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Articles Posted in Motions to Dismiss

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Northern District of Illinois Federal Court Dismisses Double Derivative Shareholder Action Due to Lack of Parent / Subsidiary Corporate Relationship

Members of the board of directors of a corporation have the responsibility to orchestrate the business in such a way that is advantageous to the shareholders and the continued growth and prosperity of the company. However, there are times when those directors may act in a way that serves their…

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Settlement Agreements With Former Employees Containing Broad Release Language May Prevent Subsequent Qui Tam Actions

No matter what kind of business you own and operate, an unfortunate part of running a company is the inevitable employment disputes with employees. Whether it is an action over wages, job duties, or other issues, many business owners will find themselves in court opposite a current or former employee…

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Northern District of Illinois Grants Motion to Dismiss in Trade Secrets Case Due to Lack of Personal Jurisdiction

After hiring someone, businesses expect not only that their new employee will perform his job adequately, but also that he will do no harm to the company or its ability to do business. Employers know that their expectations are not always met by those employees, which is why the use…

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Court Rules that Expiration of Public Transit Passes is Legal

Lubin Austermuehle prosecutes consumer protection class-action lawsuits on a regular basis, and in order to best serve our present and future clients, we are always mindful of new Illinois cases in the field. Howard v. Chicago Transit Authority is a consumer rights decision from the Appellate Court of Illinois that…

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Employers Should Ensure They Have Adequate Evidence Before Filing Suit Against Former Employees

Most employers at some point will face the prospect of an employee failing to perform their job adequately. Additionally, some employees breach fiduciary duties owed the company or commit fraud and other harmful acts during the course of their employment. Hytel Group, Inc. v. Butler is a recent case out…

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Northern District of Illinois Federal Court Grants Motion to Strike Plaintiff’s Request for Injunctive Relief in Breach of Contract Case

Lubin Austermuehle has successfully litigated many business disputes, and in our many years of experience we have found that contract claims are among the most contentious conflicts. Because so many of our clients deal with breach of contract issues, our Elmhurst business attorneys are always mindful of new court decisions…

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Northern District of Illinois Rules that State Law Overtime Claims Not Precluded by Prior Dismissal of FLSA Class-Action

When dealing with class-action wage and hour disputes, defendants will try to get the court to dismiss claims by any means that they can, and there are a variety of legal defenses that allow them to do so. At Lubin Austermuehle, our overtime lawyers are familiar with all of the…

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Southern District of Illinois Federal Court Dismisses Minimum Wage Claim for Failure to Plead Sufficient Facts

A motions to dismiss is a weapon that is frequently used in large scale wage claim litigation, as it is an easy and expedient way for defendants to eliminate many lawsuits. Lubin Austermuehle is an experienced class-action law firm whose Chicago wage and hour attorneys frequently handle overtime disputes, and…

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Hardship to Former Employee Should Be Considered Outside Motion to Dismiss, First District Rules

  A First District Court of Appeal ruling had an interesting lesson for our Chicago noncompete clause attorneys. In Baird and Warner Residential Sales Inc. v. Mazzone, No. 1-07-2179 (Aug. 15, 2008), the First ruled that a trial court needed more evidence in a dispute about a covenant not to…

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Restrictive Covenant Does Not Apply to Shopping Center Lease, Fourth District Decides

  As Chicago business trial attorneys with substantial experience in disputes involving shopping centers, our firm was interested to see a recent Fourth District Court of Appeal decision allowing a shopping center to go through with its lease despite a restrictive covenant in a land sale by its predecessor. In…

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