88 Ill. 2d 300 - People Ex Rel. Fahner v. Carriage Way West, Inc.’s Empirical Analysis

Citation profile

12 federal appellate · 170 state decisions

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 192 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To pass muster a complaint must state a cause of action in two ways. First, it must be legally sufficient; it must set forth a legally recognized claim as its avenue of recovery. When it fails to do this, there is no recourse at law for the injury alleged, and the complaint must be dismissed. [Citations.] Second and unlike Federal practice, the complaint must be factually sufficient; it must plead facts which bring the claim within the legally recognized cause of action alleged. If it does not, the complaint must be dismissed. [Citation.]” (People ex rel. Fahner v. Carriage Way West, Inc. (1981), 88 Ill. 2d 300, 308 , 430 N.E.2d 1005, 1009 .)”

   16 later decisions quote this exact passage · from the majority
   e.g. People ex rel. Department of Human Rights v. Oakridge Nursing & Rehab Center · 171 Ill. App. 3d 27 - People Ex Rel. Hartigan v. All American Aluminum & Construction Co.

2. ““The purpose of pleadings is to present, define and narrow the issues and limit the proof needed at trial. Pleadings are not intended to erect barriers to a trial on the merits but instead to remove them and facilitate trial. The object of pleadings is to produce an issue asserted by one side and denied by the other so that a trial may determine the actual truth. [Citations.] Perhaps the best measure of a complaint’s sufficiency, then, is whether the defendant is able to answer the essential allegations. *** Illinois is a fact-pleading State. This means that although pleadings are to be liberally construed and formal or technical allegations are not necessary, a complaint must, nevertheless, contain facts to state a cause of action. [Citation.] Which facts? The complaint is deficient when it fails to allege the facts necessary for the plaintiff to recover. [Citation.] ‘But it is a rule of pleading long established, that a pleader is not required to set out his evidence. To the contrary, only the ultimate facts to be proved should be alleged and not the evidentiary facts tending to prove such ultimate facts.’ ” People ex rel. Fahner v. Carriage Way West, Inc. (1981), 88 Ill. 2d 300, 307-08 , 430 N.E.2d 1005 , quoting Board of Education v. Kankakee Federation of Teachers Local No. 886 (1970), 46 Ill. 2d 439, 446-47 , 264 N.E.2d 18 .”

   2 later decisions quote this exact passage · from the majority
   e.g. 243 Ill. App. 3d 968 - Ward v. Community Unit School District No. 220 · 227 Ill. App. 3d 891 - Zeitz v. Village of Glenview

3. ““Every person shall be deemed to have committed a violation of this Act who shall: (1) Make any contract with, or engage in any combination or conspiracy with, any other person who is, or but for a prior agreement would be, a competitor of such person: a. for the purpose or with the effect of fixing, controlling, or maintaining the price or rate charged for any commodity sold or bought by the parties thereto, or the fee charged or paid for any service performed or received by the parties thereto; ***.” Ill. Rev. Stat. 1979, ch. 38, par. 60-3(1)(a).”

   1 later decision quote this exact passage · from the majority
   e.g. 91 Ill. 2d 138 - People Ex Rel. Scott v. College Hills Corp.