regarding the award of attorney fees.” My Pillow, 2018 IL 122487, ¶ 17 .

32019–2020
Willard v. Bassett green
ill · 1861
2 sentences

2020“Under that rule, each party to litigation must normally bear its own litigation expenses, regardless of who won,” and “[p]revailing parties are prohibited from recovering their attorney fees from the losing party absent express authorization by statute or by contract between the parties.” My Pillow, 2018 IL 122487 , ¶ 17. ¶ 26 In My Pillow, we recognized that in Willard v. Bassett, 27 Ill. 37 (1861), our court expressly rejected the notion that an attorney who represents himself or herself in a legal proceeding may charge a fee for professional services in prosecuting or defending the case.

2019“Under that rule, each party to litigation must normally bear its own litigation expenses, regardless of who won,” and “[p]revailing parties are prohibited from recovering their attorney fees from the losing party absent express authorization by statute or by contract between the parties.” My Pillow, 2018 IL 122487 , ¶ 17. ¶ 26 In My Pillow, we recognized that in Willard v. Bassett, 27 Ill. 37 (1861), our court expressly rejected the notion that an attorney who represents himself or herself in a legal proceeding may charge a fee for professional services in prosecuting or defending the case.

32019–2020
Hamer v. Kirk green
ill · 1976
2 sentences

2018Much like the mandamus action by the plaintiffs in Gassman , plaintiffs here need not pursue a private right of action under the Clerks of Courts Act in seeking the equitable relief of a declaratory judgment and return of the fees unlawfully imposed in the form of restitution. ¶ 53 Moreover, to the extent that plaintiffs argue that they are seeking attorney fees, we note that "Illinois has long adhered to the general American rule that the prevailing party in a lawsuit must bear the costs of litigation, unless a statutory provision or an agreement between the parties allows the successful liti

2018Much like the mandamus action by the plaintiffs in Gassman , plaintiffs here need not pursue a private right of action under the Clerks of Courts Act in seeking the equitable relief of a declaratory judgment and return of the fees unlawfully imposed in the form of restitution. ¶ 53 Moreover, to the extent that plaintiffs argue that they are seeking attorney fees, we note that "Illinois has long adhered to the general American rule that the prevailing party in a lawsuit must bear the costs of litigation, unless a statutory provision or an agreement between the parties allows the successful liti

31995–2018
Fleischmann Distilling Corp. v. Maier Brewing Co. green
scotus · 1967
2 sentences

1983While this statement correctly formulates the “American rule” (see generally Fleischmann Distilling Corp. v. Maier Brewing Co. (1967), 386 U.S. 714, 717-18 , 18 L.

1983While this statement correctly formulates the “American rule” (see generally Fleischmann Distilling Corp. v. Maier Brewing Co. (1967), 386 U.S. 714, 717-18 , 18 L.

31980–1991
Gilbert v. National Cash Register Co. green
ill · 1898
2 sentences

1933(Gilbert v. National Cash Register Co., 176 Ill. 288 ; Brundage v. Camp, 21 id. 329 .) Uniformity in the law of the several States pertaining to sales being deemed essential to the commercial welfare of the country, leaders of the American bar prepared and submitted to the legislatures of the several States a uniform sales act and a uniform conditional sales act.

1933(Gilbert v. National Cash Register Co., 176 Ill. 288 ; Brundage v. Camp, 21 id. 329 .) Uniformity in the law of the several States pertaining to sales being deemed essential to the commercial welfare of the country, leaders of the American bar prepared and submitted to the legislatures of the several States a uniform sales act and a uniform conditional sales act.

31925–1933
Nalivaika v. Murphy green
illappct · 1983
2 sentences

2024Id. at 775 . ¶ 89 Plaintiff’s situation is like that of Goldstein.

2020Our supreme court has recognized: “[W]here 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.” Ritter, 381 Ill. at 554 (citing Philpot, 75 Ill. at 310-11 , McEwen, 37 Ill. at 537-38 , and Himes, 14 Ill. at 471-72 ). ¶ 85 Importantly, “[c]are must be taken to distinguish between the [‘American rule’] prohibitin

22020–2024
City of Chicago v. Concordia Evangelical Lutheran Church green
illappct · 2017
2 sentences

2018City of Chicago v. Concordia Evangelical Lutheran Church , 2016 IL App (1st) 151864 , ¶ 85, 410 Ill.Dec. 30 , 69 N.E.3d 255 .

2018City of Chicago v. Concordia Evangelical Lutheran Church , 2016 IL App (1st) 151864 , ¶ 85, 410 Ill.Dec. 30 , 69 N.E.3d 255 .

22018–2018
In re the Marriage of Pal green
illappct · 2010
2 sentences

2011In re Marriage of Pal, 397 Ill.

2011In re Marriage of Pal, 397 Ill.

22011–2011
American Family Mutual Insurance v. Savickas green
ill · 2000
2 sentences

2003Following argument on the motions, the trial court entered an order stating that, in light of the recent decision in American Family Mutual Insurance Co. v. Savickas , 193 Ill. 2d 378 (2000), it could not address the cross-motions until a duty to defend had been determined.

2003Following argument on the motions, the trial court entered an order stating that, in light of the recent decision in American Family Mutual Insurance Co. v. Savickas, 193 Ill. 2d 378 (2000), it could not address the cross-motions until a duty to defend had been determined.

22003–2003
Russell v. Dopp green
calctapp · 1995
2 sentences

2000See, e.g. , McKenzie v. Burris , 255 Ark. 330 , 500 S.W.2d 357 (1973) (it is widely held that proceedings in suit instituted or conducted by one not entitled to practice law are a nullity, and if appropriate steps are timely taken, suit may be dismissed, a judgment may be reversed, or steps of the unauthorized practitioner disregarded); Russell v. Dopp , 36 Cal. App. 4th 765 , 42 Cal. Rptr. 2d 768 (1995) (general American rule is that unlicensed person cannot appear in court for another, and the resulting judgment is a nullity; however, client's failure to discover earlier that her attorney wa

2000See, e.g. , McKenzie v. Burris , 255 Ark. 330 , 500 S.W.2d 357 (1973) (it is widely held that proceedings in suit instituted or conducted by one not entitled to practice law are a nullity, and if appropriate steps are timely taken, suit may be dismissed, a judgment may be reversed, or steps of the unauthorized practitioner disregarded); Russell v. Dopp , 36 Cal. App. 4th 765 , 42 Cal. Rptr. 2d 768 (1995) (general American rule is that unlicensed person cannot appear in court for another, and the resulting judgment is a nullity; however, client's failure to discover earlier that her attorney wa

22000–2000
Turkey Point Property Owners' Ass'n v. Anderson green
mdctspecapp · 1995
2 sentences

2000See, e.g. , McKenzie v. Burris , 255 Ark. 330 , 500 S.W.2d 357 (1973) (it is widely held that proceedings in suit instituted or conducted by one not entitled to practice law are a nullity, and if appropriate steps are timely taken, suit may be dismissed, a judgment may be reversed, or steps of the unauthorized practitioner disregarded); Russell v. Dopp , 36 Cal. App. 4th 765 , 42 Cal. Rptr. 2d 768 (1995) (general American rule is that unlicensed person cannot appear in court for another, and the resulting judgment is a nullity; however, client's failure to discover earlier that her attorney wa

2000See, e.g., McKenzie v. Burris, 255 Ark. 330 , 500 S.W.2d 357 (1973) (it is widely held that proceedings in suit instituted or conducted by one not entitled to practice law are a nullity, and if appropriate steps are timely taken, suit may be dismissed, a judgment may be reversed, or steps of the unauthorized practitioner disregarded); Russell v. Dopp, 36 Cal. App. 4th 765 , 42 Cal. Rptr. 2d 768 (1995) (general American rule is that unlicensed person cannot appear in court for another, and the resulting judgment is a nullity; however, client’s failure to discover earlier that her attorney was u

22000–2000
Niklaus v. Abel Construction Company green
neb · 1957
2 sentences

2000App. 710 , 666 A.2d 904 (1995) (nonlawyer's filing of petition and representation of association at trial rendered petition as well as trial proceedings a nullity; judgment vacated); Gonsior v. Alternative Staffing, Inc. , 390 N.W.2d 801 (Minn. App. 1986) (under general nullity rule, appeal by one not licensed to represent another would be dismissed where client consciously chose to be represented by nonattorney; under the facts, rule would be applied in future); Niklaus v. Abel Construction Co. , 164 Neb. 842 , 83 N.W.2d 904 (1957) (action was brought on behalf of municipality by disbarred la

2000App. 710 , 666 A.2d 904 (1995) (nonlawyer's filing of petition and representation of association at trial rendered petition as well as trial proceedings a nullity; judgment vacated); Gonsior v. Alternative Staffing, Inc. , 390 N.W.2d 801 (Minn. App. 1986) (under general nullity rule, appeal by one not licensed to represent another would be dismissed where client consciously chose to be represented by nonattorney; under the facts, rule would be applied in future); Niklaus v. Abel Construction Co. , 164 Neb. 842 , 83 N.W.2d 904 (1957) (action was brought on behalf of municipality by disbarred la

22000–2000
Alliance Group, Inc. v. Rosenfield green
ohioctapp · 1996
2 sentences

2000App. 710 , 666 A.2d 904 (1995) (nonlawyer's filing of petition and representation of association at trial rendered petition as well as trial proceedings a nullity; judgment vacated); Gonsior v. Alternative Staffing, Inc. , 390 N.W.2d 801 (Minn. App. 1986) (under general nullity rule, appeal by one not licensed to represent another would be dismissed where client consciously chose to be represented by nonattorney; under the facts, rule would be applied in future); Niklaus v. Abel Construction Co. , 164 Neb. 842 , 83 N.W.2d 904 (1957) (action was brought on behalf of municipality by disbarred la

2000App. 710 , 666 A.2d 904 (1995) (nonlawyer's filing of petition and representation of association at trial rendered petition as well as trial proceedings a nullity; judgment vacated); Gonsior v. Alternative Staffing, Inc. , 390 N.W.2d 801 (Minn. App. 1986) (under general nullity rule, appeal by one not licensed to represent another would be dismissed where client consciously chose to be represented by nonattorney; under the facts, rule would be applied in future); Niklaus v. Abel Construction Co. , 164 Neb. 842 , 83 N.W.2d 904 (1957) (action was brought on behalf of municipality by disbarred la

22000–2000
House of Vision, Inc. v. Hiyane green
ill · 1969
21985–1993
State Farm Fire & Casualty Co. v. Miller Electric Co. green
illappct · 1992
21993–1993
American Aviation Supply v. Illinois Department of Revenue neutral
illappct · 2024
12024–2024
Garlick v. Bloomingdale Township green
illappct · 2018
12022–2022
Stefanski v. The City of Chicago green
illappct · 2015
12021–2021
In re Estate of Martin green
illappct · 2020
12020–2020
Himies v. Keighblingher green
ill · 1853
12020–2020
McEwen v. Kerfoot green
· 1865
12020–2020
Philpot v. Taylor green
ill · 1874
12020–2020
Young v. Alden Gardens of Waterford, LLC green
illappct · 2015
12020–2020
Peleton, Inc. v. McGivern's, Inc. green
illappct · 2007
12018–2018
Ferguson v. Patton green
ill · 2013
12017–2017
Duignan v. Lincoln Towers Ins. Agency green
illappct · 1996
12008–2008
Gonsior v. Alternative Staffing, Inc. green
minnctapp · 1986
12000–2000
Cummings v. Beaton & Associates, Inc. green
illappct · 1992
11996–1996
Chambers v. Nasco, Inc. green
scotus · 1991
11996–1996
Lord v. Hubert green
ill · 1957
11994–1994
Wolens v. American Airlines neutral
illappct · 1990
11993–1993
Baksinski v. Northwestern University green
illappct · 1992
11993–1993
Wolens v. American Airlines, Inc. green
ill · 1993
11993–1993
cluster 496741 green
ca7 · 1987
11992–1992
Harvey v. Carponelli green
illappct · 1983
11991–1991

Statutes the citing opinions construe

IL § 735 ILCS 5/2-615 (12) IL § 735 ILCS 5/2-619 (10) USC § 42u.s.c.1988 (8) IL § 735 ILCS 5/2-1005 (7) IL § 735 ILCS 5/2-1401 (5) IL § 735 ILCS 5/2-619.1 (5) IL § 815 ILCS 505/1 (5) IL § 5 ILCS 100/1-70 (4) IL § 5 ILCS 100/10-55 (4) IL § 735 ILCS 30/10-5-70 (4) IL § 735 ILCS 5/2-1203 (4) USC § 29u.s.c.1144 (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

CA 271 (1858–2026) MI 189 (1863–2026) OH 141 (1869–2026) WA 129 (1891–2026) CT 126 (1895–2026) IL 99 (1851–2026) TN 83 (1887–2026) NY 72 (1885–2026) TX 69 (1888–2026) MO 66 (1877–2019) WY 60 (1916–2026) MD 58 (1906–2025) NJ 58 (1862–2025) AL 54 (1851–2016) NM 49 (1931–2025) MA 49 (1854–2026) VA 48 (1920–2026) CO 45 (1881–2026) DC 44 (1957–2024) PA 42 (1839–2026) WI 40 (1871–2016) IN 40 (1872–2024) FL 37 (1880–2024) AR 32 (1884–2026) AZ 30 (1874–2026) DE 29 (1899–2026) VT 28 (1877–2025) RI 27 (1918–2025) WV 25 (1890–2019) UT 25 (1881–2025) SD 23 (1892–2025) IA 22 (1871–2026) ID 21 (1897–2024) MS 21 (1875–2024) MT 21 (1888–2024) GA 20 (1897–2016) OK 20 (1931–2025) KY 19 (1846–2026) OR 19 (1953–2024) HI 15 (1914–2025) KS 14 (1900–2022) ME 14 (1980–2023) MN 13 (1890–2016) NC 13 (1892–2012) NE 11 (1888–2007) ND 10 (1917–2020) AK 10 (1977–2023) NV 9 (1918–2021) LA 9 (1853–2018) NH 9 (1850–1999) SC 3 (1881–2022)

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.

← Caselaw search · G Cite Topics · Brief Check