should dismiss claim (Illinois) · Go Syfert
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should dismiss claim in Illinois

5 Illinois opinions name it 1 courts 2018–2025 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 (2)

CaseFollowedCited
Marshall v. Burger King Corp.green
ill · 2006 · cited in 4 Illinois opinions naming this issue, 2018–2024
2 sentences

2024Marshall, 222 Ill. 2d at 429 .

2020Marshall, 222 Ill. 2d at 429 , 856 N.E.2d at 1053 .

14
Santelli v. City of Chicagogreen
illappct · 1991 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025Dismissal With Prejudice ¶ 60 Plaintiffs argue that Judge Schneider erred in dismissing their claims of fraud and breach of contract with prejudice, “thereby denying Plaintiffs’ right to replead.” ¶ 61 A court should dismiss a claim with prejudice pursuant to section 2-615 “only where it is clearly apparent that the plaintiffs can prove no set of facts entitling recovery.” Norabuena v. Medtronic, Inc., 2017 IL App (1st) 162928, ¶ 39 ; see also Santelli v. City of Chicago, 222 Ill. App. 3d 862, 871 (1991) (“[A] trial court should grant leave to amend a complaint unless it is apparent - 15 - tha

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Statutes the citing opinions construe

IL § 735 ILCS 5/2-615 (4) IL § 735 ILCS 5/2-619 (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

ME 29 (2006–2023) WA 8 (1994–2026) IL 5 (2018–2025) IA 4 (2012–2025) DE 3 (2017–2023)

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.

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