64 Ill. 2d 434 - Hamer v. Kirk’s Empirical Analysis

1976

Citation profile

137

cited by 137 later decisions

states following

October 2021

most recently cited

119 state decisions

How this case has been cited

Cited by 137 later decisions — most recently October 2021 · most notably 193 Ill. 2d 560 - Morris B. Chapman & Associates, Ltd. v. Kitzman (2000), 72 Ill. 2d 73 - Fiorito v. Jones (1978)

119 state decisions — followed in 12 states

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on Alyeska Pipeline Service Company v. Wilderness Society · The Wilderness Society v. Rogers C. B. Morton, Secretary of the Interior · 42 Ill. 2d 45 - House of Vision, Inc. v. Hiyane · 62 Ill. 2d 483 - Leader v. Cullerton · 59 Ill. 2d 61 - Flynn v. Kucharski

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 137 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“in the absence of a fund, a plaintiff’s attorney is not entitled to attorney’s fees merely because he has conferred a benefit upon members of a class.” 64 Ill. 2d at 442 , 356 N.E.2d at 528 . Moreover, in Hoffman v. Lehnhausen (1971), 48 Ill. 2d 323 , 269 N.E.2d 465 , the Illinois Supreme Court held:”
1 later decision quote this exact passage · from the majority
e.g. 276 Ill. App. 3d 597 - City of Chicago v. Korshak
““The general rule is that, in the absence of a statute or an agreement of the parties, the successful party may not recover attorney’s fees or the costs of the litigation.” Hamer v. Kirk (1976), 64 Ill. 2d 434, 437 , 356 N.E.2d 524, 525 .”
1 later decision quote this exact passage · from the majority
e.g. 77 Ill. App. 3d 266 - Preferred Risk Mutual Insurance v. United States Fidelity & Guaranty Co.
““ ‘[I]t would be inappropriate for the Judiciary, without legislative guidance, to reallocate the burdens of litigation in the manner and to the extent urged by respondents * * * ” 64 Ill. 2d 434, 442 .”
1 later decision quote this exact passage · from the majority
e.g. 60 Ill. App. 3d 331 - People Ex Rel. Scott v. Police Hall of Fame, Inc.

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.