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Articles Posted in Business Disputes

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California Court Rules that Jury Must Decide Issue of Willfulness in Fair Credit Reporting Act Class Action

A California state appellate court recently issued an opinion reviving a class-action lawsuit concerning alleged violations of requirements employers must follow when performing employment-related background checks. In its opinion, the Court reversed summary judgment entered in favor of book retailer Barnes & Noble in a class-action lawsuit accusing the retailer…

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Delaware Court Rules that Consent to Merger in Stockholders Agreement Did not Waive Right to Bring Fiduciary Duty Claims

Recently, the Delaware Court of Chancery refused to dismiss an action for post-closing damages stemming from alleged breaches of fiduciary duty brought by former stockholders of Authentix Acquisition Company, Inc. In doing so, the Court rejected the defendants’ arguments that a provision in a stockholders agreement entered by the plaintiffs…

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Seventh Circuit Rules for Insurer in COVID-related Business Interruption Litigatio

The U.S. Court of Appeals for the Seventh Circuit recently joined the Sixth, Eighth, Ninth, and Eleventh Circuits in ruling in favor of insurers facing COVID-19 business interruption lawsuits. The consolidated appeal dealt with three different claims under Illinois law brought by affected businesses in a diversified range of industries…

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When Flooding and Other Problems Occur, Developer and Residents Point Fingers

Back in September the resident-run condo board of 432 Park Avenue in Manhattan sued the developer of the building for $125 million to repair 1,500 alleged defects to the luxury condo building. According to the lawsuit, multiple residents experienced flooding in their units and noise as a result of alleged…

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Seventh Circuit Rebuffs Software Company’s Attempt to Enforce Arbitration Agreement in Third Party User Agreement

It is not at all uncommon for a company to require individuals to agree to its Terms of Use when they sign up for an online service or when creating an account on a website or mobile app. It is also not uncommon for that service, website, or app to…

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Class-Action Lawsuit Alleges that Amazon’s Alexa Violates the Illinois BIPA

Amazon is facing a class-action lawsuit filed in the Madison County Circuit Court alleging that Amazon’s Alexa violates the Illinois Biometric Information Privacy Act (BIPA). In setting out its case against Amazon, the Complaint quotes an interview with former Amazon senior editor James Marcus in which he said that “It…

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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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The Show Might Not Be Real, But the Consequences Are

Almost as soon as reality TV gained prominence in our popular culture, it ceased to be reality. Producers and showrunners end up with hours and hours of footage that has to be edited down to fit the time frame of the TV show, but it didn’t take long for them…

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Vicky Cornell Alleges Soundgarden Used Flawed Valuation to Shortchange Her

There are countless stories of a rock band’s members fighting over music and money, but this time it’s the widow of a band’s recently deceased member who’s fighting with the remaining members of the band over the band’s value. When the singer Chris Cornell died, his widow, Vicky Cornell, inherited…

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Seventh Circuit Issues Guidance for Interpreting UCC Section 2-609’s “Adequate Assurances” Provision in Breach of Contract Action  

For producers and manufacturers, alike supply contracts have many advantages. For manufacturers, it ensures a steady supply of raw goods for manufacturing, and for producers, it secures a steady stream of revenue. All contracts though come with the risk that one of the parties will breach them. In a recent…

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