12 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  2. Tamayo v. Blagojevich

    526 F.3d 1074 (7th Cir. 2008)   Cited 2,614 times   5 Legal Analyses
    Holding that a senior administrator of an agency was not speaking as a citizen when testifying before a legislative committee since she was testifying "because of the position she held within the agency" and was "not appearing as `Jane Q. Public'"
  3. Avery v. State Farm

    216 Ill. 2d 100 (Ill. 2005)   Cited 679 times   7 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 39 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 38 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 267,561 times   779 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 31,885 times   261 Legal Analyses
    Requiring a party who alleged fraud or mistake to "state with particularity the circumstances constituting fraud of mistake"
  9. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 21,724 times   58 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 1,924 times   12 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 278 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 10 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