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Articles Posted in Business Disputes

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Couple Not Entitled to Damages From Difference in Short Sale Price in Contract

A couple who defaulted on their mortgage filed suit against prospective purchasers who dropped out of a short sale agreement shortly before closing. Though the couple later sold the property at a different short sale, the appellate panel determined that the $35,000 difference in the prices was a loss attributable…

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Pharmacies’ Antitrust Suit Fails Because They Could Not Prove a Monopoly Existed

Two small pharmacies sued a pharmacy benefits manager for antitrust violations, alleging that the benefits manager had conspired with Walgreens to drive the small pharmacies from the benefits manager’s network and therefore harm their business. The district court ruled in favor of the benefits manager. After appealing, the 7th Circuit…

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Court Erred in Granting Injunction to Property Owner Over Roof Dispute

Two property owners got into a dispute regarding a roof that encroached onto a neighboring property. The roof was constructed after the prior owners of both properties agreed and entered into a revokable license. The trial court found that the roof was an encroachment and granted summary judgment for the…

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Film Production Company Can’t Sue for Lost Profit

When a film production equipment rental company in Chicago began losing business to a new competitor, it sought to blame a state economic development agency. The company sued the state agency, alleging that the agency conspired to steer state incentives to the new business in violation of the U.S. Constitution…

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Vendor Able to Seek Payment of Contract Debt Despite Pending Bankruptcy Claim

After a tradeshow exhibit vendor was stiffed on the payment of a contract by a middleman, it sued the tool manufacturer to recover its debt. At the same time, it filed a claim in the bankruptcy proceeding of the middleman. The district court ruled that the plaintiff could not pursue…

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Deposition Misconduct Triggers Judicial Rebuke from Federal Magistrate

All too often attorney misconduct in the course of litigation goes unreported and unpunished. Incivility in litigation delays the resolution of cases, taxes an already overburdened judiciary, and increases the cost of litigating a matter. Despite this, attorney incivility is regrettably on the rise in state and federal courts around…

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Study Finds Illinois Ranked as Worst State and Cook County as Worst Jurisdiction in Nation for Business Litigation

When companies decide where to establish a headquarters or where to expand, they must weigh several factors such as access to qualified candidates and tax laws. One factor businesses are considering more and more is the litigation climate of a state or local jurisdiction. According to a recent study, that…

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Fiat Chrysler Allegedly Bribed UAW for Better Contract Terms

Labor unions are supposed to negotiate with employers on behalf of the workers, but according to a recent lawsuit against Fiat Chrysler, the officials of the United Auto Workers union (UAW) allegedly exploited their position to line their own pockets, rather than negotiate better terms for their workers. According to…

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Court Should Have Looked to Course of Parties’ Dealings to Determine Fair Time to Pay Invoices

After two companies got into a dispute about the timeframe for payment of invoices, the 7th Circuit Court of Appeals found that the district court had erred in not considering the parties’ course of dealings to determine what a fair time to pay would have been. In 1999, Valley Drive…

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Insurer Required To Replace All Siding On Building When Matching Siding For Damaged Sides Not Available

A condo association held an insurance policy on its condo buildings. In 2014, a hail and wind storm damaged the siding on several of the buildings. The storm, however, damaged only the south and west-facing sides of the buildings. The association’s insurer initially paid the association several million to repair…

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