Our Chicago business emergency attorneys were interested to read an appellate opinion in which the Fourth District Court of Appeal reversed a Sangamon County judge for the second time in the same case. The Rochester Buckhart Action Group v. Young, No. 4-09-0037 (Ill. 4th Sept. 8, 2009) is a…
Articles Posted in Business Disputes
Fifth District Reverses Decision to Deny Arbitration Clause in Fiduciary Duty Case
Our Illinois alternative dispute resolution lawyers noted an opinion from the Fifth District Court of Appeal reversing a trial court that declined to compel arbitration. In Hollingshead v. A. G. Edwards & Sons, Inc., No. 1-09-0067 (Ill. 5th Jan. 22, 2009), the court ruled there simply was not enough evidence…
Enforcing Noncompetition Agreements is Tricky Business
Any business owner should keep abreast of laws and court rulings that can affect the way they conduct their operation and interact with employees. The law constantly evolves, and that is why our lawyers are vigilant in tracking changes that affect our clients. Citadel Investment Group v Teza Technologies is…
Filing Counterclaims Does Not Waive Contractual Right to Arbitration, Fourth District Rules
As Illinois mediation and arbitration lawyers, we were interested to see a decision confirming that parties may invoke their contractual rights to arbitrate even after some participation in the other side’s lawsuit. TSP-Hope Inc. v. Home Innovators of Illinois, Inc., No. 1-07-1028 (Ill. 4th June 26, 2008) pits a Springfield…
Federal Arbitration Act Controls Dispute Between Construction Companies, Third District Finds
Our Illinois mediation and arbitration attorneys were interested in a court ruling on the controlling legal authority in a dispute over whether an issue is arbitrable. R.A. Bright Construction Inc. v. Weis Builders Inc., No. 3-09-0910 (Ill. 3rd June 9, 2010) pits construction company Weis Builders against its subcontractor, R.A.…
A New York City Federal Judge Allows Chevron to Depose Opposing Counsel
A New York City federal court has allowed Chevron to depose the opposing plaintiffs’ attorney judge. The Court took this unusual step in the toxic tort case against Chevron involving oil contamination in Lago Agrio, Ecuador. Most court’s generally bar the litigants from deposing opposing counsel calling it harrassment.…
First District Rules Creditor Has No Lien Rights on Payment of Unrelated Debt
Our Chicago business attorneys were interested to see a decision sorting out how an individual creditor with a judgment in his favor may collect on the debt. In Tobias v. Lake Forest Partners LLC, No. 1-09-1054 (Ill. 1st June 22, 2010), Andrew Tobias lent $500,000 to Lake Forest Partners,…
Developer’s Lawsuit Accuses Grocery Chain of Using ‘Dirty Tricks’ to Keep Wal-Mart Out of Town
Our Illinois business and commercial emergency attorneys were interested to read an article about a lawsuit suggesting corporate “dirty tricks” by the parent company of the Jewel-Osco chain of grocery stores. Rubloff Development Group Inc., a commercial real estate developer, made that accusation in a lawsuit filed in Chicago…
Illinois Securities Law Statute of Limitation Does Not Apply to Breach of Fiduciary Duty Claim
Our Chicago business litigation lawyers were interested in a recent decision from the First District Court of Appeal. Carpenter et al. v. Exelon Enterprises Company, No. 1-09-1222 (Ill. 1st March 18, 2010) posed a certified question to the court: Does the three-year statute of limitations established by the Illinois…
The Wall Street Journal Reports: “Lars Johnson Has Goats on His Roof and a Stable of Lawyers to Prove It “
“Lars Johnson Has Goats on His Roof and a Stable of Lawyers to Prove It — Having Trademarked the Ungulate Look, Restaurateur Butts Heads With Imitators.” By JUSTIN SCHECK And STU WOO The article discusses how a simple marketing idea of goats on a roof (which is simply a…