If a case is cited with \case then \footcase will print an ibid even if there is no footnote for the case

[mferrare]

eg: The text might look like this:

line 1: first citation of \case{cook}
line 2: first citation of \case{imbree}
line 3: second citation of \case[with a prenote][]{cook}
line 4: second citation of \case{imbree}
line 5: A footcase citation\footcase[prenote][]{imbree}

The footnotes would look like this

1. citation of cook
2. citation of imbree
3. cook is cited again as there is a prenote
_imbree is not footnoted as is a subsequent citation with no prenote_
4. Ibid [prenote]

That last footnote (4) should be a new citation of imbree but it's picking up the the citation in line 4 and so generating an ibid. ibidtracker is set to constrict so it's not that. If I use \footcite instead of \footcase it works. If I delete line 4 it works too. The problem looks like it's with \footcase.