Ashad Umrani and Mundar Jatoi, the plaintiffs, brought a derivative action on behalf of Sindhi Association of North America (SANA) against SANA and several SANA office holders. They alleged misconduct and breach of fiduciary duties, fraud, and spoliation of evidence against SANA executive council members and other office holders. SANA…
The Illinois Supreme Court has reversed a lower court’s ruling in a case involving an alleged breach of fiduciary duty. In this case, the trial court first ruled that, although defendants had breached their fiduciary duties to the plaintiff, Indeck Energy Services, Indeck had failed to establish any usurpation of…
Michael Maschmeyer was the co-owner of Chicago Roof, Deck and Garden LLC (CRDG) with 42.5% of the interest in the company. Darren Flynn and Tomasz Bartosiewicz owned the remaining 57.5% interest in the company. Flynn and Maschmeyer had been partners for several landscaping and real estate development businesses in the…
ABC Acquisition Co.’s breach of fiduciary duty claim was brought against James Trausche, the former president of Aetna Bearing Co. Trausche’s business assets were acquired by ABC. This issue of law presented a question of first impression under Illinois law about an officer’s obligations to a successor corporation. After ABC…
In this appeal, the defendant Michael Maschmeyer’s conduct as a member of the plaintiff, Chicago Roof, Deck and Garden LLC (CRDG), led to an appeal regarding the claimed interest owed CRDG. Plaintiffs Darren Flynn and Tomasz Bartosiewicz owned the rest of the membership interest. After a bench trial, the trial…
Clarisha Benson and Lorenzo Smith each purchased an opaque, seven-ounce box of Fannie May chocolates for $9.99 plus tax. Benson purchased Fannie May’s Mint Meltaways and Smith purchased Fannie May’s Pixies. Although the boxes accurately disclosed the weight of the chocolate within, and the number of pieces in each box,…
The Illinois Appellate Court has affirmed the decisions of two Cook County judges related to the suit filed by SFG Capital LLC. The suit was filed against Patrick W. Kane in 2010; it was alleged that Kane defaulted on a loan. Following a consent agreement, the trial court entered a…
Within a year of when Michael Booth signed an employment agreement that had a non- competition clause, he resigned as president of Axion RMS and then went to work for a competitor. It was also alleged that, after leaving Axion RMS, he started luring away former colleagues. Axion sued Booth…
Illinois Gov. J.B. Pritzker has signed into law the Collective Bargaining Freedom Act, which became effective April 12, 2019. Under the new law, local governments will no longer be able to pass right-to-work ordinances. The legislation is a signal of Gov. Pritzker’s approach to workforce regulation. A similar bill was…
Guitar Center sells musical instruments. It created a new brand of woodwind and brass instruments produced by Eastman known as “Ventus.” Barrington owns the trademark “Vento,” which is used in relation to instruments it sells. Barrington began using its mark in commerce in 2009 and achieved gross sales just under…