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Articles Posted in Commercial Litigation

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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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Cook County Circuit Court Confirms Judgment Against MioMed Orthopaedics, Inc.

A December 2017 binding arbitration awarded unpaid sales representative commissions, punitive damages and attorney’s fees against Chicago medical device distributor MioMed Orthopaedics Inc. The  circuit court judge in the case confirmed judgment against the company in the amount of $91,654.21, plus costs. The judgment was entered after Kreisman Law Offices’…

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Illinois Freedom to Work Act Makes Some Noncompete Contracts Illegal

A new law in Illinois prohibits employers from entering into noncompete contracts with employees who earn $13 per hour or less. The Illinois Freedom to Work Act (Public Act 099-0860) became effective on Jan. 1, 2017. The law makes it illegal for an Illinois employer to enter into a “covenant…

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Guarantor’s Obligations Are Discharged When the Principal Obligor is Released Because of the Running of the Statute of Limitations

Generally the law in Illinois states that a guarantor is entitled to assert the same defenses that would be available to the principal obligor. W.W. Merck White Lead Co. v. McGahey, 159 Ill.App. 418 (1st Dist. 1911). “Under Illinois law, ‘the liability of a guarantor is limited by and is…

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Illinois Appellate Court Holds that a Home Listed as Part of a Trust Belongs to the Trust Even if the Deed Was Not Formally Transferred

The Illinois Appellate Court has ruled in a dispute regarding who should inherit a home in Highland Park, Ill. Although a trust instrument stated the house was part of the trust, there was no separate, formal documentation showing that a transfer of the house had been placed in the trust.…

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Piercing the Corporate Veil is a Remedy Not a Cause of Action

The Illinois Appellate Court for the First District recently reviewed a case regarding the piercing of a corporate veil. Piercing the corporate veil is a practice in which a lawyer will prove that the corporation that would otherwise protect its shareowners from personal liability is really a façade or fiction…

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Illinois Appellate Court Reverses Summary Judgment in Case Where Contract Was Found to be Ambiguous

The Neck & Back Clinic in Chicago was providing physical rehabilitation services to patients. In 1998, the clinic signed a series of leases for exterior building wall space to advertise its services. The clinic leased that advertising space through a company called Travisign, operated by David Travis. The Neck &…

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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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