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Articles Posted in Breach of Contract

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U.S. District Court Finds Lack of Personal Jurisdiction in Contract Dispute

This is a case in which the U.S. Court of Appeals for the 7th Circuit in Chicago found that the defendant had contracted with an out-of-state buyer. The court found that the buyer performed all contractual obligations in his own state; however, the required sufficient minimum contacts were not found…

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Jury Returns a $467,000 Jury Verdict Blaming Broker for Insurer’s Denial of Coverage

James Werner, who was also the defendant in this case, was the insurer producer for Office Furnishings Ltd. and Brathan Property LLC. Brathan Property owned a commercial building at 725 S. 25th Avenue in Bellwood, Ill., where Office Furnishings maintained a warehouse for its office furniture business.  Werner obtained insurance…

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Limited Liability Company’s Member Not Liable in Fraud Claim

Craig Yale was a limited liability member of Wolcott LLC, a real estate development operation.  The two plaintiffs, Dr.Biplob Dass and Brett Garry, brought a lawsuit against Wolcott LLC, claiming they were duped when purchasing a garden condominium unit from Wolcott. In the complaint it was alleged that the unit…

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$2,200,000 Jury Verdict Against Insurance Brokers Who Chose Not to Obtain Adequate Insurance Coverage for Company Purchasers

In December 2007, the plaintiffs, Brothers Future Holding LLC and Custom Gourmet Concepts LLC purchased a vacant meat packing plant located at 2684 N. 900 East Road in Ashkum, Ill.  The plaintiffs planned to use the property to start up a new custom contracting cooking company. The plaintiffs hired Assurance Agency,…

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U.S. District Court Dismisses Breach of Contract Case for Lack of Jurisdiction

According to a recent Chicago U.S. District Court decision, a Maine aircraft repair company cannot be brought into a court in Illinois. The decision was based on an argument that because the company’s website can be accessed in Illinois, jurisdiction would lie in U.S. District Court. In the written opinion issued…

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Baseball’s Antitrust Exemption Prevents San Jose From Becoming the New Home of the Oakland A’s

Judge Ronald Whyte reached a decision in the Northern District of California wherein he upheld Major League Baseball’s (MLB) exemption holding that the power to relocate a baseball team franchise is within the business of baseball and that the business of baseball remains exempt from federal antitrust laws. The lawsuit brought…

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Breach of Contract Lawsuit Brings $311,640 Jury Verdict; Includes More Than $88,000 in Interest

Tire Services Co. and AA Truck & Trailer Repair entered into an agreement that called for plaintiff Tire Services to sell approximately $450,000 worth of tires to AA Truck. AA Truck agreed and took delivery, but paid just $231,142 of that amount before it stopped making payments in December 2009.  When…

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Court Rules in Favor of Customer in Trade Secret Claim

Conxall Corp. was the supplier of custom cables and connectors to its customer, Mine Safety Appliances Co. (MSA), the third-party defendant in this case.  MSA later provided drawings and 3-D (3-dimensional) models to the defendant ICON Systems to enable it to offer a quote and supply the same product. The…

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Motion for Summary Judgment Must be Accompanied by Affidavit with Specific Facts or Account for Personal Knowledge

In January 2003, Michael Henderson, the defendant, wanted to rehabilitate real estate he owned. He submitted a loan application to the plaintiff, National Lending Services Inc. National Lending approved Henderson’s loan. The loan provided for an adjustable rate interest in which the interest only was paid until the loan matured on…

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Shareholder’s Right to Sue for Breach of Fiduciary Duty by Baxter International Directors and Officers Allowed

This shareholder derivative lawsuit arose out of a long and unsuccessful effort by Baxter International Inc. to fix various problems with a medical device called Colleague Infusion Pump. The plaintiff in the case, Westmoreland County Employee Retirement System (Westmoreland) alleged that Baxter’s directors and officers breached their fiduciary duties by “consciously…

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