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

44 Illinois opinions name it 3 courts 1980–2026 18 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 (18)

CaseFollowedCited
People v. Gutierrezgreen
ill · 2012 · cited in 3 Illinois opinions naming this issue, 2012–2016
2 sentences

2016People v. Gutierrez, 2012 IL 111590, ¶ 16 .

2012See People v. Gutierrez, 2012 IL 111590, ¶ 16 , 356 Ill.

23
Bianchi v. Savino Del Bene International Freight Forwarders, Inc.green
illappct · 2002 · cited in 2 Illinois opinions naming this issue, 2021–2021
2 sentences

2021See Bianchi v. Savino Del Bene International Freight Forwarders, Inc., 329 Ill.

2021See Bianchi v. Savino Del Bene International Freight Forwarders, Inc., 329 Ill.

22
People v. Winsettgreen
ill · 1992 · cited in 2 Illinois opinions naming this issue, 2002–2002
2 sentences

2002“It is well established that the scope of post-conviction review is limited to constitutional matters which have not been, and could not have been, previously adjudicated.” (Emphasis added.) People v. Winsett, 153 Ill. 2d 335, 346 , 606 N.E.2d 1186, 1193 (1992).

2002“It is well established that the scope of post-conviction review is limited to constitutional matters which have not been, and could not have been, previously adjudicated.” (Emphasis added.) People v. Winsett, 153 Ill. 2d 335, 346 , 606 N.E.2d 1186, 1193 (1992).

22
People v. Harrisgreen
ill · 2007 · cited in 2 Illinois opinions naming this issue, 2011–2011
2 sentences

2011(West 2004)) provides a procedural mechanism by which any person imprisoned in the penitentiary may assert that there was a substantial denial of a federal or state constitutional right in the proceeding that resulted in his or her conviction. 725 ILCS 5/122-1(a) (West 2004); People v. Harris, 224 Ill.2d 115, 124 , 308 Ill.Dec. 757 , 862 N.E.2d 960 (2007).

2011(West 2004)) provides a procedural mechanism by which any person imprisoned in the penitentiary may assert that there was a substantial denial of a federal or state constitutional right in the proceeding that resulted in his or her conviction. 725 ILCS 5/122-1(a) (West 2004); People v. Harris, 224 Ill.2d 115, 124 , 308 Ill.Dec. 757 , 862 N.E.2d 960 (2007).

12
Voyles v. Sandia Mortgage Corp.green
ill · 2001 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Voyles v. Sandia Mortgage Corp., 196 Ill. 2d 288, 300-01 (2001); Anderson v. Vanden Dorpel, 172 Ill. 2d 399, 406-07 (1996). ¶ 65 The court dismissed the claim on the first element, finding that 3R lacked a valid business expectancy. 3R says the legal requirements of the BEP Act, along with its factual allegations, were sufficient to plead a cognizable expectancy.

11
Anderson v. Vanden Dorpelgreen
ill · 1996 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Voyles v. Sandia Mortgage Corp., 196 Ill. 2d 288, 300-01 (2001); Anderson v. Vanden Dorpel, 172 Ill. 2d 399, 406-07 (1996). ¶ 65 The court dismissed the claim on the first element, finding that 3R lacked a valid business expectancy. 3R says the legal requirements of the BEP Act, along with its factual allegations, were sufficient to plead a cognizable expectancy.

11
Ritter v. Rittergreen
ill · 1943 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025Ritter v. Ritter, 381 Ill. 549, 553 (1943).

11
Erickson v. Knox County Wind Farm LLCgreen
illappct · 2024 · cited in 1 Illinois opinions naming this issue, 2025–2025
1 sentence

2025Id.; see Erickson v. Knox County Wind Farm LLC, 2024 IL App (4th) 230726, ¶ 65 (“if the dismissal is because of a perceived substantive legal deficiency—for example, the plaintiffs have not sustained damages as a matter of law and, therefore, lack standing to sue—the dismissal order is final”). 21 No. 1-23-0739 ¶ 57 Accordingly, we conclude that we have jurisdiction over this case under Rule 301 and not Rule 304(a). ¶ 58 Our conclusion that the April 13, 2023, order was final and appealable is further supported by the trial court’s later entry of Pnevmatikos’s requested memoranda of judgment.

11
Kopley Group v. L.P. v. Sheridan Edgewater Properties, Ltd.green
illappct · 2007 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024Critically, “the reliance by the plaintiff must be justified, i.e., [they] must have had a right to rely.” Kopley Group V., L.P. v. Sheridan Edgewater Properties, 376 Ill.

11
RBC Mortgage Co. v. National Union Fire Insurancegreen
illappct · 2004 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023See 735 ILCS 5/2-615 (West 2022); RBC Mortgage Co. v. National Union Fire Insurance Co. of Pittsburgh, 349 Ill.

11
Vilardo v. Barrington Community School District 220green
illappct · 2010 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023Vilardo v. Barrington Community School District 220, 406 Ill.

11
People v. Blakegreen
illappct · 2022 · cited in 1 Illinois opinions naming this issue, 2023–2023
1 sentence

2023As this court has stated repeatedly, because postconviction counsel is not obligated to advance frivolous claims, “ ‘ “the question of whether the pro se allegations had merit is crucial to determining whether counsel acted unreasonably by not filing an amended petition.” ’ ” Blake, 2022 IL App (2d) 210154, ¶ 15 (quoting People v. Gallano, 2019 IL App - 11 - No. 1-21-1301 (1st) 160570, ¶ 30, quoting Profit, 2012 IL App (1st) 101307, ¶ 23 ).

11
Alpha School Bus Co., Inc. v. Wagnergreen
illappct · 2009 · cited in 1 Illinois opinions naming this issue, 2022–2022
1 sentence

2022See, e.g., Alpha School Bus Co. v. Wagner, 391 Ill.

11
People v. Sandersgreen
ill · 2016 · cited in 1 Illinois opinions naming this issue, 2021–2021
11
Outboard Marine Corp. v. Liberty Mutual Insurancegreen
ill · 1992 · cited in 1 Illinois opinions naming this issue, 2020–2020
11
People v. Gutierrezgreen
ill · 2012 · cited in 1 Illinois opinions naming this issue, 2012–2012
11
People v. Ericksongreen
ill · 1994 · cited in 1 Illinois opinions naming this issue, 1997–1997
11
Towns v. Yellow Cab Co.green
ill · 1978 · cited in 1 Illinois opinions naming this issue, 1992–1992
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 (28)

CaseCitedYears
Bonhomme v. St. James green
ill · 2012
2 sentences

2020Bonhomme, 2012 IL 112393, ¶ 17 . ¶ 22 Here, plaintiff’s claim of promissory estoppel last appeared in his first amended complaint after the case was voluntarily dismissed and re-filed.

2012As discussed above, reference to a dismissed claim in a plaintiff’s final amended complaint (actually filed in the trial court) gives “the court and the defendant *** objective means of knowing with certainty which claims the plaintiff is pursuing” and “ensure[s] that a cause proceeds to trial only on the claims contained in the final amended complaint.” Bonhomme, 2012 IL 112393, ¶ 29 . ¶ 46 Here, plaintiffs simultaneously filed a one-count third amended complaint alleging legal malpractice only and a motion for leave to file a two-count third amended complaint alleging legal malpractice and f

22012–2020
Boatmen's National Bank v. Direct Lines, Inc. green
ill · 1995
2 sentences

2012Id. at 99 , 212 Ill.Dec. 267 , 656 N.E.2d 1101 .

2012Id. at 99 , 212 Ill.Dec. 267 , 656 N.E.2d 1101 .

22012–2012
Lott v. Strang green
illappct · 2000
2 sentences

2001The trial court dismissed the claim, and the Fourth District Appellate Court affirmed the dismissal, concluding that section 316 of the Restatement does not require parents to “prevent their children from ever entering into a situation where they might commit a negligent act.” Lott, 312 Ill.

2001The trial court dismissed the claim, and the Fourth District Appellate Court affirmed the dismissal, concluding that section 316 of the Restatement does not require parents to "prevent their children from ever entering into a situation where they might commit a negligent act." Lott , 312 Ill.

22001–2001
Dobbert v. Florida green
scotus · 1977
2 sentences

2000Dobbert, 432 U.S. at 292 , 97 S.Ct. at 2298 , 53 L.Ed.2d at 355 .

2000Dobbert, 432 U.S. at 292 , 97 S.Ct. at 2298 , 53 L.Ed.2d at 355 .

22000–2000
Rushing v. United Airlines green
ilnd · 1996
2 sentences

1996According to Rushing, Geise "signals that such a claim against an employee's actual employer * * * is preempted by the [Act] [citation], Al-Dabbagh [citation] reserved judgment as to whether such a claim was viable against the offending employee." Rushing, 919 F.Supp. at 1112 .

1996According to Rushing, Geise "signals that such a claim against an employee’s actual employer *** is preempted by the [Act] [citation], Al-Dabbagh [citation] reserved judgment as to whether such a claim was viable against the offending employee.” Rushing, 919 F. Supp. at 1112 .

21996–1996
Kroutil v. State Farm Mutual Automobile Insurance Company green
illappct · 2021
1 sentence

2026Moles, 2023 IL App (1st) 220853, ¶ 20 ; Kroutil, 2021 IL App (4th) 210238, ¶ 19 .

12026–2026
540 North Lake Shore Drive Condominium Ass'n v. MCZ Development Corp. green
illappct · 2025
1 sentence

2026Under these unique allegations, we agree. - 13 - No. 1-24-1911 ¶ 66 An actionable business expectancy is one that is “sufficiently concrete” to rise above the mere “hope of consummating a business relationship.” 540 North Lake Shore Drive Condominium Ass’n v. MCZ Development Corp., 2025 IL App (1st) 230733, ¶ 38 .

12026–2026
Moles v. Illinois Farmers Insurance Company green
illappct · 2023
1 sentence

2026Moles, 2023 IL App (1st) 220853, ¶ 20 ; Kroutil, 2021 IL App (4th) 210238, ¶ 19 .

12026–2026
People v. Nesbitt green
illappct · 2023
1 sentence

2026People v. Nesbitt, 2023 IL App (1st) 211301, ¶ 42 .

12026–2026
Ash v. PSP Distribution, LLC green
illappct · 2023
2 sentences

2025The trial court dismissed this claim on two grounds: (1) the Consumer Fraud Act claim was preempted insofar as it duplicated claims for breach of contract or section 155 and (2) even if the “claim for consumer fraud was not preempted,” plaintiff failed to plead the elements of a claim under the Consumer Fraud Act. ¶ 149 “The Consumer Fraud Act protects ‘consumers, borrowers, and business persons against fraud, unfair methods of competition, and other unfair and deceptive business practices.’ ” (Internal quotation marks omitted.) Ash v. PSP Distribution, LLC, 2023 IL App (1st) 220151, ¶ 23 .

2025The Consumer Fraud Act defines deceptive acts or practices as “including but not limited to the use or employment of any deception, fraud, false pretenses, false promise, misrepresentation or the concealment, suppression or omission of any material fact, with intent that others rely upon the concealment, suppression or omission of such material fact *** in the conduct of any trade or commerce.” 815 ILCS 505/2 (West 2024). ¶ 150 “Under the Consumer Fraud Act, the plaintiff must allege (i) the defendant engaged in a deceptive act or practice, (ii) intending that the plaintiff rely on the decepti

12025–2025
Rich v. Baldwin green
illappct · 1985
1 sentence

2025Id.

12025–2025
Bowes v. Alvarez neutral
illappct · 2024
1 sentence

2025The trial court dismissed the claim with prejudice pursuant to section 2-615 of the Code. ¶ 23 A motion to dismiss under section 2-615 challenges the legal sufficiency of a complaint by alleging defects apparent on its face. 735 ILCS 5/2-615 (West 2022); Bowes v. Alvarez, 2024 IL App (1st) 230749, ¶ 18 .

12025–2025
Phillips v. DePaul University green
illappct · 2014
1 sentence

2025The Consumer Fraud Act defines deceptive acts or practices as “including but not limited to the use or employment of any deception, fraud, false pretenses, false promise, misrepresentation or the concealment, suppression or omission of any material fact, with intent that others rely upon the concealment, suppression or omission of such material fact *** in the conduct of any trade or commerce.” 815 ILCS 505/2 (West 2024). ¶ 150 “Under the Consumer Fraud Act, the plaintiff must allege (i) the defendant engaged in a deceptive act or practice, (ii) intending that the plaintiff rely on the decepti

12025–2025
Dowd & Dowd, Ltd. v. Gleason green
ill · 1998
1 sentence

2024The trial court dismissed this claim under section 2-615 because “Revite does not plead that it was induced to buy the commercial property based on the roof rights, as the complaint focuses on Boryslavska’s inducement to purchase a residential unit based on the representations of the roof rights.” ¶ 42 The tort of negligent misrepresentation requires proof of “(1) a false statement of material fact, (2) carelessness or negligence in ascertaining the truth of the statement by the [speaker], (3) an intention to induce the other party to act, (4) action by the other party in reliance ***, and (5)

12024–2024
Pullen v. Mulligan green
ill · 1990
1 sentence

2023However, the court found the statutory requirement for an application to request a VBM ballot (see 10 ILCS 5/19-2 (West 2018)) and the requirement to submit VBM ballots with the return envelope (see id. §§ 19-6, 19-8(g)) to be -4- No. 1-22-0785 mandatory.

12023–2023
People v. Profit green
illappct · 2012
1 sentence

2023As this court has stated repeatedly, because postconviction counsel is not obligated to advance frivolous claims, “ ‘ “the question of whether the pro se allegations had merit is crucial to determining whether counsel acted unreasonably by not filing an amended petition.” ’ ” Blake, 2022 IL App (2d) 210154, ¶ 15 (quoting People v. Gallano, 2019 IL App - 11 - No. 1-21-1301 (1st) 160570, ¶ 30, quoting Profit, 2012 IL App (1st) 101307, ¶ 23 ).

12023–2023
People v. Buffer green
ill · 2019
1 sentence

2022If the “40-year cutoff” announced in People v. Buffer, 2019 IL 122327 , could apply, through the proportionate penalties clause, to individuals over the age of 18, then in the court’s view “this circumstance is not it.” The court dismissed that claim as well. ¶ 60 II.

12022–2022
Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc. green
scotus · 1993
12010–2010
Stahelin v. Forest Preserve District green
illappct · 2007
12010–2010
Iseberg v. Gross green
illappct · 2006
12007–2007
Material Service Corp. v. Department of Revenue green
ill · 1983
11995–1995
The PEOPLE v. Thomas green
ill · 1958
11995–1995
Boe v. State green
ilclaimsct · 1984
11993–1993
Metzger v. Fitzsimmons green
illappct · 1988
11992–1992
HOUSING DEV. AUTH. v. MZ Constr. Corp. green
illappct · 1982
11988–1988
Morrow v. L. A. Goldschmidt Associates, Inc. green
ill · 1986
11988–1988
Haas v. Westlake Community Hospital green
illappct · 1980
11986–1986
People v. Cannon green
illappct · 1974
11980–1980

Statutes the citing opinions construe

IL § 735 ILCS 5/2-615 (13) IL § 735 ILCS 5/2-619 (9) IL § 725 ILCS 5/122-1 (6) IL § 815 ILCS 505/1 (5) IL § 735 ILCS 5/2-1005 (4) IL § 735 ILCS 5/2-619.1 (4) IL § 725 ILCS 5/122-2 (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

NY 49 (1910–2025) IL 44 (1980–2026) OH 34 (1989–2025) TX 28 (1961–2024) PA 27 (1943–2025) WA 27 (1988–2024) CA 20 (1957–2025) FL 19 (1973–2024) MI 18 (1980–2024) LA 15 (1950–2025) NJ 12 (1966–2024) AZ 12 (1971–2023) CO 11 (1962–2026) MD 10 (1961–2020) TN 10 (1978–2022) OR 10 (1973–2026) WI 10 (1977–2025) VT 9 (1988–2023) OK 8 (1931–2023) MO 8 (1988–2017) UT 8 (1987–2025) AL 7 (1976–2026) DC 6 (1974–2021) MS 6 (1996–2019) IN 5 (1987–2015) NC 5 (2001–2017) GA 4 (1970–2017) VA 4 (1981–2016) SD 4 (2007–2018) NH 4 (1995–2017) KY 4 (1986–2020) ID 4 (1983–2018) NM 4 (1970–2011) DE 4 (2017–2026) SC 4 (1983–2025) AR 3 (1986–2023) KS 3 (1989–2023) WV 3 (1999–2005) IA 3 (1961–2017) NE 2 (1990–2005) ND 2 (2003–2005) RI 2 (1991–2004) WY 2 (1985–2018) CT 2 (1998–2014) MN 2 (1987–2000)

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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