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Articles Posted in Commercial Litigation

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A Contract Remains Valid Even if the Parties to the Contract Did Not Initial Alterations, But Signed Everything Else

The Illinois Appellate Court has reversed and remanded a decision by a Cook County Circuit Judge relating to a sale agreement for a condominium purchase. In November 2010, the Habitat Co., the Gautreaux Development Manager for the Chicago Housing Authority, signed a purchase and sale agreement with Tera Healy to…

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When an Omission to a Written or Final Judgment was Inconsequential, It Did Not Invalidate the Final Judgment’s Correction

Shuffle Tech made automatic card-shuffling equipment for the consumer market and particularly for casinos. In 2010, Shuffle Tech and Wolff Gaming, a distributor of the equipment, signed a letter of intent that expressed their mutual commitment to proceed with a draft agreement regarding product development and distribution. The agreement laid…

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U.S. Court of Appeals for the 7th Circuit Has Affirmed Dismissal of Third Party Counterclaim Involved in an Electrocution Case

Gamesa Technology Corp. entered into a contract with Minnesota-based Outland Renewable Energy to provide maintenance for Gamesa’s wind turbines. Iberdrola Renewables Inc. runs the Gamesa-made turbines at the Cayuga Wind Farm located in Livingston County, Ill. While servicing a Cayuga turbine, one of Outland’s employees, Aaron McCoy, was electrocuted when…

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$90 Million Class-Action Settlement is Thrown Out by U.S. Court of Appeals

A class-action lawsuit was filed in the U.S. District Court for the Northern District of Illinois against a window manufacturer. The basis for the reversal of the approved $90 million settlement for the class-action lawsuit claiming defective windows was due to inequities with respect to the attorney fees of approximately…

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Illinois Appellate Court Orders Punitive Damages Against Decedent’s Estate

F. Gary Kovac, the plaintiff in this matter, sued the estate of Kenneth L. Barron Jr. for compensatory damages and exemplary or punitive damages. In the majority of jurisdictions, punitive damages are not allowed after the death of the defendant tortfeasor. Kovac and Barron owned 50% of three different corporations.…

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Illinois Appellate Court Finds That a Non-Shareholder Can Be Held Liable for Corporate Debts

The Illinois Appellate Court for the First District in Chicago has found that a person can be held liable for a corporation’s debt even if he or she is not an officer or shareholder of the corporation. In a case that amounts to a decision of wide-ranging implications and one…

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U.S. Court of Appeals Finds that Tying Arrangement Did Not Violate Federal Antitrust Law

The U.S. Court of Appeals for the 7th Circuit in Chicago has agreed that a concert ticket tying parking to the music concert was not a violation of the federal antitrust laws.  James Batson brought a ticket from O.A.R. Concert at Live Nation’s box office at the 3 on July…

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Illinois Appellate Court Restates That a Perpetual Contract is Against Illinois Public Policy

On Dec. 17, 2007, Rico Industries entered into an agreement with TLC Group Inc., in which TLC would serve as Rico’s exclusive sales representative to Wal-Mart. Rico, an Illinois corporation that specializes in production of novelty and sports-affiliated merchandise, entered into the agreement, specifying that any change, cancellation or termination of the…

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