88 Illinois opinions name it 2 courts 1979–2026 19 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 |
|---|---|---|
Smith v. Prime Cable of Chicagogreen2 sentences2021Id. ¶ 7. ¶ 25 In examining the voluntary payment doctrine, the appellate court in Midwest Medical Records noted that “ ‘[t]he kind of duress necessary to establish payment under compulsion has been expanded over the years.’ ” Id. ¶ 24 (quoting Smith v. Prime Cable of Chicago, 276 Ill. 2018App. 3d 843 , 848, 213 Ill.Dec. 304 , 658 N.E.2d 1325 (1995). " 'The doctrine [has] gradually extended * * * to recognize duress of property' " and " 'extended so as to admit of compulsion of business and circumstances.' " Id. (quoting Illinois Merchants' Trust Co. v. Harvey , 335 Ill. 284 , 289, 167 N.E. 69 (1929), overruled in part by Kanter & Eisenberg v. Madison Associates , 116 Ill. 2d 506 , 108 Ill.Dec. 476 , 508 N.E.2d 1053 (1987) ); see Getto v. City of Chicago , 86 Ill. 2d 39 , 48-51, 55 Ill.Dec. 519 , 426 N.E.2d 844 (1981) (although the plaintiffs failed to pay under protest an illeg | 14 | 19 |
Illinois Glass Co. v. Chicago Telephone Co.green2 sentences2021Therefore, the voluntary payment doctrine does not apply to this case. ¶ 22 “The common-law voluntary payment doctrine embodies the ancient and ‘universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.’ ” McIntosh v. Walgreens Boots Alliance, Inc., 2019 IL 123626, ¶ 22 (quoting Illinois Glass Co. v. Chicago Telephone Co., 234 Ill. 535, 541 (1908)). 2019King, 215 Ill. 2d at 28, 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Geary v. Dominick’s Finer Foods, Inc., 129 Ill. 2d 389, 393-94 (1989); Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . ¶ 24 In addition to compulsion or duress, other recognized exceptions to the voluntary payment doctrine include fraud or misrepresentation or mistake of a material fact. | 10 | 22 |
Getto v. City of Chicagogreen2 sentences2019King, 215 Ill. 2d at 28, 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Geary v. Dominick’s Finer Foods, Inc., 129 Ill. 2d 389, 393-94 (1989); Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . ¶ 24 In addition to compulsion or duress, other recognized exceptions to the voluntary payment doctrine include fraud or misrepresentation or mistake of a material fact. 2019Vine Street Clinic, 222 Ill. 2d at 298 ; King, 215 Ill. 2d at 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . -5- ¶ 25 The voluntary payment doctrine is a common-law rule of general application, including cases involving the erroneous collection of a tax. | 9 | 27 |
Yates v. Royal Insurancegreen2 sentences2019King, 215 Ill. 2d at 28, 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Geary v. Dominick’s Finer Foods, Inc., 129 Ill. 2d 389, 393-94 (1989); Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . ¶ 24 In addition to compulsion or duress, other recognized exceptions to the voluntary payment doctrine include fraud or misrepresentation or mistake of a material fact. 2019Vine Street Clinic, 222 Ill. 2d at 298 ; King, 215 Ill. 2d at 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . -5- ¶ 25 The voluntary payment doctrine is a common-law rule of general application, including cases involving the erroneous collection of a tax. | 9 | 9 |
Geary v. Dominick's Finer Foods, Inc.green2 sentences2019King, 215 Ill. 2d at 28, 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Geary v. Dominick’s Finer Foods, Inc., 129 Ill. 2d 389, 393-94 (1989); Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . ¶ 24 In addition to compulsion or duress, other recognized exceptions to the voluntary payment doctrine include fraud or misrepresentation or mistake of a material fact. 2019King, 215 Ill. 2d at 28, 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Geary v. Dominick’s Finer Foods, Inc., 129 Ill. 2d 389, 393-94 (1989); Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . ¶ 24 In addition to compulsion or duress, other recognized exceptions to the voluntary payment doctrine include fraud or misrepresentation or mistake of a material fact. | 7 | 14 |
King v. First Capital Financial Services Corp.green2 sentences2019King, 215 Ill. 2d at 28, 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Geary v. Dominick’s Finer Foods, Inc., 129 Ill. 2d 389, 393-94 (1989); Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . ¶ 24 In addition to compulsion or duress, other recognized exceptions to the voluntary payment doctrine include fraud or misrepresentation or mistake of a material fact. 2019Vine Street Clinic, 222 Ill. 2d at 298 ; King, 215 Ill. 2d at 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . -5- ¶ 25 The voluntary payment doctrine is a common-law rule of general application, including cases involving the erroneous collection of a tax. | 6 | 8 |
Pratt v. Smart Corp.green2 sentences2019See, e.g., Pratt v. Smart Corp., 968 S.W.2d 868, 872 (Tenn. Ct. App. 1997) (voluntary payment doctrine does not come into play in situations involving a transaction that violates public policy); U-Haul Co. of Alabama, Inc. v. Johnson, 893 So. 2d 307 , 313 n.3 (Ala. 2004) (voluntary payment doctrine does not apply in a situation that involves a transaction that violates public policy); MacDonell v. PHH Mortgage Corp., 846 N.Y.S.2d 223, 224 (App. Div. 2007) (barring - 15 - application of the voluntary payment doctrine when plaintiffs assert a statutory cause of action). ¶ 53 In my view, applicat 2019See, e.g., Pratt v. Smart Corp., 968 S.W.2d 868, 872 (Tenn. Ct. App. 1997) (voluntary payment doctrine does not come into play in situations involving a transaction that violates public policy); U-Haul Co. of Alabama, Inc. v. Johnson, 893 So. 2d 307 , 313 n.3 (Ala. 2004) (voluntary payment doctrine does not apply in a situation that involves a transaction that violates public policy); MacDonell v. PHH Mortgage Corp., 846 N.Y.S.2d 223, 224 (App. Div. 2007) (barring application of the voluntary payment doctrine when plaintiffs assert a statutory cause of action). ¶ 53 In my view, application of | 4 | 5 |
Dreyfus v. Ameritech Mobile Communications, Inc.green2 sentences2018App. 3d 843 , 848, 213 Ill.Dec. 304 , 658 N.E.2d 1325 (1995). " 'The doctrine [has] gradually extended * * * to recognize duress of property' " and " 'extended so as to admit of compulsion of business and circumstances.' " Id. (quoting Illinois Merchants' Trust Co. v. Harvey , 335 Ill. 284 , 289, 167 N.E. 69 (1929), overruled in part by Kanter & Eisenberg v. Madison Associates , 116 Ill. 2d 506 , 108 Ill.Dec. 476 , 508 N.E.2d 1053 (1987) ); see Getto v. City of Chicago , 86 Ill. 2d 39 , 48-51, 55 Ill.Dec. 519 , 426 N.E.2d 844 (1981) (although the plaintiffs failed to pay under protest an illeg 2018App. 3d 843, 848 (1995). “ ‘The doctrine [has] gradually extended *** to recognize duress of property’ ” and -5- “ ‘extended so as to admit of compulsion of business and circumstances.’ ” Id. (quoting Illinois Merchants Trust Co. v. Harvey, 335 Ill. 284, 289 (1929), overruled in part by Kanter & Eisenberg v. Madison Associates, 116 Ill. 2d 506 (1987)); see Getto v. City of Chicago, 86 Ill. 2d 39, 48-51 (1981) (although the plaintiffs failed to pay under protest an illegal tax on their telephone bills, the threat of telephone service shut off for nonpayment “amounted to compulsion that would fo | 4 | 4 |
McIntosh v. Walgreens Boots Alliance, Inc.green2 sentences2026Therefore, SIH argues, the fraud deprived SIH of the knowledge required to apply the voluntary payment doctrine. ¶ 51 In evaluating the parties’ arguments, we note that the Illinois Supreme Court summarized the voluntary payment doctrine as it exists in Illinois in McIntosh v. Walgreens Boots Alliance, Inc., 2019 IL 123626 , ¶¶ 22-24, where it stated: 18 “The common-law voluntary payment doctrine embodies the ancient and ‘universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recov 2026Construction argues that the court’s ruling in favor of ComEd for 2015 and 2016 volume discounts was against the manifest weight of the evidence and it was not barred from recovery. ¶ 115 The voluntary payment doctrine embodies “the ancient and universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recovered back on the ground that the claim was illegal.” (Internal quotation marks omitted.) McIntosh v. Walgreens Boots Alliance, Inc., 2019 IL 123626, ¶ 22 . | 2 | 7 |
Illinois Graphics Co. v. Nickumgreen2 sentences2019King, 215 Ill. 2d at 28, 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Geary v. Dominick’s Finer Foods, Inc., 129 Ill. 2d 389, 393-94 (1989); Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . ¶ 24 In addition to compulsion or duress, other recognized exceptions to the voluntary payment doctrine include fraud or misrepresentation or mistake of a material fact. 2019Vine Street Clinic, 222 Ill. 2d at 298 ; King, 215 Ill. 2d at 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . -5- ¶ 25 The voluntary payment doctrine is a common-law rule of general application, including cases involving the erroneous collection of a tax. | 2 | 7 |
Alvarez v. Pappasgreen2 sentences2021Alvarez v. Pappas, 229 Ill. 2d 217, 221 (2008). ¶ 24 To determine the meaning of an overpayment under the statute, in Alvarez the supreme court stated that “Webster’s dictionary defines ‘overpayment’ as: ‘payment in excess of what is due.’ ” Id. at 225 . 2021Alvarez v. Pappas, 229 Ill. 2d 217, 221 (2008). ¶ 24 To determine the meaning of an overpayment under the statute, in Alvarez the supreme court stated that “Webster’s dictionary defines ‘overpayment’ as: ‘payment in excess of what is due.’ ” Id. at 225 . | 2 | 6 |
Hagerty v. General Motors Corp.green2 sentences2019Freund, 114 Ill. 2d at 79 ; Adams, 63 Ill. 2d at 343-44 ; Hagerty, 59 Ill. 2d at 59-60 . -7- ¶ 26 In support of his assertion that the voluntary payment doctrine does not apply to claims brought under the Consumer Fraud Act, McIntosh relies primarily on the appellate court’s decisions in Nava v. Sears, Roebuck & Co., 2013 IL App (1st) 122063 , Ramirez v. Smart Corp., 371 Ill. 2019Freund, 114 Ill. 2d at 79 ; Adams, 63 Ill. 2d at 343-44 ; Hagerty, 59 Ill. 2d at 59-60 . ¶ 26 In support of his assertion that the voluntary payment doctrine does not apply to claims brought under the Consumer Fraud Act, McIntosh relies primarily on the appellate court’s decisions in Nava v. Sears, Roebuck & Co., 2013 IL App (1st) 122063 , Ramirez v. Smart Corp., 371 Ill. | 2 | 6 |
Kanter & Eisenberg v. Madison Associatesgreen2 sentences2018App. 3d 843 , 848, 213 Ill.Dec. 304 , 658 N.E.2d 1325 (1995). " 'The doctrine [has] gradually extended * * * to recognize duress of property' " and " 'extended so as to admit of compulsion of business and circumstances.' " Id. (quoting Illinois Merchants' Trust Co. v. Harvey , 335 Ill. 284 , 289, 167 N.E. 69 (1929), overruled in part by Kanter & Eisenberg v. Madison Associates , 116 Ill. 2d 506 , 108 Ill.Dec. 476 , 508 N.E.2d 1053 (1987) ); see Getto v. City of Chicago , 86 Ill. 2d 39 , 48-51, 55 Ill.Dec. 519 , 426 N.E.2d 844 (1981) (although the plaintiffs failed to pay under protest an illeg 2018App. 3d 843 , 848, 213 Ill.Dec. 304 , 658 N.E.2d 1325 (1995). " 'The doctrine [has] gradually extended * * * to recognize duress of property' " and " 'extended so as to admit of compulsion of business and circumstances.' " Id. (quoting Illinois Merchants' Trust Co. v. Harvey , 335 Ill. 284 , 289, 167 N.E. 69 (1929), overruled in part by Kanter & Eisenberg v. Madison Associates , 116 Ill. 2d 506 , 108 Ill.Dec. 476 , 508 N.E.2d 1053 (1987) ); see Getto v. City of Chicago , 86 Ill. 2d 39 , 48-51, 55 Ill.Dec. 519 , 426 N.E.2d 844 (1981) (although the plaintiffs failed to pay under protest an illeg | 2 | 6 |
Adams v. Jewel Companies, Inc.green2 sentences2019Freund, 114 Ill. 2d at 79 ; Adams, 63 Ill. 2d at 343-44 ; Hagerty, 59 Ill. 2d at 59-60 . -7- ¶ 26 In support of his assertion that the voluntary payment doctrine does not apply to claims brought under the Consumer Fraud Act, McIntosh relies primarily on the appellate court’s decisions in Nava v. Sears, Roebuck & Co., 2013 IL App (1st) 122063 , Ramirez v. Smart Corp., 371 Ill. 2019Freund, 114 Ill. 2d at 79 ; Adams, 63 Ill. 2d at 343-44 ; Hagerty, 59 Ill. 2d at 59-60 . ¶ 26 In support of his assertion that the voluntary payment doctrine does not apply to claims brought under the Consumer Fraud Act, McIntosh relies primarily on the appellate court’s decisions in Nava v. Sears, Roebuck & Co., 2013 IL App (1st) 122063 , Ramirez v. Smart Corp., 371 Ill. | 2 | 5 |
Harris v. ChartOnegreen2 sentences2026Therefore, SIH argues, the fraud deprived SIH of the knowledge required to apply the voluntary payment doctrine. ¶ 51 In evaluating the parties’ arguments, we note that the Illinois Supreme Court summarized the voluntary payment doctrine as it exists in Illinois in McIntosh v. Walgreens Boots Alliance, Inc., 2019 IL 123626 , ¶¶ 22-24, where it stated: 18 “The common-law voluntary payment doctrine embodies the ancient and ‘universally recognized rule that money voluntarily paid under a claim of right to the payment and with knowledge of the facts by the person making the payment cannot be recov 2007The appellate court applied the voluntary payment doctrine to dismiss the complaint, noting that "plaintiffs’ allegations do not show that the plaintiffs were compelled to accept the records from the defendants and pay the defendants’ invoices." Harris, 362 Ill. | 2 | 4 |
Freund v. Avis Rent-A-Car System, Inc.green2 sentences2019King, 215 Ill. 2d at 28, 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Geary v. Dominick’s Finer Foods, Inc., 129 Ill. 2d 389, 393-94 (1989); Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . ¶ 24 In addition to compulsion or duress, other recognized exceptions to the voluntary payment doctrine include fraud or misrepresentation or mistake of a material fact. 2019Vine Street Clinic, 222 Ill. 2d at 298 ; King, 215 Ill. 2d at 30 ; Illinois Graphics, 159 Ill. 2d at 497 ; Freund, 114 Ill. 2d at 79 ; Getto, 86 Ill. 2d at 49 ; Illinois Glass Co., 234 Ill. at 541 ; Yates, 200 Ill. at 207 . -5- ¶ 25 The voluntary payment doctrine is a common-law rule of general application, including cases involving the erroneous collection of a tax. | 2 | 4 |
Robinson v. Toyota Motor Credit Corp.green2 sentences2018To state a claim under the Consumer Fraud Act, a plaintiff must allege "(1) a deceptive act or practice by the defendant; (2) the defendant's intent that the plaintiff rely on the deception; and (3) the occurrence of the deception during a course of conduct involving trade or commerce." Robinson v. Toyota Motor Credit Corp. , 201 Ill. 2d 403 , 417, 266 Ill.Dec. 879 , 775 N.E.2d 951 (2002). ¶ 13 The voluntary payment doctrine states that money voluntarily paid under a claim of right to the payment, and with knowledge of the facts by the person making the payment, cannot be recovered back on the 2018To state a claim under the Consumer Fraud Act, a plaintiff must allege "(1) a deceptive act or practice by the defendant; (2) the defendant's intent that the plaintiff rely on the deception; and (3) the occurrence of the deception during a course of conduct involving trade or commerce." Robinson v. Toyota Motor Credit Corp. , 201 Ill. 2d 403 , 417, 266 Ill.Dec. 879 , 775 N.E.2d 951 (2002). ¶ 13 The voluntary payment doctrine states that money voluntarily paid under a claim of right to the payment, and with knowledge of the facts by the person making the payment, cannot be recovered back on the | 2 | 3 |
Lusinski v. Dominick's Finer Foods, Inc.green2 sentences2013As applied to tax disputes, the voluntary payment doctrine provides that “a retailer who collected [tax] which was later held to have been erroneously imposed [is] not subject to a suit for refund from its customers if the customers paid the tax voluntarily and if the retailer had remitted the tax to the State.” Lusinski v. Dominick’s Finer Foods, Inc., 136 Ill. 1989App. 3d at 645 .) The court simply held: “We adopt the Isberian court’s definition of duress as used in the context of the voluntary payment doctrine and conclude that plaintiff’s inability to use a discount coupon does not rise to the level of duress necessary to state a cause of action ***.” Lusinski, 136 Ill. | 2 | 3 |
| Vine Street Clinic v. HealthLink, Inc.green | 2 | 2 |
| Groves v. Farmers State Bankgreen | 2 | 2 |
| State of Iowa Ex Rel. Thomas J. Miller, Attorney General for Iowa v. Vertrue, Incorporated F/K/A Memberworks, Inc., a Delaware Corporation Adaptive Marketing, LLC, a Delaware Limited Liability Company Idaptive Marketing, LLC, a Delaware Limited Liability Companygreen | 2 | 2 |
| Getty Oil Company v. The United Statesgreen | 2 | 2 |
| Sobel v. Hertz Corp.green | 2 | 2 |
| INDOOR BILLBOARD WASHINGTON, INC. v. Integra Telecom of Washington, Inc.green | 2 | 2 |
| Commercial National Bank v. Brunogreen | 2 | 2 |
| Huch v. Charter Communications, Inc.green | 2 | 2 |
| MacDonell v. PHH Mortgage Corp.green | 2 | 2 |
| Leetaru v. The Board of Trustees of the University of Illinoisgreen | 2 | 2 |
| Cisco Communications v. National Fire Insurance Company of Hartfordgreen | 2 | 2 |
| Great Lakes Mortgage Corp. v. Collymoregreen | 2 | 2 |
| Wermers Floorcovering, Inc. v. Santanna Natural Gas Corp.green | 2 | 2 |
| Burtell v. First Charter Service Corp.green | 2 | 2 |
Ramirez v. Smart Corp.green2 sentences2019Freund, 114 Ill. 2d at 79 ; Adams, 63 Ill. 2d at 343-44 ; Hagerty, 59 Ill. 2d at 59-60 . ¶ 26 In support of his assertion that the voluntary payment doctrine does not apply to claims brought under the Consumer Fraud Act, McIntosh relies primarily on the appellate court’s decisions in Nava v. Sears, Roebuck & Co., 2013 IL App (1st) 122063 , Ramirez v. Smart Corp., 371 Ill. 2019In that footnote, the Ramirez court concluded that the voluntary payment doctrine could not be applied to the -6- plaintiff’s claims for excessive copying charges because to do so “would violate the fairness requirements of the Consumer Fraud Act.” Ramirez, 371 Ill. | 1 | 5 |
Flournoy v. Ameritechgreen2 sentences2019The appellate court held that the plaintiff’s claim was not barred by the voluntary payment doctrine because he had alleged a deceptive practice under the Consumer Fraud Act that was “in the nature of fraud.” Id. at 587 . 2019The appellate court held that the plaintiff’s claim was not barred by the voluntary payment doctrine because he had alleged a deceptive practice under the Consumer Fraud Act that was “in the nature of fraud.” Id. at 587 . | 1 | 4 |
Jenkins v. Concorde Acceptance Corp.green2 sentences2005On appeal, the appellate court affirmed the circuit court’s decision on the sole basis that the voluntary payment doctrine barred plaintiffs’ claims. 345 Ill. 2005On appeal, the appellate court affirmed the circuit court’s decision on the sole basis that the voluntary payment doctrine barred plaintiffs’ claims. 345 Ill. | 1 | 4 |
Norton v. City of Chicagogreen2 sentences2022We do not find this argument persuasive. ¶ 56 Under the voluntary payment doctrine, a payment is made under duress when the payee “exert[s] some actual or threatened power over the payor from which the payor has no immediate relief except by paying.” (Internal quotation marks omitted.) Norton v. City of Chicago, 293 Ill. 2018Id. at 627 , 228 Ill.Dec. 810 , 690 N.E.2d 119 . | 1 | 3 |
Illinois Merchants Trust Co. v. Harveygreen2 sentences2018App. 3d 843 , 848, 213 Ill.Dec. 304 , 658 N.E.2d 1325 (1995). " 'The doctrine [has] gradually extended * * * to recognize duress of property' " and " 'extended so as to admit of compulsion of business and circumstances.' " Id. (quoting Illinois Merchants' Trust Co. v. Harvey , 335 Ill. 284 , 289, 167 N.E. 69 (1929), overruled in part by Kanter & Eisenberg v. Madison Associates , 116 Ill. 2d 506 , 108 Ill.Dec. 476 , 508 N.E.2d 1053 (1987) ); see Getto v. City of Chicago , 86 Ill. 2d 39 , 48-51, 55 Ill.Dec. 519 , 426 N.E.2d 844 (1981) (although the plaintiffs failed to pay under protest an illeg 2018App. 3d 843 , 848, 213 Ill.Dec. 304 , 658 N.E.2d 1325 (1995). " 'The doctrine [has] gradually extended * * * to recognize duress of property' " and " 'extended so as to admit of compulsion of business and circumstances.' " Id. (quoting Illinois Merchants' Trust Co. v. Harvey , 335 Ill. 284 , 289, 167 N.E. 69 (1929), overruled in part by Kanter & Eisenberg v. Madison Associates , 116 Ill. 2d 506 , 108 Ill.Dec. 476 , 508 N.E.2d 1053 (1987) ); see Getto v. City of Chicago , 86 Ill. 2d 39 , 48-51, 55 Ill.Dec. 519 , 426 N.E.2d 844 (1981) (although the plaintiffs failed to pay under protest an illeg | 1 | 3 |
| Midwest Med. Records Ass'n, Inc. v. Browngreen | 1 | 2 |
| United Private Detective & Security Ass'n v. City of Chicagogreen | 1 | 2 |
| West Suburban Hospital Medical Center v. Hynesgreen | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Walworth Investments-LG, LLC v. Mu Sigma, Inc.
green
2 sentences2025Walworth Investments-LG, LLC v. Mu Sigma, Inc., 2022 IL 127177, ¶ 38 . ¶ 30 On appeal, Schmidt argues that the trial court erred in dismissing his complaint because Collinsville’s administrative fee was not rationally related to a legitimate legislative purpose; that Collinsville’s impoundment of motor vehicles ordinance violated his substantive due process rights; and that the voluntary payment doctrine did not bar him from seeking a refund of the fees he paid. ¶ 31 A. Facial Challenge ¶ 32 Schmidt does not argue that the ordinance impacts his fundamental rights. 2025Walworth Investments-LG, LLC v. Mu Sigma, Inc., 2022 IL 127177, ¶ 38 . ¶ 23 On appeal, Funkhouser argues that the trial court erred in dismissing his complaint because Granite City’s administrative fee was not rationally related to a legitimate legislative purpose, that Granite City’s impoundment of motor vehicles ordinance violated his substantive due process rights, and that the voluntary payment doctrine did not bar him from seeking a refund of the fees he paid. ¶ 24 A. Facial Challenge ¶ 25 Funkhouser does not argue that the ordinance impacts his fundamental rights. | 5 | 2025–2025 |
Goldstein Oil Co. v. County of Cook
green
2 sentences2017We see no indication in the Estate Tax Act that such “communication” is a prerequisite under the Estate Tax Act for penalties, interest, or personal liability. ¶ 38 Defendants further assert that “even if [plaintiff] had received demand letters from the State or threats of litigation asserting an incorrect tax liability, those would not have constituted legal ‘duress’ sufficient to warrant an exception to the voluntary payment doctrine.” For this assertion defendants cite Goldstein Oil Co. v. County of Cook, 156 Ill. 2017We see no indication in the Estate Tax Act that such “communication” is a prerequisite under the Estate Tax Act for penalties, interest, or personal liability. ¶ 38 Defendants further assert that “even if [plaintiff] had received demand letters from the State or threats of litigation asserting an incorrect tax liability, those would not have constituted legal ‘duress’ sufficient to warrant an exception to the voluntary payment doctrine.” For this assertion defendants cite Goldstein Oil Co. v. County of Cook, 156 Ill. | 4 | 2005–2017 |
Inland Real Estate Corp. v. Oak Park Trust & Savings Bank
green
2 sentences2001App. 3d 466 (1992), states: "Under the principle known as the voluntary payment doctrine, taxes voluntarily paid, even if erroneously, cannot be recovered unless recovery is authorized by statute. ( Getto v. City of Chicago (1981), 86 Ill. 2d 39 , 426 N.E.2d 844 ; Inland Real Estate Corp. v. Oak Park Trust & Savings Bank (1983), 127 Ill. 1985App. 3d 535, 549-50 , 469 N.E.2d 204, 214 .) Payment under protest is the typical means by which a taxpayer signifies his contention that a tax is improper, but the absence of a protest alone does not require application of the voluntary payment doctrine. | 4 | 1985–2001 |
Ross v. City of Geneva
green
2 sentences1981This court held that "[c]onfronted with the choice of payment of the surcharge or termination of service, plaintiff, in making the payment, acted with prudence and is not barred [by the voluntary-payment doctrine] from recovery of the sums paid." ( 71 Ill.2d 27, 33-34 .) It was held that the plaintiff could bring a class action to recover all sums paid over the 13-year period involved. 1981This court held that u[c] on-fronted with the choice of payment of the surcharge or termination of service, plaintiff, in making the payment, acted with prudence and is not barred [by the voluntary-payment doctrine] from recovery of the sums paid.” ( 71 Ill. 2d 27, 33-34 .) It was held that the plaintiff could bring a class action to recover all sums paid over the 13-year period involved. | 4 | 1981–1998 |
Walker v. Chasteen
green
2 sentences2025Walker II, 2021 IL 126086, ¶ 28 . 2023Walker II, 2021 IL 126086, ¶ 28 . | 3 | 2022–2025 |
Nava v. Sears, Roebuck and Company
green
2 sentences2019Freund, 114 Ill. 2d at 79 ; Adams, 63 Ill. 2d at 343-44 ; Hagerty, 59 Ill. 2d at 59-60 . -7- ¶ 26 In support of his assertion that the voluntary payment doctrine does not apply to claims brought under the Consumer Fraud Act, McIntosh relies primarily on the appellate court’s decisions in Nava v. Sears, Roebuck & Co., 2013 IL App (1st) 122063 , Ramirez v. Smart Corp., 371 Ill. 2019Freund, 114 Ill. 2d at 79 ; Adams, 63 Ill. 2d at 343-44 ; Hagerty, 59 Ill. 2d at 59-60 . ¶ 26 In support of his assertion that the voluntary payment doctrine does not apply to claims brought under the Consumer Fraud Act, McIntosh relies primarily on the appellate court’s decisions in Nava v. Sears, Roebuck & Co., 2013 IL App (1st) 122063 , Ramirez v. Smart Corp., 371 Ill. | 3 | 2018–2019 |
Parmar v. Madigan
green
2 sentences2018The appellate court, after holding that plaintiff's suit fell within the officer suit exception to sovereign immunity, rejected defendants' alternative argument that dismissal of plaintiff's complaint was proper pursuant to the voluntary payment doctrine. 2017 IL App (2d) 160286 , ¶¶ 32-40, 412 Ill.Dec. 551 , 75 N.E.3d 1064 . 2018The appellate court, after holding that plaintiff's suit fell within the officer suit exception to sovereign immunity, rejected defendants' alternative argument that dismissal of plaintiff's complaint was proper pursuant to the voluntary payment doctrine. 2017 IL App (2d) 160286 , ¶¶ 32-40, 412 Ill.Dec. 551 , 75 N.E.3d 1064 . | 3 | 2017–2018 |
| MBS-Certified Public Accountants, LLC v. Wisconsin Bell Inc. green | 2 | 2019–2019 |
| McIntosh v. Walgreens Boots Alliance, Inc. neutral | 2 | 2019–2019 |
| U-Haul Co. of Alabama, Inc. v. Johnson green | 2 | 2019–2019 |
| Elston v. City of Chicago green | 2 | 2019–2019 |
| Better Government Ass'n v. Illinois High School Ass'n green | 2 | 2019–2019 |
| Schoeberlein v. Purdue University green | 2 | 2018–2018 |
| J&J Ventures Gaming, LLC v. Wild, Inc. green | 2 | 2018–2018 |
| Ball v. Village of Streamwood green | 2 | 2017–2017 |
| People v. Leola B. green | 2 | 2011–2011 |
| In Re AH green | 2 | 2011–2011 |
| Dunbar v. American Telephone & Telegraph Co. neutral | 2 | 2003–2003 |
| Ransburg v. Haase green | 2 | 2003–2003 |
| Bass v. South Cook County Mosquito Abatement District green | 2 | 2001–2001 |
| Jiffy Lube International, Inc. v. Agarwal green | 2 | 2000–2000 |
| Terra-Nova Investments v. Rosewell green | 2 | 1997–1997 |
| Scoa Industries, Inc. v. Howlett green | 2 | 1988–1989 |
| Isberian v. Village of Gurnee green | 2 | 1988–1989 |
| Liberty Mutual Insurance v. Zambole green | 1 | 2026–2026 |
| Project44, Inc. v. FourKites, Inc. green | 1 | 2026–2026 |
| Funkhouser v. City of Granite City neutral | 1 | 2025–2025 |
| Carter v. The City of Alton green | 1 | 2025–2025 |
| Nicholson v. Shapiro & Associates, LLC green | 1 | 2022–2022 |
| Gajda v. Steel Solutions Firm, Inc. green | 1 | 2022–2022 |
| Rush University Medical Center v. Sessions green | 1 | 2019–2019 |
| Cripe v. Leiter green | 1 | 2018–2018 |
| Epstein v. Chicago Bd. of Educ. green | 1 | 2018–2018 |
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.