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Articles Posted in Breach of Contract

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Illinois Appellate Court Affirms Denial of Dismissal of Personal Injury Lawsuit Where a Binding Arbitration Was Unenforceable

The Illinois 1st District Appellate Court affirmed a decision of Cook County Judge Patricia Sheahan regarding a motion to dismiss the lawsuit brought by Charles Arbogast who was injured working as a photographer in a designated photo well at Wrigley Field.  Arbogast fell on a stack of pallets that photographers…

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Illinois Appellate Court Affirms Trial Court in Implied Right of Action Case

Mary Perry Carmichael was an employee at Union Pacific Railroad Co. (UPRC).  In that capacity, she was being transported by Professional Transportation Inc. (PTI) in a van when it was hit by a vehicle driven by Dwayne Bell. Carmichael filed a lawsuit against UPRC, PTI and Bell; the suits against…

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State Appellate Court Affirms Judgment in Breach of Contract and Quantum Meruit Lawsuit

Jefferson City Retirement LLC (“JCR”) appealed from the circuit court’s judgment in favor of Twehous Excavating Inc. on its claims for breach of contract and quantum meruit. JCR contended that the court erred in granting Twehous’s relief on both claims because the claims were mutually exclusive and inconsistent as a…

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U.S. District Court Denies Motion for Summary Judgment in Restrictive Covenant Lawsuit Relating to Final Payment of $11 Million

The issue in this case was whether there was a material breach under Illinois contract law as to American Guardian Holdings or AGH. AGH claimed it was excused from having to pay the final installments totaling $11 million for Steven Freedman’s shares in AGH because it was alleged that Freedman…

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Illinois Appellate Court Examines Business Records Hearsay Exception

Union Tank Car Co. relied on business records of third parties without any testimony from employees of those other companies to quantify damages caused by a breach of lease for 47 railcars. An appeal was taken to the Illinois Appellate Court from a $1.27 million judgment entered in a Cook…

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Illinois Appellate Court Affirms Trial Court’s Decision on Claim of Ownership of Four Works of Art

Daniel and Rachel Brenner purchased four works of art from Evelyn Statsinger in the 1950s and 1960s. The artworks were displayed in the Brenner home continuously through the time of Daniel’s death in 1977 and Rachel’s death in 1990. The Brenner children, Ariel and Jonathan Brenner, inherited the artwork. When…

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Illinois Right to Work Act Prevents Private-Sector Employers from Requiring Low-Wage Employees from Signing Noncompete Agreements

Noncompete agreements have always been controversial for the way they intend to or unintentionally restrict employees from gaining employment after leaving a job where a noncompete agreement was signed. In 2017, the Illinois General Assembly addressed concerns about noncompete clauses found in low-wage employees. Effective January 2017, the Illinois Right…

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Illinois Appellate Court Affirms Judgment Against Alter Ego Parties

A breach of lease case resulted in a $278,198 default judgment, which was Count II of a Complaint brought by A.L. Dougherty Real Estate and Phyllis K. Dougherty. The complaint was filed against Cube Global LLC and March Fasteners Inc.  The complaint alleged that Cube Global was liable as March’s…

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U.S. Court of Appeals Ruled that Previous Business Owner Did Not Violate Non-compete Agreement

Doug Miller owned two companies in Indiana:  E.T. Products, which blended and sold fuel-additive products, and Petroleum Solutions, which blended and sold lubricant products. Petroleum Solutions also supplied a few customers with fuel additives from E.T. Products. In January 2011, a group of investors led by Tom Blakemore purchased E.T.…

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Illinois Appellate Court Reverses Trial Judge Who Denied Filing a Second Amended Complaint

The 1st District Appellate Court has reversed in part, vacated in part and remanded a decision by a Cook County judge in a case involving the use of trust money and investments. Arie Zweig was the trustee of the Arie Zweig Self Declaration of Trust dated June 28, 1990. He…

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