cost of vindicating claim (Illinois) · Go Syfert
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cost of vindicating claim in Illinois

7 Illinois opinions name it 2 courts 2006–2022 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 (1)

CaseFollowedCited
Maxwell v. Fidelity Financial Services, Inc.green
ariz · 1995 · cited in 4 Illinois opinions naming this issue, 2006–2008
2 sentences

2008Rather, the court held that the determination must be made on a case-by-case basis, considering such circumstances as "the fairness and balance of the contract terms, the presence of unfair surprise, and the cost of vindicating the claim relative to the amount of damages that might be awarded." Kinkel, 223 Ill. 2d at 42-43 , 857 N.E.2d at 275 (citing Maxwell, 184 Ariz. at 89 , 907 P.2d at 58 ).

2008Rather, the court held that the determination must be made on a case-by-case basis, considering such circumstances as "the fairness and balance of the contract terms, the presence of unfair surprise, and the cost of vindicating the claim relative to the amount of damages that might be awarded." Kinkel, 223 Ill. 2d at 42-43 , 857 N.E.2d at 275 (citing Maxwell, 184 Ariz. at 89 , 907 P.2d at 58 ).

24

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 (1)

CaseCitedYears
Kinkel v. Cingular Wireless, LLC green
ill · 2006
2 sentences

2009“Relevant circumstances include the fairness and balance of the contract terms, the presence of unfair surprise, and the cost of vindicating the claim relative to the amount of damages that might be awarded under the dispute resolution provisions of the contract.” Kinkel, 223 Ill. 2d at 42-43 , 857 N.E.2d at 275 .

2009“Relevant circumstances include the fairness and balance of the contract terms, the presence of unfair surprise, and the cost of vindicating the claim relative to the amount of damages that might be awarded under the dispute resolution provisions of the contract.” Kinkel, 223 Ill. 2d at 42-43 , 857 N.E.2d at 275 .

52008–2022

Statutes the citing opinions construe

IL § 815 ILCS 505/1 (5)

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.

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