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Articles Posted in Consumer Law

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Dismissal with Prejudice of Case Without Choice of Law Clause in Contested Agreement Leaves Open Issue; Illinois Appellate Court Reverses

Larry Fabian was hired in 2001 by Cantor Fitzgerald to be a broker at the Chicago Mercantile Exchange. In 2007, he was transferred to BGC, which was a spinoff company of Cantor Fitzgerald. In 2008, Fabian was named as a partner of “Founding Partner No. 69.” According to Fabian, he…

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Injured Car Rental Customer Entitled to Underinsured Motorist Coverage Ahead of Rental Car Company’s Coverage

The Illinois Appellate Court has reversed a summary judgment order that was entered by a Cook County judge in favor of Safeway Insurance Co. In this case, Jeffrey and Stephanie Hadary were injured in a car crash when Carlos Velez was driving a car he rented from Hertz Corp. The…

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Appeals Court Finds that Business Had No Actual or Constructive Notice of a Puddle before a Fall Injury

The U.S. Court of Appeals in Chicago has affirmed a decision of the U.S. District Court for the Northern District of Illinois dismissing a lawsuit against a Wal-Mart store for injuries suffered by Kristen Zuppardi. She went to the Wal-Mart store in Champaign, Ill., with her brother and her son…

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Illinois Appellate Court Determines Timeliness of Relation-Back Doctrine

On Aug. 2, 2005, Brandy Pirrello was a resident at Maryville Academy, a facility that houses and treats minors with behavioral problems. At the time, Brandy was 16 years old. She had been admitted to the facility in early 2005 and had been diagnosed with bipolar disorder and was at…

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Specific Details are Required for Allegations of Fraud Under the Illinois Consumer Fraud Act

The 7th Circuit Court of Appeals in Chicago has affirmed the dismissal of a fraud case in the U.S. District Court for the Northern District of Illinois. Patrick Camasta filed a lawsuit against Joseph A. Bank Clothiers Inc. claiming that prior to making purchases at the company’s far north suburban…

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GM Fails to Dismiss Re-Opened Georgia Lawsuit Regarding its Ignition Switch Defect

A case against the automaker General Motors was first settled and then refiled after it was revealed that GM had chosen not to report the ignition switch defect to the public for more than 10 years. This was claimed to have been fraudulent concealment. In this particular Georgia case, the…

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$90 Million Class-Action Settlement is Thrown Out by U.S. Court of Appeals

A class-action lawsuit was filed in the U.S. District Court for the Northern District of Illinois against a window manufacturer. The basis for the reversal of the approved $90 million settlement for the class-action lawsuit claiming defective windows was due to inequities with respect to the attorney fees of approximately…

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US Court of Appeals Considers Relevant Topics of Cross-Examination at Trial

Allen Plyler had purchased and installed a Whirlpool microwave oven for his home. Seven years later, in October 2006, Plyer used the microwave to heat up some food. Eight hours later, Plyer was awakened by a fire that began in the microwave. He tried to put out the fire but…

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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 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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