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9 Illinois opinions name it 2 courts 2008–2016 0 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. Waukegan Park Dist.green2 sentences2015"Undoubtedly, the existence of tort immunity may be raised in a section 2-619(a)(9) motion to dismiss." Smith v. Waukegan Park District, 231 Ill. 2d 111, 121 (2008). ¶ 20 Under either section 2-615 or section 2-619, our review is de novo. 2015"Undoubtedly, the existence of tort immunity may be raised in a section 2-619(a)(9) motion to dismiss." Smith v. Waukegan Park District, 231 Ill. 2d 111, 121 (2008). ¶ 20 Under either section 2-615 or section 2-619, our review is de novo. | 5 | 6 |
Van Meter v. Darien Park Dist.green2 sentences2008Van Meter, 207 Ill.2d at 367, 278 Ill.Dec. 555 , 799 N.E.2d 273 . 2008Van Meter, 207 Ill. 2d at 367 . | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Mauvis-Jarvis v. Wong
green
2 sentences2015Mauvais-Jarvis v. Wong, 2013 IL App (1st) 120070, ¶ 64 . 2015Mauvais-Jarvis v. Wong, 2013 IL App (1st) 120070, ¶ 64 . | 3 | 2015–2015 |
Howle v. Aqua Illinois, Inc.
green
2 sentences2016Howle[ v. Aqua Illinois, Inc.], 2012 IL App (4th) 120207, ¶ 34 , 978 N.E.2d 1132 ; Smith, 231 Ill. 2d at 120-22 , 896 N.E.2d at 238 ; In re Marriage of Vaughn, 403 Ill. 2016Howle[ v. Aqua Illinois, Inc.], 2012 IL App (4th) 120207, ¶ 34 , 978 N.E.2d 1132 ; Smith, 231 Ill. 2d at 120-22 , 896 N.E.2d at 238 ; In re Marriage of Vaughn, 403 Ill. | 2 | 2015–2016 |
In Re Marriage of Vaughn
green
2 sentences2016Howle[ v. Aqua Illinois, Inc.], 2012 IL App (4th) 120207, ¶ 34 , 978 N.E.2d 1132 ; Smith, 231 Ill. 2d at 120-22 , 896 N.E.2d at 238 ; In re Marriage of Vaughn, 403 Ill. 2015Howle[ v. Aqua Illinois, Inc.], 2012 IL App (4th) 120207, ¶ 34 , 978 N.E.2d 1132 ; Smith, 231 Ill. 2d at 120-22 , 896 N.E.2d at 238 ; In re Marriage of Vaughn, 403 Ill. | 2 | 2015–2016 |
Jackson v. Randle
green
1 sentence2013Smith, 231 Ill. 2d at 121 , 896 N.E.2d at 238 (tort immunity); Jackson v. Randle, 2011 IL App (4th) 100790, ¶ 12 , 957 N.E.2d 572 (standing); see also 4 Richard A. Michael, Illinois Practice § 41:7, at 475-78 (2d ed. 2011) (listing other defenses Illinois courts have held to be affirmative matters). ¶ 34 An affirmative matter does not include “ ‘evidence upon which defendant expects to contest an ultimate fact stated in the complaint.’ ” Smith, 231 Ill. 2d at 121 , 896 N.E.2d at 238 (quoting 4 Richard A. Michael, Illinois Practice § 41.7, at 332 (1989)); Malanowski v. Jabamoni, 293 Ill. | 1 | 2013–2013 |
Jackson v. Randle
green
1 sentence2013Smith, 231 Ill. 2d at 121 , 896 N.E.2d at 238 (tort immunity); Jackson v. Randle, 2011 IL App (4th) 100790, ¶ 12 , 957 N.E.2d 572 (standing); see also 4 Richard A. Michael, Illinois Practice § 41:7, at 475-78 (2d ed. 2011) (listing other defenses Illinois courts have held to be affirmative matters). ¶ 34 An affirmative matter does not include “ ‘evidence upon which defendant expects to contest an ultimate fact stated in the complaint.’ ” Smith, 231 Ill. 2d at 121 , 896 N.E.2d at 238 (quoting 4 Richard A. Michael, Illinois Practice § 41.7, at 332 (1989)); Malanowski v. Jabamoni, 293 Ill. | 1 | 2013–2013 |
Malanowski v. Jabamoni
green
1 sentence2013Smith, 231 Ill. 2d at 121 , 896 N.E.2d at 238 (tort immunity); Jackson v. Randle, 2011 IL App (4th) 100790, ¶ 12 , 957 N.E.2d 572 (standing); see also 4 Richard A. Michael, Illinois Practice § 41:7, at 475-78 (2d ed. 2011) (listing other defenses Illinois courts have held to be affirmative matters). ¶ 34 An affirmative matter does not include “ ‘evidence upon which defendant expects to contest an ultimate fact stated in the complaint.’ ” Smith, 231 Ill. 2d at 121 , 896 N.E.2d at 238 (quoting 4 Richard A. Michael, Illinois Practice § 41.7, at 332 (1989)); Malanowski v. Jabamoni, 293 Ill. | 1 | 2013–2013 |
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.