· 11/24/2008
LaSalle Bank Nat'l Assoc. v. Paramont Properties
Citations
- 588 F. Supp. 2d 840
- 2008 U.S. Dist. LEXIS 98907
- 2008 WL 5054713
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting the technical impropriety of such a defense but permitting the defendant to raise it
- finding that lender had “unlimited discretion” under the contract
- “[T]he Court considers the exhibits attached to the complaint, but where an exhibit conflicts with the allegations of the complaint, the exhibit typically controls.”
- “The duty of good faith and fair dealing is implied in every contract . . .”
- “Illinois does not, and would not, recognize a general duty of care owed by lenders to borrowers”
- “failure to state a claim” can be properly asserted as an affirmative defense “even though it is not among the Rule 8(c)'s enumerated affirmative defenses.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Amy J. St. Eve
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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