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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.