Published on:

Chicago non-compete agreement lawyers near Deerfield and Lake Forest“Can you leave a company, and take employees with you?”

In InsureOne, the Illinois Appellate Court for the First District upheld the trial court’s award of $7,670,210 in damages for alleged violations of non-compete and non-solicitation agreements.

Plaintiffs InsureOne Independent Insurance Agency, American Agencies General Agency, Inc., and Affirmative Insurance Holdings, Inc. purchased the assets of several insurance companies owned or controlled by James P. Hallberg, who covenanted not to compete with the Plaintiffs or to solicit any of their employees or customers for a period of time to be determined based on the circumstances of his termination. Hallberg was to run the company as its president, subject to the non-compete and non-solicitation covenants. The Plaintiffs retained several of Hallberg’s former employees, including his nephew, who also signed a covenant not to compete with, or solicit employees of the company for twelve months following termination. Continue reading

Published on:

Chicago Restore and Rust-Oleum Product Defect Attorneys and Lawyers near Wheaton and NapervilleCompanies often invest a lot of money in the products they sell, especially new products that have recently been released. They spend money on advertising and they sometimes train employees in retail stores to conduct demonstrations of their new product.

One company that recently launched a new product and talked it up in Home Depot stores is Rust-Oleum Corp. and their product was Restore. Restore was sold as a liquid armor coating that could be applied to wooden decks or room-swept concrete surfaces. According to a recent class action lawsuit though, Restore did not act as the protective coating it was advertised to be. Instead, the product allegedly peeled off surfaces, leaving them exposed.

The lawsuit was filed by Ulbardo Fernandez, who purchased the product at Home Depot. He alleges that Restore was advertised as being a “smart alternative” to replacing decks and concrete. Fernandez allegedly decided to purchase Restore as a result of the advertisement he saw for it in Home Depot. Continue reading

Published on:

Chicago's best attorneys -- lawyers who concentrate on consumer fraud class actionsUnder the Class Action Fairness Act (CAFA), defendants in a class action lawsuit are able to have the case moved to federal court. This law was enacted to prevent plaintiffs from “forum shopping”, or filing their lawsuit in the court that they knew would be most favorable to their side. There are limits to the law though. If the claims of a class action lawsuit amount to less than $5 million, or if at least two thirds of the class members are residents of one state, then the lawsuit can proceed in a district court of that state.

According to a recent ruling by the Seventh Circuit Court of Appeals, the plaintiff bears the burden of providing evidence that allows the court to determine the citizenship of the putative class members as of the date that the case was removed to federal court. The ruling came out of a class action lawsuit that was filed against an Illinois insurance company for allegedly violating relevant state laws when it pulled out of the market in 2002 and cancelled all of its policies. The defendants had the case removed to federal court, but the plaintiffs argued that it belonged in Illinois state courts under the home-state exemption.

The plaintiffs argue that the lawsuit belongs in Illinois state court based on the fact that the defendants’ policy was offered only to people who represented that they lived in Illinois or, for group policies, to employers who represented that most of their beneficiaries lived in Illinois. The plaintiffs assert that, assuming that former policyholders left Illinois at the normal rate of 2% per year since 2002, about 87% of the putative class members were Illinois residents when the case was removed to federal court. Continue reading

Published on:

Chicago's best consumer fraud class action lawyers and attorneysCompanies know the importance of advertising. Many people are attracted by a particular label or claims that a product is associated with a certain time in history or perceived social standing. This is especially true of alcohol where, aside from the taste, many people make their purchasing decisions based on a sense of prestige. Breweries and distilleries often try to given their brand a pretigious image and use that image in their advertising, including the producers of Templeton Rye Whiskey.

According to a recent class action lawsuit against the company, Templeton Rye allegedly violated consumer protection laws by allegedly misleading consumers with stories of the whiskey’s origins. Marketing material released by the company claims that its founders were inspired by the Prohibition-era recipe of Alphonse Kerkhoff, which was handed down through his family on a scrap of paper. The label on the whiskey bottle also bears an old black-and-white photo, which is reminiscent of America in the 1920s when Prohibition was in effect. The label matches the whiskey maker’s claims to a recipe that has been handed down through the generations, and reinforces the belief that the whiskey is made using a recipe that is almost 100 years old. Continue reading

Published on:

Super Lawyers named Chicago and Oak Brook business trial attorneys Patrick Austermuehle  and Andrew Murphy Super Lawyers/Rising Stars in the Categories of Class Action, Business Litigation and Consumer Rights Litigation. DiTommaso-Lubin’s Oak Brook and Chicago business litigation lawyers have over a quarter of century of experience in litigating complex class action, consumer rights and business and commercial litigation disputes. We handle emergency business law suits involving injunctions, and TROS, covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely held businesses and employee breaches of fiduciary duty. We also assist businesses and business owners who are victims of fraud.

DiTommaso-Lubin’s Woodridge, Lisle, Naperville, and Warrenville litigation attorneys have more than two and half decades of experience helping business clients unravel the complexities of Illinois and out-of-state business laws. Our Chicago business, commercial, class-action and consumer litigation lawyers represent individuals, family businesses and enterprises of all sizes in a variety of legal disputes, including disputes among partners and shareholders as well as lawsuits between businesses and and consumer rights, auto fraud, and wage claim individual and class action cases. In every case, our goal is to resolve disputes as quickly and successfully as possible, helping business clients protect their investments and get back to business as usual. From offices in Oak Brook, near Elgin and Aurora, we serve clients throughout Illinois and the Midwest.

If you’re facing a business or class-action lawsuit, or the possibility of one, and you’d like to discuss how the experienced Illinois business dispute attorneys at DiTommaso-Lubin can help, we would like to hear from you. To set up a consultation with one of our Chicago class action attorneys and Chicago business trial lawyers, please call us toll-free at 1-877-990-4990 or contact us through the Internet.

Published on:

Super Lawyers named Chicago and Oak Brook business trial attorneys Peter Lubin and Vincent DiTommaso Super Lawyers in the Categories of Class Action, Business Litigation and Consumer Rights Litigation. DiTommaso-Lubin’s Oak Brook and Chicago business trial lawyers have over a quarter of century of experience in litigating complex class action, consumer rights and business and commercial litigation disputes. We handle emergency business law suits involving injunctions, and TROS, covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely held businesses and employee breaches of fiduciary duty. We also assist businesses and business owners who are victims of fraud.

DiTommaso-Lubin’s Schaumburg, Evanston, Naperville, and Aurora litigation attorneys have more than two and half decades of experience helping business clients unravel the complexities of Illinois and out-of-state business laws. Our Chicago business, commercial, class-action and consumer litigation lawyers represent individuals, family businesses and enterprises of all sizes in a variety of legal disputes, including disputes among partners and shareholders as well as lawsuits between businesses and and consumer rights, auto fraud, and wage claim individual and class action cases. In every case, our goal is to resolve disputes as quickly and successfully as possible, helping business clients protect their investments and get back to business as usual. From offices in Oak Brook, near Lake Forest and Elgin, we serve clients throughout Illinois and the Midwest.

If you’re facing a business or class-action lawsuit, or the possibility of one, and you’d like to discuss how the experienced Illinois business dispute attorneys at DiTommaso-Lubin can help, we would like to hear from you. To set up a consultation with one of our Chicago class action attorneys and Chicago business trial lawyers, please call us toll-free at 1-877-990-4990 or contact us through the Internet.

Published on:

Chicago wage theft attorneys and lawyersThe courts of the United States have seen an exponential rise in the number of wage and hour lawsuits that get filed every year, but the cause of this rise is unclear. Worker advocates allege that “wage theft” has become far too prevalent in our nation’s current economy. Many blame the recent recession, which pressured employers to cut corners in order to save costs. At the same time, employees were afraid of losing their jobs and being unable to find new employment. The result was that employers took advantage of the situation to get more work out of their employees while paying them less. It is only since the job market started to stabilize that employees have felt confident enough to file lawsuits against their employers.

Business advocates tell a different story. They assert that government officials are creating large numbers of wage and hour lawsuits, mostly so they can score points with the unions. They point to the fact that the recent wage and hour lawsuit against Schneider Logistics coincided with unions pressuring Walmart to raise wages. Although Schneider does store merchandise for Walmart, it is not owned by Walmart, and Walmart is not responsible for Schneider’s employment practices. Despite this fact, the lawyers and labor groups involved in the lawsuit against Schneider have sought to make Walmart jointly liable in the labor violations.

Business groups also claim that the onslaught of wage and hour lawsuits against McDonald’s has been coordinated with the recent movement by fast-food workers demanding a $15 minimum wage. Continue reading

Published on:

Chicago defamation slander and libel attorneys near Schaumburg and NapervilleNo one likes being the scapegoat in a messy situation. Unfortunately, when large companies lose a lot of money, or don’t make as much as they had anticipated, their first recourse is often to find someone to blame. In the case of Walgreens’s recent $1 billion alleged forecasting error, the company’s CFO at the time, Wade Miquelon, became the alleged scapegoat.

According to reports, Miquelon made an alleged forecasting error that required Walgreens to cut its forecast of pharmacy unit earnings for the year 2016 from $8.5 billion down to $7.4 billion. After the alleged forecasting error, Miquelon and another executive at Walgreens lost their jobs, but Miquelon tells a different alleged story which Walgreens denies.

According to the former CFO, he was not fired from his position. In fact, he claims he was offered a promotion and told that, if he accepted it, he would be in line to succeed Gregory Wasson as Walgreens’s CEO. Instead of taking that opportunity, Miquelon says he left his position “to pursue opportunities outside of Walgreens”. Thanks to accusations made by Wasson and other Walgreens executives though, Miquelon’s opportunities outside of Walgreens have been severely restricted. Continue reading

Published on:

Non-compete agreement lawyers near Hinsdale and ChicagoUnemployment benefits were designed to help those who lose their job through no fault of their own. As a result, most employers don’t expect former workers who resign their position to receive unemployment benefits, but a Missouri appellate court recently ruled that, in some instances, an employee who resigns can do just that.

The case that prompted the ruling was David Darr, a former life-insurance salesperson for Robertsville Marketing Group, based in Wentzville, MO. A few months after Darr began working for Robertsville, the company sent out a notice to all of the employees, telling them they would be required to sign a non-compete agreement as a condition of continued employment with the company. Continue reading

Published on:

Top class action attorneys and lawyers near Chicago and NapervilleWhen a consumer feels she has been cheated by someone she bought a product or service from, the amount of her claim is often too small to warrant suing the seller. In that case, the consumer’s best bet is to collect a group of other consumers who have similarly been allegedly cheated and file a class action lawsuit. In order to successfully pursue a class action lawsuit though, a judge must grant the plaintiffs class action status, and in order for the judge to do that, the class of plaintiffs must fulfill certain requirements. These requirements include a class that is sufficiently large to warrant a class action, plaintiffs who can adequately represent the class, and complaints from class members that are sufficiently similar to warrant combining them into one action.

Another requirement that has caused much controversy in the courts lately is ascertainability, meaning there must be a way to identify all of the members of the class. This can be an issue in class actions filed against food producers or retailers, especially those who produce cheap food, for which consumers rarely keep their receipts. In Carrera v. Bayer, the plaintiff, Gabriel Carrera, sued Bayer on behalf of all consumers who had purchased Bayer’s One-A-Day WeightSmart diet supplement. According to the complaint, Bayer falsely advertised its diet supplement as having metabolism-boosting effects, based on the fact that it contained green tea extract. Continue reading