election of remedies is applicable doctrine (Illinois) · Go Syfert
← Illinois issues

election of remedies is applicable doctrine in Illinois

10 Illinois opinions name it 2 courts 1982–2021 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.

Followed or applied (2)

CaseFollowedCited
Lempa v. Finkelgreen
illappct · 1996 · cited in 5 Illinois opinions naming this issue, 1997–2021
2 sentences

2021Id. ¶ 22 I. ¶ 23 Jacob first argues that the doctrine of election of remedies precluded the court from entering summary judgment against him because plaintiff sought recovery from Jane Cluver in her bankruptcy case. ¶ 24 “The doctrine of election of remedies is applicable only where one party has elected inconsistent remedies for the same injury or cause of action.” Lempa v. Finkel, 278 Ill.

2008“The doctrine of election of remedies is applicable only where a party has elected inconsistent remedies for the same injury or cause of action. [Citations.] The prosecution of one remedial right to judgment or decree constitutes an election barring subsequent prosecution of inconsistent remedial rights. [Citations.] For instance, a remedy based on the affirmance of a contract (e.g., damages) is generally inconsistent with one based on the disaffirmance of the contract (e.g., rescission). [Citations.] Thus, the election of either remedy is an abandonment of the other.” Lempa v. Finkel, 278 Ill

55
Hanson-Suminski v. Rohrman Midwest Motors, Inc.green
illappct · 2008 · cited in 1 Illinois opinions naming this issue, 2015–2015
1 sentence

2015However, “[t]he doctrine of election of remedies is applicable only where a party has elected inconsistent remedies for the same injury or cause of action.” (Internal quotation marks omitted.) Hanson-Suminski v. Rohrman Midwest Motors, Inc., 386 Ill.

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 (4)

CaseCitedYears
District 141, International Ass'n of MacHinists & Aerospace Workers v. Industrial Commission green
ill · 1980
2 sentences

1983While we do not condone plaintiff’s nondisclosure, we find that the doctrine of election of remedies is applicable, where, as here, a party would receive a double recovery (District 141, International Association of Machinists v. Industrial Com. (1980), 79 Ill. 2d 544, 550-51 , 404 N.E.2d 787, 789 ).

1983While we do not condone plaintiff’s nondisclosure, we find that the doctrine of election of remedies is applicable, where, as here, a party would receive a double recovery (District 141, International Association of Machinists v. Industrial Com. (1980), 79 Ill. 2d 544, 550-51 , 404 N.E.2d 787, 789 ).

21982–1983
Seymour v. Collins green
ill · 2015
1 sentence

2021Id. ¶ 22 I. ¶ 23 Jacob first argues that the doctrine of election of remedies precluded the court from entering summary judgment against him because plaintiff sought recovery from Jane Cluver in her bankruptcy case. ¶ 24 “The doctrine of election of remedies is applicable only where one party has elected inconsistent remedies for the same injury or cause of action.” Lempa v. Finkel, 278 Ill.

12021–2021
Harris v. Manor Healthcare Corp. green
ill · 1986
2 sentences

1993"The doctrine of the election of remedies is applicable only where a party has elected between inconsistent remedies for the same injury or cause of action.” (Harris v. Manor Healthcare Corp. (1986), 111 Ill. 2d 350, 366 , 489 N.E.2d 1374, 1381 .) "The doctrine does not apply to concurrent remedies that are not inconsistent with each other ***.” (Manor Healthcare Corp., 111 Ill. 2d at 366 , 489 N.E.2d at 1381 .) Mellon’s pursuit of foreclosure under the mortgages is both concurrent and consistent.

1993"The doctrine of the election of remedies is applicable only where a party has elected between inconsistent remedies for the same injury or cause of action.” (Harris v. Manor Healthcare Corp. (1986), 111 Ill. 2d 350, 366 , 489 N.E.2d 1374, 1381 .) "The doctrine does not apply to concurrent remedies that are not inconsistent with each other ***.” (Manor Healthcare Corp., 111 Ill. 2d at 366 , 489 N.E.2d at 1381 .) Mellon’s pursuit of foreclosure under the mortgages is both concurrent and consistent.

11993–1993
Jackson v. Industrial Board neutral
ill · 1917
1 sentence

1986Rev. 274 , 316-19.) In Jackson v. Industrial Board (1917), 280 Ill. 526 , this court stated: “The doctrine of the election of remedies is applicable only where a party has elected between inconsistent remedies for the same injury or cause of action.

11986–1986

Statutes the citing opinions construe

IL § 815 ILCS 505/1 (3) USC § 15u.s.c.2301 (3)

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

IL 10 (1982–2021) SC 2 (1950–2006) CA 2 (1974–2023)

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