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Articles Posted in Illinois Appellate Courts

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Doctor Asserts Slander Claims Over Accusation of Negligence During Surgery – Tunca v. Painter

An Illinois appellate court reversed a circuit court order dismissing a doctor’s lawsuit for slander per quod against two colleagues. Tunca v. Painter, et al, 965 N.E.2d 1237 (Ill. App. 2012). Two doctors who worked at the same hospital as the plaintiff alleged that the plaintiff was negligent during a…

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Illinois Appellate Court Reverses Dismissal of Northwestern Professor’s Defamation Lawsuit, Remands for Further Proceedings – Mauvais-Jarvis v. Wong

An appellate court in Illinois reversed a lower court ruling dismissing a defamation lawsuit brought by an associate professor at Northwestern University. Mauvais-Jarvis v. Wong, et al, Nos. 1-12-0070, 1-12-0237 cons., slip op. (Ill. App. 1st Dist., Mar. 28, 2013). The plaintiff claimed that the defendants committed libel against him…

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Illinois Appellate Court Denies Request for a New Trial After $1.2 million Verdict for Fraudulent Misrepresentation in Commercial Property Transaction

Most businesses are of the brick and mortar variety, meaning that they have a physical location where they conduct operations, and as a result these business have to either buy or rent properties to acquire the space they need. At Lubin Austermuehle, our Elgin business attorneys have handled many commercial…

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Business Owners Beware, Make Sure Your Employment Agreements are Clearly Written and Reasonable

Every business has employees, and as business litigators, the attorneys at Lubin Austermuehle pride ourselves on being knowledgeable about all the areas of law that affect our clients, including employment laws. Our Orland Park business attorneys recently discovered a case that has an impact on companies who utilize employment non-competition…

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Appellate Court Applies 10 Year Statute of Limitations in Construction Indemnity Case

Lubin Austermuehle represents clients all over the Chicago-land area, and because Chicago is a growing metropolis, land comes at a premium. This means that there is constant property development going on all over our fair city, and with that development comes unique legal problems. Water Tower Realty Company v. Fordham…

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Illinois Appellate Court Dismisses Lawsuit Between Truck Manufacturer and Franchisee

Lubin Austermuehle represents clients from many industries who operate all kinds of businesses, including both franchisors and franchisees. Our Aurora business attorneys came across an appellate decision from the Fourth District here in Illinois that involves a dispute that arose out of a franchise agreement between a heavy-duty truck manufacturer…

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Appellate Court Rules that Adding an Arbitration Clause to an Insurance Agreement Does Not Constitute a Change in Coverage under Illinois Law

Workers’ compensation insurance is a necessary part of doing business for many companies, so the attorneys at Lubin Austermuehle are always on the lookout for emerging legal issues in that area. Our Naperville business attorneys recently discovered a decision rendered by the Appellate Court of Illinois that is significant for…

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llinois Appellate Court Rules that a Relocation Provision in a Commercial Lease Must Abide by State Regulations

Earlier this year, the Appellate Court of Illinois handed down an opinion that has implications for businesses with leased premises. Our Aurora business attorneys found Bright Horizons Children’s Centers LLC v. Riverway Midwest LLC, which is a dispute regarding a commercial lease that was initially filed in Cook County. Bright…

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Appellate Court Overturns Grant of Summary Judgment in Successor Liability Case

For many business owners, they operate their companies with the hopes that they will continue to be successful ventures long after they are gone. However, both low level and senior personnel eventually move on, and businesses may have obligations to their surviving family members. Lubin Austermuehle is familiar with such…

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Employers Can Require Exempt Employees to Take Mandatory Leave and Still Meet the IMWL Salary Basis Test

At Lubin Austermuehle, we are accustomed to litigating wage claims brought under the Fair Labor Standards Act, and most of our clients have FLSA claims. However, our firm also is well versed in Illinois wage laws, and our Tinley Park wage and hour attorneys discovered an interesting overtime class-action in…

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