§Why CasetextPricing

Classic Business Corporation et al v. Equilon Enterprises, LLC

MEMORANDUM

12 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,336 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Tamayo v. Blagojevich

    526 F.3d 1074 (7th Cir. 2008)   Cited 2,997 times   6 Legal Analyses
    Holding that a senior administrator who testified before a legislative committee with oversight of her agency was "discharging the responsibilities of her office, not appearing as 'Jane Q. Public.' "

  3. Avery v. State Farm

    216 Ill. 2d 100 (Ill. 2005)   Cited 752 times   6 Legal Analyses
    Holding claims of non-Illinois plaintiffs insufficient where the only connection to Illinois is the headquarters of the defendant and the fact that a scheme "was disseminated" from Illinois

  4. Shell Oil Co. v. HRN, Inc.

    144 S.W.3d 429 (Tex. 2004)   Cited 44 times
    Concluding that second discovery order included a lesser sanction in the form of a warning that non-compliance would result in dismissal

  5. Stepan Co. v. Winter Panel Corp.

    948 F. Supp. 802 (N.D. Ill. 1996)   Cited 41 times
    Rejecting argument that misrepresentation affected consumers because consumers ultimately used the product

  6. Langendorf v. Conseco Senior Health Insurance Company

    590 F. Supp. 2d 1020 (N.D. Ill. 2008)   Cited 7 times
    Distinguishing Gehrett and dismissing deceptive practices claim where deceptive practice was the same conduct forming the basis for a breach of contract claim

  7. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,399 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  8. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,818 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  9. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,488 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  10. Section 815 ILCS 505/1

    815 ILCS 505/1   Cited 2,166 times   14 Legal Analyses
    Defining "consumer" as "any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household"

  11. Section 735 ILCS 5/2-701 - Declaratory judgments

    735 ILCS 5/2-701   Cited 326 times
    Providing for declaratory judgments in Illinois state court

  12. Section 810 ILCS 5/2-305 - Open price term

    810 ILCS 5/2-305   Cited 11 times

    (1) The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if (a) nothing is said as to price; or (b) the price is left to be agreed by the parties and they fail to agree; or (c) the price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded. (2) A price to be fixed by the seller or by the buyer