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Articles Posted in Breach of Contract

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Illinois Appellate Court Rules That Assignment of Guaranty Unenforceable Where the Guarantor is Not Aware of the Risks

An Illinois Appellate Court has affirmed a decision by a Cook County Circuit Court judge relating to a guaranty. In 2001, Paul Steiner and Ricky Nelson, representatives from Superior Wine Selections, submitted a credit application to a wine distributor, Morand. With the application, Steiner and Nelson each tendered a personal…

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Illinois Appellate Court Decides Case of Timely Service When Reply Mailed

The Illinois Appellate Court has affirmed in part and reversed and remanded in part a decision of a Cook County Circuit Court judge. In this case, Osep Armagan filed a lawsuit against Michael, Kathy and Stephen Pesha, individually and as agents for Gold Dust Coins. Armagan claimed that he gave…

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U.S. Court of Appeals Reverses District Court in Jurisdiction Issue Over Minimum Contacts

Advanced Tactical manufactures and sells PepperBall projectile irritants. The product, PepperBalls, resemble paintballs, but PepperBalls contain irritants and are designed to be used for crowd control by police, private security firms and similar organizations. Advanced Tactical was headquartered in Indiana, though the company had at least one office in California.…

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Illinois Appellate Court Rules Reversible Error Occurred When Trial Judge Failed to Deliver Complete Jury Instructions

In February 2009, Valerie Mobley’s Subaru developed transmission problems. Mobley found Best Transmissions, which acted as a broker and referred auto repair jobs to various repair shops. Mobley called the number listed on the website that she found and spoke to a salesman who told her that a neighborhood shop…

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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 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 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 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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Illinois Appellate Court Distinguishes Between Contract Rescission and Non-Performance of Contract

In November 2006, Jose Lopez lent Jesus Quintana $20,570.  The purpose of the loan was for Quintana to purchase a car.  There was no written agreement for the loan, just an oral contract.  According to Lopez’s lawsuit, Quintana defaulted on the loan by choosing not to make his payments in…

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