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…
Articles Posted in Business Litigation
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…
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…
$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,…
Illinois Appellate Court Affirms Trial Judge’s Dismissal in Real Estate Deal Gone Bad
In 2011, Gloria Won intended to purchase a residence from Grant Park 2 LLC. Since the deal she anticipated fell apart, Won filed a breach of contract and breach of fiduciary duty lawsuit against Grant Park 2. In that suit, Won alleged that Grant Park 2 chose not to meet the…
Illinois Mediations Governed by the Illinois Uniform Mediation Act; Privilege and Confidentiality are Different Yet Intertwined
The mediation of cases involves opposing positions. A mediation session begins with a brief opening statement by the mediator laying out for the parties and lawyers that the process that is about to take place will remain confidential. The mediator in most settings will mention a few exceptions and explain confidentiality when…
Illinois Non-Competition Agreement is Not Valid and Enforceable if Employee is Fired or Resigns Within Two Years
Non-competition agreements are usually a part of an employment agreement that the company develops; employees have access to company secrets, trade secrets and customer lists, all of which can be detrimental if known by those outside the company, including competitors. It has long been the case that the traditional non-competition agreements…
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…
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…
Illinois Appellate Court Finds Trust Dispute Can Remain in Cook County Court
In an Illinois Appellate Court decision, it was found that a trust’s beneficiaries had sufficient minimum contact with the state simply through their ownership interest of a trust administered by an Illinois resident. In May 2012, a Cook County associate court judge dismissed the trust dispute case for lack of…