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 …
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P.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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Apr 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 …
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v. DeFauw, 297 Ill. App. 3d 50, 51 (1998). We acknowledge that this jurisdictional limitation is often honored in the breach, and that "[i]t is not uncommon for a reviewing court in class action to go beyond the certified question and address the propriety of the decision to certify a class action." P.J.'s Concrete Pumping Service, Inc. v
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Browse; Reporter Ill. App. 3d Volume 345 345 Ill. App. 3d Illinois Appellate Court Reports, Third Series (1771-2011) volume 345.
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Sep 16, 2021 · P.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
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Regarding count II, plaintiffs cite, inter alia, P.J.'s Concrete Pumping Service v. Nextel West Corp., 345 Ill. App. 3d 992, 1001 (2004) ("[A] plaintiff bringing a class action suit need only allege a viable individual cause of action, indicate that the claim is being brought as …
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In 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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People v. Wilder, 356 Ill. App. 3d 712, 718-19 (2005) (reminding defendant, relying on order issued in co defendant's appeal, that Rule 23 orders are not precedential and may not be cited other than for purposes specified in rule); P.J.'s Concrete Pumping Service, Inc. v. Nextel West Corp., 345 Ill. App. 3d 992, 998 (2004) (finding
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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
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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
Get a QuoteP.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
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Pensabene, 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). I. Law of the Case The first question we must answer is whether Judge Abishi Cunningham s determination that plaintiff failed to exercise reasonable diligence in serving Rush Oak Park Hospital became the law
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Jul 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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P.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.
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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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See also P.J.'s Concrete Pumping Service, 345 Ill. App. 3d at 1001 ("Class certification issues are typically factual and should be decided with the benefit of discovery."). Because of this, the showing that a plaintiff must make in a class certification motion is higher than the showing that he must make to withstand a motion to strike
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Weiss, 335 Ill. App. 3d at 884. Go to; Plaintiff, P.J.'s Concrete Pumping Service, Inc., filed a class action alleging that, by collecting, on behalf of municipalities, taxes from customers located in unincorporated areas, defendant, Nextel West Corporation, violated the Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act
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