reasonable diligence standard (Illinois) · Go Syfert
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reasonable diligence standard in Illinois

11 Illinois opinions name it 2 courts 1987–2026 2 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 (3)

CaseFollowedCited
Tischer v. Jordangreen
illappct · 1995 · cited in 4 Illinois opinions naming this issue, 2007–2010
2 sentences

2010App. 3d at 980 (“[D]elay, even when inadvertent and unintentional, provides no support for Long’s position because the reasonable diligence requirement in Supreme Court Rule 103(b) is not based upon a subjective test of plaintiff’s intent but rather upon the objective test of reasonable diligence in effectuating service”), citing Tischer v. Jordan, 269 Ill.

2010App. 3d at 980 ("[D]elay, even when inadvertent and unintentional, provides no support for Long's position because the reasonable diligence requirement in Supreme Court Rule 103(b) is not based upon a subjective test of plaintiffs intent but rather upon the objective test of reasonable diligence in effectuating service"), citing Tischer v. Jordan , 269 Ill.

14
Dutch Farm Meats, Inc. v. Horizon Foods, Inc.green
illappct · 1995 · cited in 1 Illinois opinions naming this issue, 2021–2021
1 sentence

2021Additionally, the reasonable diligence standard in section 5.25(b)(2) of the Act (805 ILCS 5/5.25(b)(2) (West 2010)) - 20 - Nos. 1-19-1669 & 1-19-2124 (cons.) requires only service attempts on the registered agent at the registered office and does not “require attempted service on a corporate officer or other agent.” Dutch Farm Meats, Inc. v. Horizon Foods, Inc., 275 Ill.

11
Catlett v. Novakgreen
ill · 1987 · cited in 1 Illinois opinions naming this issue, 1999–1999
2 sentences

1999In Catlett v. Novak, 116 Ill. 2d 63, 70 , 506 N.E.2d 586, 590 (1987), the court again held there is no “absolute right” to voluntary dismissal under section 2—1009 when that section conflicts with supreme court rules.

1999In Catlett v. Novak, 116 Ill. 2d 63, 70 , 506 N.E.2d 586, 590 (1987), the court again held there is no “absolute right” to voluntary dismissal under section 2—1009 when that section conflicts with supreme court rules.

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 (7)

CaseCitedYears
Lewis v. Dillon green
illappct · 2004
2 sentences

2010App. 3d 301, 307 (1995), and Lewis v. Dillon, 352 Ill.

2010App. 3d 301 , 307 (1995), and Lewis v. Dillon , 352 Ill.

22010–2010
Kahle v. John Deere Co. green
ill · 1984
2 sentences

1987The plaintiff cites this court’s decisions in Kahle v. John Deere Co. (1984), 104 Ill. 2d 302 , Aranda v. Hobart Manufacturing Corp. (1977), 66 Ill. 2d 616 , and Franzese v. Trinko (1977), 66 Ill. 2d 136 , as support for his position that he has an absolute right to refile his complaint within one year of a voluntary dismissal.

1987The plaintiff cites this court's decisions in Kahle v. John Deere Co. (1984), 104 Ill.2d 302 , Aranda v. Hobart Manufacturing Corp. (1977), 66 Ill.2d 616 , and Franzese v. Trinko (1977), 66 Ill.2d 136 , as support for his position that he has an absolute right to refile his complaint within one year of a voluntary dismissal.

21987–1987
Franzese v. Trinko green
ill · 1977
2 sentences

1987The plaintiff cites this court’s decisions in Kahle v. John Deere Co. (1984), 104 Ill. 2d 302 , Aranda v. Hobart Manufacturing Corp. (1977), 66 Ill. 2d 616 , and Franzese v. Trinko (1977), 66 Ill. 2d 136 , as support for his position that he has an absolute right to refile his complaint within one year of a voluntary dismissal.

1987The plaintiff cites this court's decisions in Kahle v. John Deere Co. (1984), 104 Ill.2d 302 , Aranda v. Hobart Manufacturing Corp. (1977), 66 Ill.2d 616 , and Franzese v. Trinko (1977), 66 Ill.2d 136 , as support for his position that he has an absolute right to refile his complaint within one year of a voluntary dismissal.

21987–1987
Aranda v. Hobart Manufacturing Corp. green
ill · 1977
2 sentences

1987The plaintiff cites this court’s decisions in Kahle v. John Deere Co. (1984), 104 Ill. 2d 302 , Aranda v. Hobart Manufacturing Corp. (1977), 66 Ill. 2d 616 , and Franzese v. Trinko (1977), 66 Ill. 2d 136 , as support for his position that he has an absolute right to refile his complaint within one year of a voluntary dismissal.

1987The plaintiff cites this court's decisions in Kahle v. John Deere Co. (1984), 104 Ill.2d 302 , Aranda v. Hobart Manufacturing Corp. (1977), 66 Ill.2d 616 , and Franzese v. Trinko (1977), 66 Ill.2d 136 , as support for his position that he has an absolute right to refile his complaint within one year of a voluntary dismissal.

21987–1987
Segal v. Sacco green
ill · 1990
1 sentence

2026In Segal, 136 Ill. 2d 282 , our supreme court set out seven factors to be considered when deciding a motion to dismiss pursuant to Rule 103(b).

12026–2026
Marks v. Rueben H. Donnelley, Inc. green
illappct · 1994
1 sentence

2020We have discerned no divergence in the Rule 103(b) cases such as the two lines of cases on section 2–1401 petitions.” Marks, 260 Ill.

12020–2020
Cohen v. Wood Bros. Steel Stamping Co. green
illappct · 1991
1 sentence

1994App. 3d 354 , 592 N.E.2d 59 , in asking that the reasonable diligence requirement be relaxed in the interests of fairness.

11994–1994

Where else courts name it

PA 25 (1995–2026) CA 19 (1976–2025) RI 15 (1991–2019) TX 12 (1996–2026) OH 12 (1983–2026) IL 11 (1987–2026) UT 9 (2004–2024) MS 7 (2003–2017) WI 6 (1995–2024) AZ 5 (2008–2020) OR 4 (1954–2015) MI 3 (2022–2022) OK 3 (1998–2011) KS 3 (1977–2026) MA 3 (1997–2006) IA 2 (1991–2002) KY 2 (2011–2014) NE 2 (1984–1988) NM 2 (1951–2005) VA 2 (2006–2013) SC 2 (2000–2003)

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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