Midwest motion in Illinois

2008As a general rule, “a clear, unambiguous waiver of lien rights bars an action under the Mechanics’ Lien Act.” Luczak Brothers, Inc. v. Generes, 116 Ill.

2008As a general rule, “a clear, unambiguous waiver of lien rights bars an action under the Mechanics’ Lien Act.” Luczak Brothers, Inc. v. Generes, 116 Ill.

2008See, e.g., Parker v. Newman, 10 Ill.

2008See, e.g., Parker v. Newman, 10 Ill.

2008As a general rule, the fact that a party involved in a civil proceeding invokes his fifth amendment privilege against self-incrimination “does not *** mandate a stay of [the] civil proceeding[] pending the outcome of similar or parallel criminal proceedings.” Jacksonville Savings Bank v. Kovack, 326 Ill.

2008As a general rule, the fact that a party involved in a civil proceeding invokes his fifth amendment privilege against self-incrimination “does not *** mandate a stay of [the] civil proceeding[] pending the outcome of similar or parallel criminal proceedings.” Jacksonville Savings Bank v. Kovack, 326 Ill.

2008As a threshold matter, we need not decide whether First Midwest’s motion to continue the case was properly filed under Supreme Court Rule 231 because “ ‘[t]he nature of a motion is determined by its substance rather than its caption.’ ” Shutkas Electric, Inc. v. Ford Motor Co., 366 Ill.

2008As a threshold matter, we need not decide whether First Midwest’s motion to continue the case was properly filed under Supreme Court Rule 231 because “ ‘[t]he nature of a motion is determined by its substance rather than its caption.’ ” Shutkas Electric, Inc. v. Ford Motor Co., 366 Ill.

2008See Medrano v. Production Engineering Co., 332 Ill.

2008See Medrano v. Production Engineering Co., 332 Ill.

2008As a general rule, “ ‘in order to avoid surprise to the opposite party, an affirmative defense must be set out completely in a party’s answer to a complaint and failure to do so results in waiver of the defense.’ ” Miller v. Lockport Realty Group, Inc., 377 Ill.

2008As a general rule, “ ‘in order to avoid surprise to the opposite party, an affirmative defense must be set out completely in a party’s answer to a complaint and failure to do so results in waiver of the defense.’ ” Miller v. Lockport Realty Group, Inc., 377 Ill.

2025See McMann, 218 Ill.

2023Midwest argues that it is established that parties may agree to both the manner and method of service, citing National Equipment Rental, Ltd. v. Polyphasic Health Systems, Inc., 141 Ill.

2008Lazar Brothers Trucking, Inc., v. A&B Excavating, Inc., 365 Ill.

2006When a claim has been dismissed for failure to state a cause of action pursuant to section 2 — 615 of the Code, the critical inquiry on review is “whether the allegations of the complaint, when construed in the light most favorable to the plaintiff, are sufficient to establish a cause of action upon which relief may be granted.” Vitro v. Mihelcic, 209 Ill. 2d 76, 81 (2004); Jarvis v. South Oak Dodge, Inc., 201 Ill. 2d 81, 86 (2002).

2006When a claim has been dismissed for failure to state a cause of action pursuant to section 2 — 615 of the Code, the critical inquiry on review is “whether the allegations of the complaint, when construed in the light most favorable to the plaintiff, are sufficient to establish a cause of action upon which relief may be granted.” Vitro v. Mihelcic, 209 Ill. 2d 76, 81 (2004); Jarvis v. South Oak Dodge, Inc., 201 Ill. 2d 81, 86 (2002).