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Articles Posted in Business Litigation

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Illinois Appellate Court Reverses on Ambiguous Contracts and General Release Language

In October 2006, Stericycle Inc. entered into a contract with RQA Inc. to buy a segment of its business for $8 million. Stericycle acquired the unlimited right to use RQA’s software. In addition, the two companies entered into a non-competition agreement. In 2010, the two companies contracted again, this time…

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Condominium Association Claims Faulty Masonry Work Caused Leaks in Construction

Late in 2002, the developer of 1717 S. Prairie Ave. in Chicago, Ill., retained the defendant Hansen & Hempel Co. to complete the masonry work for a 23-story condominium complex. When the building was nearly finished in March 2004, it started to experience water leakage. The condominium association, Board of…

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Dismissal with Prejudice of Case Without Choice of Law Clause in Contested Agreement Leaves Open Issue; Illinois Appellate Court Reverses

Larry Fabian was hired in 2001 by Cantor Fitzgerald to be a broker at the Chicago Mercantile Exchange. In 2007, he was transferred to BGC, which was a spinoff company of Cantor Fitzgerald. In 2008, Fabian was named as a partner of “Founding Partner No. 69.” According to Fabian, he…

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Cook County Circuit Court, Law Division, Launches Mandatory Arbitration Program

At the beginning of January 2015, the Law Division of the Circuit Court of Cook County, Ill., will begin its new mandatory arbitration program for certain cases. The program is targeted for cases that have value of less than $75,000. In order to file and hear a case in Law…

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How the Management of Corporations is Lodged with the Board of Directors

Illinois corporations are governed by the Illinois Corporation Act (805 ILCS 5/1, et seq.) and by the company’s bylaws. In general, the governing principle of the management and control of the corporation is vested in the board of directors, which has a high duty of loyalty to the shareholders of…

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Shareholder in Corporation Loses Employee Standing in Lawsuit for Disability Discrimination Under the ADA

Dr. Linda Bluestein was a shareholder in Central Wisconsin Anesthesiology S.C. and a member of its board of directors. After losing the vote that terminated her employment contract, Bluestein filed a lawsuit against the corporation for allegedly violating three statutes that protect “employees.” Those statutes were the Americans with Disabilities…

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Lawsuits Mount Against Chemical Company in West Virginia that Left 300,000 People without Drinking Water

On Jan. 9, 2014, a tank at Freedom Industries in Charleston, W.Va., leaked coal-cleaning chemicals into the Elk River about a mile and a half upstream from a water treatment plant. Tap water in the area began to smell like licorice. The water also had a blue-green color. Drinking the…

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U.S. Court of Appeals Finds Confidentiality Agreement for Design and Production of a Tablet Computer Unenforceable

An industrial design firm, nClosures, produced metal cases for tablet computers, such as the iPad. Ian LeBlanc designed a case for nClosures in early 2011 called the Rhino Elite. In May 2011, the co-founders of nClosures attended a tradeshow in Chicago to showcase the Rhino Elite prototypes. At the tradeshow,…

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Company’s Resistance to Produce Documents in Toxic Tort Case Was Determined to Be Not Privileged

In a case that involved thousands of toxic tort liability cases, the Illinois Appellate Court has ruled that an industrial manufacturer must turn over documents it alleged were privileged to a company indemnifying it. In March 1999, automotive systems manufacturer BorgWarner Inc. acquired Kuhlman Corp. and its subsidiaries, including Kuhlman…

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U.S. Court of Appeals Reverses District Court Decision on the Right to Sue and Enforces Arbitration Agreement

The U.S. Court of Appeals for the 7th Circuit in Chicago has reversed the decision of a U.S. District Court judge wherein an agreement between the parties, Hennessy Industries Inc. and National Union Fire Insurance Co. of Pittsburgh, required arbitration of any dispute that mandated an interpretation of the agreement.…

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