Legal Opinion
U.S. Bank National Ass'n v. Clark
Appellate Court of Illinois
Decided March 31, 2004No. 1-01-2535, 1-01-2536, 1-01-2538, 1-01-2541, 1-01-2545, 1-01-2546, 1-01-2813, 1-01-2814, 1-01-2815 consPublishedCited by 5 opinions
1Opinion of the Court
PRESIDING JUSTICE CAMPBELL
delivered the opinion of the court:
In these nine consolidated cases, defendants appeal from orders of the circuit court of Cook County dismissing their counterclaims and affirmative defenses in foreclosure actions brought by the plaintiff creditors. The defendants alleged that the creditors violated the Illinois Interest Act by imposing fees in excess of 3% on loans with an interest rate in excess of 8%. 815 ILCS 205/4. la(f) (West 2000). The creditors filed motions to dismiss pursuant to sections 2 — 615 and 2 — 619 of the Illinois Code of Civil Procedure. 735 ILCS…
2Cases cited44 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995
- Hughes Aircraft Co. v. JacobsonSupreme Court of the United States · 1999
- Malone v. White Motor Corp.Supreme Court of the United States · 1978
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3Cited by5 opinions
- Edward and Pamela Reiser, and Janet Greenlee v. Residential Funding CorporationCourt of Appeals for the Seventh Circuit · 2004
- U.S. Bank National Ass'n v. ClarkIllinois Supreme Court · 2005
- Reiser v. Residential Funding Corp.District Court, S.D. Illinois · 2004
- Ephraim v. Provident Bank (In Re Ephraim)United States Bankruptcy Court, N.D. Illinois · 2004
- U.S. Bank National Ass'n v. ClarkIllinois Supreme Court · 2005