abandoning claim (Illinois) · Go Syfert
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abandoning claim in Illinois

6 Illinois opinions name it 1 courts 1976–2025 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 (4)

CaseFollowedCited
Shaw v. Closegreen
illappct · 1968 · cited in 2 Illinois opinions naming this issue, 1976–1978
2 sentences

1978App.3d 620, 622 , 350 N.E.2d 249, 251 , Mr. Justice Moran succinctly summarized the Illinois view on the enforcement of releases: "A release, in essence, is the abandoning of a claim to the person *735 against whom the claim exists and where the release is executed with knowledge of its meaning, causes of action covered by the release are barred. ( Shaw v. Close, 92 Ill.

1978(Shaw v. Close, 92 Ill.

22
Ogren v. Gravesgreen
illappct · 1976 · cited in 5 Illinois opinions naming this issue, 1978–2025
2 sentences

2025He also fails to acknowledge that Tradex is making an argument about the meaning of the statute. ¶ 29 “A release, in essence, is the abandoning of a claim to the person against whom the claim exists and where the release is executed with knowledge of its meaning, causes of action covered by the release are barred.” Ogren v. Graves, 39 Ill.

1978App. 3d 620, 622 , 350 N.E.2d 249, 251 , Mr. Justice Moran succinctly summarized the Illinois view on the enforcement of releases: “A release, in essence, is the abandoning of a claim to the person against whom the claim exists and where the release is executed with knowledge of its meaning, causes of action covered by the release are barred.

15
International Ins. Co. v. Sargent & Lundygreen
illappct · 1993 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025App. 3d 620, 622 (1976); International Insurance Co. v. Sargent & Lundy, 242 Ill.

11
Child v. Lincoln Enterprises, Inc.green
illappct · 1964 · cited in 1 Illinois opinions naming this issue, 1978–1978
1 sentence

1978App.2d 1, 3 (1968).) Because the law favors compromise, the party contending that a release was secured as a result of fraud, misrepresentation, or mistake, must prove such by clear and convincing evidence. ( Child v. Lincoln Enterprises, Inc., 51 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 (1)

CaseCitedYears
Witek v. Leisure Technology Midwest, Inc. green
illappct · 1976
1 sentence

1978App. 3d 637, 640 ; 350 N.E.2d 242, 245 .) “A release, in essence, is the abandoning of a claim to the person against whom the claim exists and where the release is executed with knowledge of its meaning, causes of action covered by the release are barred.” (Ogren v. Graves (1976), 39 Ill.

11978–1978

Where else courts name it

IL 6 (1976–2025) PA 2 (2009–2016)

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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