fraudulent purpose exception (Illinois) · Go Syfert
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fraudulent purpose exception in Illinois

5 Illinois opinions name it 2 courts 2019–2020 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.

Followed or applied (3)

CaseFollowedCited
People v. Hughesgreen
ill · 2015 · cited in 3 Illinois opinions naming this issue, 2019–2019
2 sentences

2019See People v. Hughes , 2015 IL 117242 , ¶ 38, 410 Ill.Dec. 246 , 69 N.E.3d 791 (noting that new factual theories on appeal "deprive the formerly prevailing party of the opportunity to present evidence on that point").

2019See People v. Hughes , 2015 IL 117242 , ¶ 38, 410 Ill.Dec. 246 , 69 N.E.3d 791 (noting that new factual theories on appeal "deprive the formerly prevailing party of the opportunity to present evidence on that point").

33
Tebbens v. Levin & Condegreen
illappct · 2018 · cited in 3 Illinois opinions naming this issue, 2019–2019
2 sentences

2019Tebbens v. Levin & Conde , 2018 IL App (1st) 170777 , ¶ 25, 423 Ill.Dec. 892 , 107 N.E.3d 263 (former client forfeited appellate review of his claim that res judicata did not bar his malpractice claim against law firm that represented him in an underlying divorce proceeding on ground that the elements of res judicata were not met, where client did not contest that elements were met before the trial court, but only argued that an exception to res judicata applied).

2019Tebbens v. Levin & Conde , 2018 IL App (1st) 170777 , ¶ 25, 423 Ill.Dec. 892 , 107 N.E.3d 263 (former client forfeited appellate review of his claim that res judicata did not bar his malpractice claim against law firm that represented him in an underlying divorce proceeding on ground that the elements of res judicata were not met, where client did not contest that elements were met before the trial court, but only argued that an exception to res judicata applied).

23
A.G. Cullen Construction, Inc. v. Burnham Partners, LLCgreen
illappct · 2015 · cited in 3 Illinois opinions naming this issue, 2019–2019
2 sentences

2019See 740 ILCS 160/6(a) (West 2016); Bank of America , 2015 IL App (1st) 132551 , ¶ 87, 392 Ill.Dec. 895 , 33 N.E.3d 696 ; Sharif , 2014 IL App (1st) 133008 , ¶ 18, 387 Ill.Dec. 564 , 22 N.E.3d 1217 ; Burnham , 2015 IL App (1st) 122538 , ¶¶ 25, 35, 390 Ill.Dec. 647 , 29 N.E.3d 579 . ¶ 43 The dissent contends that our consideration of the fraudulent purpose exception to achieve a just result only frames the question from Holloway's perspective, and it is "decidedly unfair" to Oakridge Healthcare.

2019See 740 ILCS 160/6(a) (West 2016); Bank of America , 2015 IL App (1st) 132551 , ¶ 87, 392 Ill.Dec. 895 , 33 N.E.3d 696 ; Sharif , 2014 IL App (1st) 133008 , ¶ 18, 387 Ill.Dec. 564 , 22 N.E.3d 1217 ; Burnham , 2015 IL App (1st) 122538 , ¶¶ 25, 35, 390 Ill.Dec. 647 , 29 N.E.3d 579 . ¶ 43 The dissent contends that our consideration of the fraudulent purpose exception to achieve a just result only frames the question from Holloway's perspective, and it is "decidedly unfair" to Oakridge Healthcare.

23

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 (4)

CaseCitedYears
Northwestern Memorial Hospital v. Sharif green
illappct · 2014
2 sentences

2019See 740 ILCS 160/6(a) (West 2016); Bank of America , 2015 IL App (1st) 132551 , ¶ 87, 392 Ill.Dec. 895 , 33 N.E.3d 696 ; Sharif , 2014 IL App (1st) 133008 , ¶ 18, 387 Ill.Dec. 564 , 22 N.E.3d 1217 ; Burnham , 2015 IL App (1st) 122538 , ¶¶ 25, 35, 390 Ill.Dec. 647 , 29 N.E.3d 579 . ¶ 43 The dissent contends that our consideration of the fraudulent purpose exception to achieve a just result only frames the question from Holloway's perspective, and it is "decidedly unfair" to Oakridge Healthcare.

2019See 740 ILCS 160/6(a) (West 2016); Bank of America , 2015 IL App (1st) 132551 , ¶ 87, 392 Ill.Dec. 895 , 33 N.E.3d 696 ; Sharif , 2014 IL App (1st) 133008 , ¶ 18, 387 Ill.Dec. 564 , 22 N.E.3d 1217 ; Burnham , 2015 IL App (1st) 122538 , ¶¶ 25, 35, 390 Ill.Dec. 647 , 29 N.E.3d 579 . ¶ 43 The dissent contends that our consideration of the fraudulent purpose exception to achieve a just result only frames the question from Holloway's perspective, and it is "decidedly unfair" to Oakridge Healthcare.

32019–2019
Bank of America v. WS Management, Inc. green
illappct · 2015
2 sentences

2019See 740 ILCS 160/6(a) (West 2016); Bank of America , 2015 IL App (1st) 132551 , ¶ 87, 392 Ill.Dec. 895 , 33 N.E.3d 696 ; Sharif , 2014 IL App (1st) 133008 , ¶ 18, 387 Ill.Dec. 564 , 22 N.E.3d 1217 ; Burnham , 2015 IL App (1st) 122538 , ¶¶ 25, 35, 390 Ill.Dec. 647 , 29 N.E.3d 579 . ¶ 43 The dissent contends that our consideration of the fraudulent purpose exception to achieve a just result only frames the question from Holloway's perspective, and it is "decidedly unfair" to Oakridge Healthcare.

2019See 740 ILCS 160/6(a) (West 2016); Bank of America , 2015 IL App (1st) 132551 , ¶ 87, 392 Ill.Dec. 895 , 33 N.E.3d 696 ; Sharif , 2014 IL App (1st) 133008 , ¶ 18, 387 Ill.Dec. 564 , 22 N.E.3d 1217 ; Burnham , 2015 IL App (1st) 122538 , ¶¶ 25, 35, 390 Ill.Dec. 647 , 29 N.E.3d 579 . ¶ 43 The dissent contends that our consideration of the fraudulent purpose exception to achieve a just result only frames the question from Holloway's perspective, and it is "decidedly unfair" to Oakridge Healthcare.

32019–2019
Vernon v. Schuster green
ill · 1997
1 sentence

2020The fraudulent purpose exception exists “where the transaction is for the fraudulent purpose of escaping liability for the seller’s obligations.” Vernon, 179 Ill. 2d at 345 .

12020–2020
Abazari v. Rosalind Franklin University of Medicine and Science green
illappct · 2015
1 sentence

2020Abazari v. Rosalind Franklin University of Medicine and Science, 2015 IL App (2d) 140952, ¶ 13 .

12020–2020

Statutes the citing opinions construe

IL § 740 ILCS 160/5 (4) IL § 775 ILCS 5/1-101 (4) IL § 735 ILCS 5/2-1005 (3) IL § 740 ILCS 160/6 (3) USC § 29u.s.c.151 (3) USC § 42u.s.c.2000e (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.

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