Sienna Court Condo. Ass'n v. Champion Aluminum Corp.

23 Citing cases

  1. 1400 Museum Park Condo. Ass'n by Its Bd. of Managers v. Kenny Constr. Co.

    2021 Ill. App. 192167 (Ill. App. Ct. 2021)   Cited 1 times

    ¶ 1 In Sienna Court Condominium Association v. Champion Aluminum Corporation , 2018 IL 122022, ¶ 30, 432 Ill.Dec. 569, 129 N.E.3d 1112, our supreme court held that a claim for breach of implied warranty of habitability is a "creature of contract, not tort" and therefore the purchaser of a newly constructed condominium unit may not pursue such a claim against a subcontractor where the subcontractor had no contractual relationship with the purchaser. We find the reasoning and analysis employed by our supreme court in Sienna to subcontractors applies equally as well to general contractors, and therefore we affirm.

  2. Museum Park Condo. Ass'n v. Kenny Constr. Co.

    2021 Ill. App. 192167 (Ill. App. Ct. 2021)   Cited 2 times   1 Legal Analyses

    MARTIN, JUSTICE ¶ 1 In Sienna Court Condominium Association v. Champion Aluminum Corporation, 2018 IL 122022, ¶ 30, our supreme court held that a claim for breach of implied warranty of habitability is a "creature of contract, not tort" and therefore the purchaser of a newly constructed condominium unit may not pursue such a claim against a subcontractor where the subcontractor had no contractual relationship with the purchaser. We find the reasoning and analysis employed by our supreme court in Sienna to subcontractors applies equally as well to general contractors and therefore we affirm.

  3. Harleysville Ins. Co. v. Mohr Architecture, Inc.

    2021 Ill. App. 192427 (Ill. App. Ct. 2021)   Cited 2 times

    ¶ 59 Next, we find the circuit court properly ruled in favor of defendants with respect to Harleysville's negligence claims. ¶ 60 The economic loss doctrine denies a tort remedy for those whose complaint is rooted in the disappointment of commercial or contractual expectations. Sienna Court Condominium Ass'n v. Champion Aluminum Corp., 2018 IL 122022, ¶ 21. Under that doctrine, a plaintiff cannot recover in tort for solely economic loss.

  4. Harleysville Ins. Co. v. Mohr Architecture, Inc.

    2021 Ill. App. 192427 (Ill. App. Ct. 2021)

    ¶ 59 Next, we find the circuit court properly ruled in favor of defendants with respect to Harleysville's negligence claims. ¶ 60 The economic loss doctrine denies a tort remedy for those whose complaint is rooted in the disappointment of commercial or contractual expectations. Sienna Court Condominium Ass'n v. Champion Aluminum Corp., 2018 IL 122022, ¶ 20. Under that doctrine, a plaintiff cannot recover in tort for solely economic loss.

  5. Manley v. Hain Celestial Grp.

    417 F. Supp. 3d 1114 (N.D. Ill. 2019)   Cited 23 times
    Applying Moorman to bar a tort action against a manufacturer of sunscreen, as defendant was not "in the business of supplying information for the guidance of others in their business transactions ..."

    In essence, the economic loss, or commercial loss, doctrine denies a remedy in tort to a party whose complaint is rooted in disappointed contractual or commercial expectations. Sienna Court Condominium Assoc. v. Champion Aluminum Corp. , 432 Ill.Dec. 569, 129 N.E.3d 1112, 1119 (2018) (citations omitted). Here, plaintiff seeks relief for disappointed commercial expectations: her sunscreen did not perform as she expected, and she wants her money back.

  6. Clark v. Blue Diamond Growers

    22-cv-1591 (N.D. Ill. Jul. 5, 2023)   Cited 7 times
    Withdrawing implied warranty and MMWA claims

    (N.D. Ill. 2019) (quoting Sienna Ct. Condo. Assoc. v. Champion Aluminum Corp., 2018 IL 122022, ¶ 21, 432 Ill.Dec. 569, 129 N.E.3d 1112, 1119 (2018)).

  7. Chiappetta v. Kellogg Sales Co.

    No. 21-CV-3545 (N.D. Ill. Mar. 1, 2022)   Cited 34 times   1 Legal Analyses
    Holding the plaintiff's allegation that “defendant's fraudulent intent ‘is evinced by its knowledge that the Product was not consistent with its representations'” was inadequate to plead scienter under Rule 9(b)

    This doctrine “‘denies a remedy in tort to a party whose complaint is rooted in disappointed contractual or commercial expectations.'” Manley v. Hain Celestial Grp., Inc., 417 F.Supp.3d 1114, 1120 (N.D. Ill. 2019) (quoting Sienna Ct. Condo. Assoc. v. Champion Aluminum Corp., 2018 IL 122022, ¶ 21, 129 N.E.3d 1112, 1119 (2018))

  8. Rudy v. Family Dollar Stores, Inc.

    583 F. Supp. 3d 1149 (N.D. Ill. 2022)   Cited 42 times
    Finding that the plaintiff's interpretation of a label reading “[s]moked almonds” to indicate that the product had been roasted over a fire was reasonable at the motion to dismiss stage

    It " ‘denies a remedy in tort to a party whose complaint is rooted in disappointed contractual or commercial expectations.’ " Manley v. Hain Celestial Grp., Inc. , 417 F. Supp. 3d 1114, 1120 (N.D. Ill. 2019) (quoting Sienna Ct. Condo. Assoc. v. Champion Aluminum Corp. , 2018 IL 122022, ¶ 21, 432 Ill.Dec. 569, 129 N.E.3d 1112, 1119 (2018) ).

  9. FPM, LLC v. Ollmann Assocs. Architects

    2024 Ill. App. 4th 230623 (Ill. App. Ct. 2024)

    Thus, the economic loss doctrine denies a tort remedy for those whose complaint is rooted in the disappointment of commercial or contractual expectations. Sienna Court Condominium Ass'n v. Champion Aluminum Corp., 2018 IL 122022, ¶ 21, 129 N.E.3d 1112.

  10. Avery v. GRI Fox Run, LLC

    2020 Ill. App. 2d 190382 (Ill. App. Ct. 2020)   Cited 6 times

    "The Moorman doctrine is intended to preserve the distinction between tort and contract." Sienna Court Condominium Ass'n v. Champion Aluminum Corp. , 2018 IL 122022, ¶ 21, 432 Ill.Dec. 569, 129 N.E.3d 1112. The Moorman court described economic loss as "damages for inadequate value, costs of repair and replacement, or consequential loss of profits—without any claim of personal injury or damage to other property."