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Articles Posted in Business Litigation

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Opposing Statutes of Limitation Chosen in Appellate Court Case; Advanced Credit v. Linares

The Illinois Appellate Court has reversed a decision by a Cook County judge in a case involving two statutes of limitation, which were possible choices in a breach of contract case. On Aug. 2, 2002, the plaintiff, Advanced Credit Inc. (ACI), and the defendant Samuel Linares signed a promissory note…

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Cook County Jury Verdict for $950,000 in Fraud and Breach of Contract Case; DaVinci Graphics v. Environomics Communications, Inc., et al.

The plaintiff, DaVinci Graphics, entered into a purchase agreement in 2009 to buy the Brownfield News magazine for $425,000.  The sellers were the defendants in this case. As part of the deal, DaVinci paid $100,000 up front with the remainder of the purchase price to be paid in installments. After DaVinci…

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Illinois Appellate Court Reverses Trial Court in Substitution of Party; Mohica v. Cvejin

A breach of contract case was interrupted by the death of the individual plaintiff, Theodore Sarche. Mr. Sarche’s death led to his law firm moving to appoint a special representative under Section 2-1008(a) of the Illinois Code of Civil Procedure. An affidavit was later supplied by Sarche’s sole surviving child, Michael…

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Federal Appeals Court Holds That Federal Labor Laws are Enforced Against Successor Corporation; Teed, et al. v. Thomas & Betts

When a company is acquired in an asset sale, successor liability applies for pending claims under the Fair Labor Standards Act, even if the acquiring company disclaims liability for such claims.  The Seventh U.S. Circuit Court of Appeals in Chicago affirmed the decision by a district court judge in a…

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