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4 lis 2021 · To prove fraudulent concealment in a section 2-1401 petition, the petitioner must prove by clear and convincing evidence that the other party intentionally misstated or concealed a material fact which he or - 18 - No. 1-20-0850 she had a duty to disclose and that the petitioner detrimentally relied on that statement or conduct.
No. 18 L 4765 The Honorable James N. O’Hara, Judge, presiding. PRESIDING JUSTICE GORDON delivered the judgment of the court, with opinion. Justices Ellis and Burke concurred in the judgment and opinion. OPINION ¶1 Plaintiff Janice Johansson appeals the trial court’s dismissal of her case with prejudice.
This Q&A addresses the elements of actual fraud (also called common law fraud or legal fraud), including material misrepresentation and reliance and other types of fraud claims, such as equitable fraud, fraudulent concealment, and constructive fraud under Illinois law. Elements Generally. 1.
Chang Hyun Moon, 2015 IL App (1st) 143606, ¶ 11. ¶ 45 Plaintiff conflates the question of whether a cause of action for fraud on the court exists in the state of Illinois with the question of whether such cause of action can be brought against the ARDC in the circuit court where the relief requested is a reversal of an attorney disciplinary ...
¶ 8 The trial court denied the motion to dismiss plaintiffs' fraud and wage claims, finding a disputed question of material fact as to whether plaintiffs ever, in fact, signed a settlement agreement releasing those claims.
Illinois courts may grant a permanent injunction if the party seeking the injunction shows that: • It has a clear and ascertainable right in need of protection. • It is likely to suffer irreparable harm without relief. • No adequate remedy at law exists.
“Whether the ruling of the Appellate Court, 2016 IL App (4th) 150843, reversing the judgment and remanding this case for a new trial requires a trial de novo on all claims.” ¶ 15 The appellate court granted defendant’s application for an interlocutory appeal and answered the certified question in the affirmative. 2018 IL App (4th) 170864-
