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Articles Posted in Motions to Dismiss

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When a Failure to Deny an Allegation Constitutes and Admission – Kule-Rubin v. Bahari Group

A defendant’s failure to deny allegations in a responsive pleading to a complaint can serve as an admission of those allegations. In Kule-Rubin, et al v. Bahari Group, Limited, the U.S. District Court for the Southern District of New York granted the plaintiffs’ motion for judgment on the pleadings as…

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Does the Lanham Act Prohibit Allegedly False Claims of Authorship? – Gensler v. Strabala

Claims for trademark infringement and false advertising under the Lanham Act do not apply to allegedly false assertions of “authorship of a creative work,” according to the U.S. District Court for the Northern District of Illinois. In M. Arthur Gensler, Jr. & Associates, Inc. v. Jay Marshall Strabala, the court…

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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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The Illinois Securities Act of 1953 Does not Apply to Common Law Damages Claims for Breach of Fiduciary Duty by Sellers of Securities

As a Chicago law firm that focuses on business litigation, Lubin Austermuehle pays close attention to shareholder lawsuits filed in Illinois’ courts. Our Elmhurst business attorneys discovered a case filed in the Appellate Court of Illinois, First District, Fourth Division that answers questions regarding the appropriate statute of limitations to…

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Directors Are Not Liable for the Torts of Employees Unless Personally Involved, but Should Still Keep a Close Watch Over What Corporate Officers are Doing

There are hundreds of new cases filed in Illinois courts every day, and many of those cases involve business disputes. At Lubin Austermuehle, we pride ourselves on staying on top of new court filings so that we know of changes in the law as they happen. Our Waukegan business attorneys…

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Federal District Court Exercises Supplemental Jurisdiction Over Counterclaims Regarding Ownership of Employee-Created Farm Equipment Patents

Most companies encourage their employees to innovate and come up with ways to improve the processes, products, and service of the business. Such improvements may be patentable inventions, and it is important for business owners to establish who owns that intellectual property and protect any IP that accrues to the…

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Appellate Court Overturns Dismissal of Chicago Paramedics Unpaid Overtime Class-Action

Every day there are hard working people who are denied the overtime wages that they have rightfully earned. At Lubin Austermuehle, we have much experience representing those with unpaid overtime claims in class-action litigation. As such, we track the changes in the wage laws and are always looking out for…

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Illinois’ Franchise Act Does Not Require Manufacturers to Extend Contractual Agreements that Grant Exclusive Sales Territory

Lubin Austermuehle has clients that operate a variety of businesses all across the state of Illinois. While there are common laws and legal principles that apply to all companies and corporations, there are other Illinois statutes that apply to specific types of businesses. Our Elgin business attorneys came across Clark…

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Appellate Court Holds Mechanics Lien Pursuant to an Oral Contract Valid Under Home Repair and Remodeling Act

Many of us have had work done to our homes at some point, and sometimes difficulties arise during the course of such projects. Lubin Austermuehle is familiar with the legal issues that arise in such cases, and our lawyers are always concerned about protecting the rights of consumers. Universal Structures…

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