P.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 998 (2004). ¶ 11 A section 2-619 motion to dismiss asserts that expiration of the statute of limitations is an affirmative matter barring the complaint. 735 ILCS 5/2- 619(a)(9) (West 2018). When considering
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Learn MoreGiangiulio, 365 Ill.App.3d at 829, 302 Ill.Dec. 812, 850 N.E.2d 249, citing Fosse, 362 Ill.App.3d at 177, 297 Ill.Dec. 771, 838 N.E.2d 258. " 'Our task is to answer the certified questions rather than to rule on the propriety of any underlying order.'
Learn MoreP.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill.App.3d 992 (2d Dist. 2004)(cellphone customer filed class action challenging collection of taxes from customers located in unincorporated areas; trial court certified class of cellphone company's customers residing in 17 states, but certified question for interlocutory review
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Learn MoreAug 28, 2017 · See Fosse v. Pensabene, 362 Ill. App. 3d 172, 190 (2005) (declining to answer one of the certified questions and reversing the underlying order); P.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 998-99 (2004). ¶ 14 Finally, our answers to the certified questions require statutory construction. "The
Learn MoreJun 14, 2006 · P.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill.App.3d 992, 998-99, 281 Ill.Dec. 399, 803 N.E.2d 1020 (2004). In answering the certified question in the instant appeal, we must determine which of two limitations periods governs the plaintiff's action.
Learn MoreIn P.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill.App.3d 992, 803 N.E.2d 1020, 281 Ill.Dec. 399 (2d Dist. 2004), the appellate court held there was a substantial ground for difference of opinion as to whether a multistate class action might proceed …
Learn More:May 29, 2004 · Defendants relied on this court's opinion in Van Breemen v. Department of Professional Regulation, 296 Ill. App. 3d 363 (1998), in support of their motion to strike. The trial court conducted a hearing and, following the arguments of the parties, granted defendants' motion to strike.
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Learn MoreP.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 999 (2004). In the interests of judicial economy and reaching an equitable result, a reviewing court may go beyond the certified question and consider the appropriateness of the order giving rise to the appeal.
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Learn MoreFeb 16, 2007 · P.J.'s Concrete Pumping Service, Inc. v. Nextel West Corporation, 345 Ill.App.3d 992, 281 Ill.Dec. 399, 803 N.E.2d 1020 (2004); Hayna v. Arby's, Inc., …
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Learn MoreP.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 999, 803 N.E.2d 1020 (2004). The reasons for the jurisdictional limitation, however, are plain: "all review by this court is limited by supreme court rule to final orders and certain interlocutory orders specified in those rules," and so the supreme court rules
Learn MoreApr 06, 2005 · P.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 997-98 (2004). We note that plaintiff's motion erroneously refers to defendants' brief as a reply brief. However, this incorrect labeling of defendants' brief does not hinder our review of plaintiffs motion.
Learn MoreOct 07, 2011 · See Martin v. Heinold Commodities, Inc., 163 Ill. 2d 33, 643 N.E.2d 734 (1994) (resolved as a class action, the court held the commodity option contracts P.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 1003, 803 N.E.2d 1020 (2004) ("The primary factual issue in this case is a uniform billing practice
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