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Articles Posted in Contract Litigation

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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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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 for the Northern District of Illinois Decides Breach of Fiduciary Duty Claim

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…

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U.S. Court of Appeals Affirms Dismissal of Claim That Failed Under the Illinois Fraud and Deceptive Business Practices Act

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,…

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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 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. District Court Decides That Punitive Damages Claim Allows Investigation into Corporation’s Books and Records

The issue in this case was whether the financial condition of Wexford Health Sources, the defendant in this federal lawsuit, is relevant for Federal Rule of Civil Procedure 26(b) to apply. This rule limits discovery to that which is “relevant to any party’s claim or defense.” If a corporate defendant’s…

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U.S. Court of Appeals Finds That Insurance Policy Provided for a Defense When a Third-Party Claim Arose Against the Insured

The United States Court of Appeals for the Seventh Circuit in Chicago has affirmed in part and reversed in part the district court’s decision regarding a third-party lawsuit. Sam Chee was driving with his wife, Toni Chee, in August 2010 when their car slammed into a tree. Toni was seriously…

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