Three Illinois workers and two public worker unions waited for the U.S. Supreme Court to weigh in on a carbon copy of their union-fee dispute. The case they were waiting on from the Supreme Court was Friedrichs v. California Teachers Association. Because of the death of Supreme Court Associate Justice…
Articles Posted in Contract Litigation
Warranty Deed Was Found Invalid Because Guardianship Was Never Canceled
Jose Adame paid $145,000 for a house that was being sold by joint tenants, Arnold and Arthur Lynch. There was a problem with the warranty deed that Arnold signed in June 2005. In 2002, Arnold was in a coma following a car accident. The judge appointed James Brya as plenary…
Failure to Follow through with Contract Requirements Made Specific Performance Lawsuit Moot
On Oct. 28, 2013, Robert Skahill signed a contract with Metropolitan Properties & Development Inc. The contract called for him to buy the property from Metropolitan for $3.1 million. Skahill was required to put down $50,000 as earnest money of which $5,000 was due on the signing of the contract…
Federal Court Jury Finds Mortgage Servicer Responsible for Defrauding Senior Citizen
Alena Hammer owned and resided in a house located in Villa Park, Ill. Her mortgage was serviced by AmTrust Bank until AmTrust failed and was taken over by the FDIC in November 2009. The mortgage did not include an escrow account, and Hammer paid her real estate taxes and property insurance…
Injured Motorcyclist Barred From Recovery Because of Release Signed by Plaintiff
Cynthia DeCornmier suffered serious injuries when she fell from her motorcycle on a motorcycle training course. Before the beginning of the training course, DeCornmier signed a release of all claims that may have resulted from or arising out of her participation in the training course. The release document stated in…
Illinois Supreme Court Rules That Material Misrepresentation on Renewal Application of Legal Malpractice Insurance Policy Would Allow Rescission Even if the Insured was Innocent of the Misrepresentation
The Illinois Supreme Court has reversed the Illinois Appellate Court in a case centering on an application for legal malpractice insurance. In this case, one of the partners of the law firm of Tuzzolino and Terpinas (T&T) filled out a renewal form for legal malpractice with ISBA Mutual for himself…
Illinois Appellate Court Denies Recovery in Unjust Enrichment Case
In 1986, Nina Willoughby operated a small business in which she sold retail clothes in a rented store. That year, she and Louis Fideli took out a $315,000 loan and purchased the store with other properties. The store property was kept solely in Fideli’s name. However, in 2003, Willoughby missed…
Illinois Appellate Court Reverses on Ambiguous Contracts and General Release Language
In October 2006, Stericycle Inc. entered into a contract with RQA Inc. to buy a segment of its business for $8 million. Stericycle acquired the unlimited right to use RQA’s software. In addition, the two companies entered into a non-competition agreement. In 2010, the two companies contracted again, this time…
Condominium Association Claims Faulty Masonry Work Caused Leaks in Construction
Late in 2002, the developer of 1717 S. Prairie Ave. in Chicago, Ill., retained the defendant Hansen & Hempel Co. to complete the masonry work for a 23-story condominium complex. When the building was nearly finished in March 2004, it started to experience water leakage. The condominium association, Board of…
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…