Apr 14, 2006 · Fosse, 362 Ill. App. 3d at 177, citing P.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 998 (2004). We note that in interrogatories 2, 3, 5, 7, 8, and 10 and in request to produce "f," Ingalls invoked the privileges delineated in Exhibit "A." Therefore, we will only answer the certified question presented to the
Learn MoreJul 20, 2006 · P.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill.App.3d 992, 998, 281 Ill.Dec. 399, 803 N.E.2d 1020, 1026 (2004). Thus, the task on appeal is to answer the certified question rather than to rule on the propriety of the parties' claims.
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Learn MoreP.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 1004 (2004). Moreover, the class attorney for the representative party must be qualified, experienced, and generally able to conduct the proposed litigation.
Learn MoreApr 19, 2006 · P.J. 's Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 998 (2004). In answering the certified question in the instant appeal, we start with a …
Learn MoreSee 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 …
Learn MoreP.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
Learn MoreP.J.' S Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill.App.3d 992, 1004 (2004). In analyzing adequacy, a circuit court may consider "the extent to which the class's interests and those of existing parties converge or diverge, the commonality of legal and factual positions, the practical abilities of existing parties in terms of
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
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 MoreP.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., No. 01 MR 860 (Lake County, Ill. May 15, 2002) (affirmed 345 Ill. App. 3d 992, 803 N.E.2d 102 (2d Dist. 2004)) (petition for leave to appeal denied, 209 Ill. 2d 584) (certiorari denied)
Learn MoreNov 25, 2013 · P.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 1004 (2004). "Rather than invalidating all class representatives, an inadequate representative may be removed and leave may be granted to the plaintiffs to seek a substitute representative who adequately represents the class." Cruz v.
Learn MoreP.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., No. 01 MR 860 (Lake County, Ill. May 15, 2002) (affirmed 345 Ill. App. 3d 992, 803 N.E.2d 102 (2d Dist. 2004)) (petition for leave to appeal denied, 209 Ill. 2d 584) (certiorari denied)
Learn MoreP.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 1002 (2004). Allstate first contends that the trial court erred in certifying the class action by applying impermissible legal criteria and by ignoring the record in finding that common questions predominate over individual issues.
Learn MoreLewis v. Lead Industries Ass'n, 342 Ill. App. 3d 95 (2003) (Lewis I). We held, however, that plaintiffs had not stated a cause of action sounding in tort, because they had not adequately pled the causation element required of a tort claim. Lewis I, 342 Ill. App. 3d 95. The plaintiffs argued that they had pled causation by alleging
Learn MoreP.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 1002 (2004). Allstate first contends that the trial court erred in certifying the class action by applying impermissible legal criteria and by ignoring the record in finding that common questions predominate over individual issues.
Learn MoreSee 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 …
Learn MoreOct 20, 2005 · P.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill.App.3d 992, 998, 281 Ill. Dec. 399, 803 N.E.2d 1020 (2004). No doubt, we may, when appropriate, go beyond the limits of a certified question. See Dowd, 181 Ill.2d at 472, 230 Ill. Dec. 229, 693 N.E.2d 358. We decline to do so in this case, however, as a resolution of the waiver
Learn MoreMar 27, 2015 · Onyx Acceptance Corp., 365 Ill. App. 3d 664, 678 (2006) (quoting P.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 1004 (2004)). ¶ 16 The test to determine the adequacy of representation is whether the interests of those who are parties are the same as those who are not joined and whether the litigating parties
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 …
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