§Why CasetextPricing

Hedges v. Earth, Inc.

MEMORANDUM

10 Cited authorities

  1. Connick v. Suzuki Motor Co.

    174 Ill. 2d 482 (Ill. 1996)   Cited 973 times   4 Legal Analyses
    Holding that statements "not made by Suzuki but by Suzuki dealers . . . cannot be the basis of a common law fraud count against Suzuki unless plaintiffs have adequately alleged that the dealers were the agents of Suzuki"

  2. Perona v. Volkswagen of America, Inc.

    292 Ill. App. 3d 59 (Ill. App. Ct. 1997)   Cited 61 times
    Holding that an action under the state's Consumer Fraud Act for concealment of a material fact could not be maintained by plaintiffs who purchased a car with acceleration issues because the company had issued numerous press releases regarding the problem

  3. Whitwell v. Wal-Mart Stores, Inc.

    CIVIL NO. 09-513-GPM (S.D. Ill. Dec. 11, 2009)   Cited 20 times
    Dismissing breach of contract claim under Illinois UCC because buyer failed to give notice under § 2-607

  4. De Falco v. Vibram USA, Inc.

    No. 12 C 7238 (N.D. Ill. Mar. 18, 2013)   Cited 12 times
    Dismissing breach of warranty claim where the plaintiffs' actual knowledge argument was that the defendants knew of the defects through other lawsuits, rather than actual knowledge of the defect itself

  5. Prescott v. Argen Corp.

    No. 13 CV 6147 (N.D. Ill. Sep. 17, 2014)   Cited 4 times
    Holding that fraud exception to Moorman doctrine did not apply to negligence claim because "[n]egligence is by definition unintentional therefore cannot constitute fraud, which is by definition intentional"

  6. Schreib v. the Walt Disney Co.

    362 Ill. App. 3d 1238 (Ill. App. Ct. 2006)   Cited 4 times

    No. 1-05-0094. February 1, 2006. Disposition of Cases By Order Affirmed.

  7. Schmidt v. Nissan Motor Acceptance Corp.

    104 F. Supp. 2d 955 (N.D. Ill. 2000)   Cited 4 times

    No. 99 C 7180. July 13, 2000. Christopher V. Langone, Joel D. Dabisch, Langone Law Firm, Chicago, IL, Lance A. Raphael, Chicago, IL, Eric D. Freed, Jonathan I. Flaum, Paul M. Weiss, Phillip A. Bock, Freed, Weiss Flaum, Chicago, IL, for Randal Schmidt, Carolyn Schmidt, plaintiffs. Robert J. Kriss, Michele Odorizzi, Victoria R. Collado, Kenneth J. Merlino, Mayer, Brown Platt, Chicago, IL, for Nissan Motor Acceptance Corp., defendant. MEMORANDUM OPINION AND ORDER GETTLEMAN, District Judge. Plaintiffs

  8. 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 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  9. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,068 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  10. Section 810 ILCS 5/2-607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over

    810 ILCS 5/2-607   Cited 123 times

    (1) The buyer must pay at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a non-conformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the non-conformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this Article for non-conformity. (3) Where a tender has been accepted (a) the buyer must within a reasonable