Legal Opinion

Omicron Safety & Risk Technologies, Inc. v. UChicago Argonne, LLC

District Court, N.D. Illinois

Decided March 6, 2015No. 14 C 2761PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

Elaine E. Bucklo, United States District Judge

UChicago Argonne, LLC (“UChicago Argonne”) has moved to dismiss this breach of contract action on the ground that Omicron Safety and Risk Technologies, Inc.’s (“Omicron”) claims are barred by anti-assignment and waiyer provisions in the underlying contracts. I deny UChi-cago Argonne’s motion to dismiss for the reasons stated below.

I

At the motion to dismiss stage, I must accept Omicron’s ‘factual allegations as true. See Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). . .

UChicago Argonne…

2Cases cited20 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Mutual Assignment and Indemnification Company v. Lind-Waldock & Company, LLCCourt of Appeals for the Seventh Circuit · 2004
  4. Bank of America, N.A., Creditor-Appellant v. Alex D. Moglia, Trustee-AppelleeCourt of Appeals for the Seventh Circuit · 2003
  5. In Re NitzAppellate Court of Illinois · 2000

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3Cited by1 opinion

  1. Gito, Inc. v. Axis ArchitectureSuperior Court of Pennsylvania · 2021

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