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Articles Posted in Contract Litigation

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U.S. Court of Appeals Orders the Enforcement of a Contract with an Easement, Without Application of the Rule Against Perpetuities

In 1952, the owner of a parcel of land in Illinois granted a pipeline operator an easement for two pipelines to cross his land. The first pipeline was built immediately. The easements specified that the second pipeline, if constructed, was required to be built within ten feet of the first…

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U.S. Court of Appeals Finds that Claims of an Individual Shareholder are Derivative to the Corporation

Fortunee Massuda was an investor in a group of Panda Express restaurants in Chicago. The restaurants were owned by a joint venture, RC Partnership, made up of Panda Express Inc. and Rezko Concessions Inc. Massuda invested $4 million in the joint venture in exchange for an ownership interest of 11%…

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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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U.S. Court of Appeals Affirms Dismissal of Copyright Infringement Case Regarding Unauthorized Recording

The 7th Circuit U.S. Court of Appeals in Chicago has affirmed a decision dismissing a copyright claim brought by Catherine Conrad, who was a self-employed singing and dancing entertainer. Conrad calls herself the “Banana Lady” and performs wearing a costume in the shape of a giant banana. Conrad was hired…

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Illinois Appellate Court Affirms Dismissal of Trial Court’s Decision Dismissing Condominium Association Lawsuit Against Contractors for Defective Construction Work

The plaintiff, Michigan Indiana Condominium Association, is a 119-unit residential condominium complex (the “Complex”).  Optima was the general contractor and selected a variety of subcontractors to do the construction work.  Construction was completed in June 2002.  One of the contractors was Jenni and Loucon.  Loucon was the masonry contractor.  On…

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U.S. Court of Appeals Finds Duty to Indemnify in Construction Injury Case

The 7th Circuit Court of Appeals in Chicago has reversed a district court judge’s decision in a case involving an indemnification clause in a contract. Robert Krien was an employee of Riley Construction.  Riley was the general contractor on a construction project located in Wisconsin.  Riley in turn, hired Harsco…

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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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U.S. Court of Appeals Affirms Tortious Interference Judgment

  TABFG is a limited liability corporation.  It brought a lawsuit against Richard Pfeil, claiming that among other things that Pfeil had tortuously interfered with a contract.  After a bench trial, the district judge entered judgment in favor of TABFG in the amount of $957,659.68, comprised of a principal of…

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