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Articles Posted in Breach of Contract

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Five Year Oral Statute of Limitations Applies to Mixed Oral or Written Contracts

The statute of limitations that applies to a contract that is both oral and written is generally that of an oral contract. This is because if essential terms of the contract cannot be fully ascertained from the written contract itself and require oral evidence to be complete, it is treated…

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Recent llinois Supreme Court Decisions: Highlights

The Illinois Supreme Court plays a crucial role in shaping the legal landscape of the state. June 2021 saw the release of several significant decisions that have far-reaching implications for Illinois residents, businesses, and the legal community. In this blog post, we will explore some of the notable recent Illinois…

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U.S. Supreme Court Upholds Pennsylvania Law Holding Corporations Accountable

Any contract you’ve signed with a company (including the “Terms of Service” most of us don’t read before clicking the box next to “I agree that I have read and agree to the terms”) has included a clause about where you and that company can resolve legal disputes. In some…

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A Call from a Friend Led Him to a Multi-Million-Dollar Case

A Call from a Friend Led Him to a Multi-Million-Dollar Case A lot of people tend to assume lawyers have enormous salaries, but a lot of lawyers, especially those working at small firms, make only a modest income. So, the millions of dollars that might be on their way to…

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Illinois Appellate Court Affirms Oppression and Fiduciary Breach Claims

Labovitz v. Dolan, 189 Ill. App. 3d 403 (1st Dist. 1989) is a case that was heard by the Appellate Court of Illinois, First District, Second Division. The case involved a dispute between Joel Labovitz and a group of investors, who were referred to as the “Labovitz Group,” and Charles…

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The Importance of Choosing the Right Court for Business Disputes: Lessons from Bare v. Al. Ringling Brewing Co., Inc.

As a business owner, partner, or shareholder, complex disputes may arise that require efficient legal resolution. Choosing the right court to file suit can be more complex than one might initially think, especially in cases involving breach of fiduciary duty claims. A recent case from the US District Court for…

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With a New Year Comes New Equal Pay Act Reporting and Certification Obligations for Many Illinois Employers in 2022

Pay equity has become a hot topic of discussion and legislative focus across the United States in the last few years as states seek to adopt stricter pay equity laws and to increase enforcement efforts combating pay inequities for members of protected classes. At the federal level, Congress has introduced…

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Illinois Supreme Court says State Farm, Other Insurers Can’t cut Claims Paid to Homeowners by Depreciating Labor

The Illinois Supreme Court recently issued its decision in a putative class-action lawsuit concerning the practice of State Farm of depreciating the cost of labor when paying out claims to holders of homeowner policies. In a 6-0 decision, the Illinois Supreme Court held that insurers may not depreciate labor costs…

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Apple vs the NSO Group: Another Reason to Check Your Terms and Conditions

Apple recently sued the NSO Group, an Israeli surveillance company that allegedly uses Apple products to spy on targets for its government clients. While the NSO Group has tried to portray itself as a company that helps bring criminals to justice and save lives, a closer look at their clients…

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Appellate Court Rules that Plaintiff Cannot Sue for Breach of Contracts which It is Neither a Party to nor an Intended Beneficiary

 The vast majority of breach of contract lawsuits in commercial litigation involve one party to a contract suing the other party to the contract for failing to perform. Recently, an Illinois Appellate Court was forced to address a less common scenario where the plaintiff alleging a breach of contract was…

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