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Articles Posted in Business Litigation

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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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US Court of Appeals Reviews 30-Day Time Limit for Filing a Notice of Removal

Hubert Walker represented a class of truck owner-operators who sued Trailer Transit Inc., a broker of trucking services, for breach of contract. The lawsuit was filed in an Indiana state court. The underlying lawsuit concerned a lease agreement between Walker, who owned and operated a long-haul truck and trailer transit. Under the…

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Illinois Appellate Court Weighs in on Limited Joinder

In April 2009, the plaintiffs brought a lawsuit against James W. Hall, Cassandra McCord, JWH Management Inc. and JWH Family Partnership Ltd. Right after the lawsuit was brought, another group of plaintiffs filed a separate lawsuit naming some of the same defendants and then others.  In the first litigation — 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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U.S. Court of Appeals Finds No Copyright Violation Where Two Songs Shared Only Characteristics Common and Essential to their Genre

The 7th Circuit Court of Appeals in Chicago has affirmed a ruling by the federal district court judge over a copyright lawsuit involving a song. Guy Hobbs composed a song entitled “Natasha” while working on a Russian cruise ship.  This song was registered as a copyright in the United Kingdom in…

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Illinois Appellate Court Affirms Jury’s Verdict and Judgment Notwithstanding the Verdict Order

The Illinois Appellate Court has affirmed the decision of a Cook County Circuit Court judge in a dispute that arose over a rental property. Randy Franks entered into a commercial lease agreement with Sheldon Broder. Franks was leasing a property to use as a retail store. Franks paid Broder a security deposit of…

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Court Reverses Summary Judgment Order in Contract Case Where Questions of Fact Remained

Archon Construction Co. was hired by the defendant U.S. Shelter to install a sewer system for a development, which was a small residential subdivision in Elgin. The contract between the parties was signed on June 5, 2005 and specified the types and quantities of material to be used by Archon.  For…

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Insurance Company’s Restrictive Endorsement Did Not Limit Coverage in Accident; Indiana Insurance Co. v. Royce Realty

Cathy Stackhouse obtained a $4.5 million jury verdict against Lakemoor Golf Course and Royce Realty for an accident that took place on Lakemoor’s golf course. The golf course and Royce Realty were insured by Indiana Insurance Co. Royce Realty was the manager of several golf courses, shopping centers and apartment buildings. Because…

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Service of Process was Sufficient When Process Server Left Copy of Summons and Complaint at the Residence of Defendant and Mailed Additional Copy; CitiMortgage, Inc. v. Lubowicki

Slawomir Lubowicki and his wife, Agnieszka Lubowicka, held a mortgage from the plaintiff, CitiMortgage (Citi) in the amount of $329,000 for their home in Mount Prospect, Ill. In August 2009, Citi filed a lawsuit alleging that Lubowicki and his wife were in default in the payment of their mortgage and sought…

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