Once again the issue of what is required to certify a class for class-action litigation has been battled in court. In this case it went up to the Montana Supreme Court, which sided with the plaintiffs and agreed to certify the class. The case involves several property owners along…
Articles Posted in Best Business And Class Action Lawyers Near Chicago
Clawing Back Profits From A Ponzi Scheme — What is the Law?
https://www.youtube.com/watch?v=VbW2cj_k_WE To learn more about our qui tam and whistle blower practice click here. DiTommaso Lubin’s Chicago business trial lawyers have more than two and half decades of experience helping business clients on unraveling complex business fraud and breach of fiduciary duty cases. We work with skilled forensic accountants and…
Retired Supreme Court Justice Stevens Discusses Bush v. Gore
Justice Stevens conducted a detailed analysis of Bush v. Gore, finding it hard to square with the Court’s reticence to date to view partisan gerrymandering as justiciable: If a mere defect in the standards governing voting recount practices can violate the state’s duty to govern impartially, surely it must follow…
Illinois Court Shoots Down Unreasonable Noncompete Agreement – Peerless Industries, Inc. v. Crimson AV, LLC.
In Peerless Industries, Inc. v. Crimson AV, Llc., the Northern District of Illinois makes clear that while noncompete agreements may be valid and enforceable in Illinois, the terms of an agreement must nevertheless be reasonable. Plaintiff Peerless Industries Inc. is an audio-visual mount equipment manufacturer that does business around the…
Class Action Lawsuits for Water Contamination – Osarczuk v. Associated Univs. Inc.
Toxic contamination class actions often include claims by plaintiffs asserting a whole host of problems, from serious health and medical conditions to wide-scale property damage. In Osarczuk v. Associated Univs. Inc., the New York Supreme Court for Suffolk County considered the additional economic damages caused when drinking water is contaminated.…
Injunctive Relief for the Breach of a Noncompete Agreement in Illinois – EBN Enterprises, Inc. v. CL Creative Images, Inc.
A noncompete agreement typically protects a business that discloses confidential information or business practices to another business or individual from having that information later used against it in competition. Such agreements are generally enforceable and even standard in a wide variety of industries. However, just because a business can prove…
Class Action Certification in Toxic Pollution Cases: It’s Not Whether You Will Win or Lose, but How You Will Play the Game – Price v. Martin
A recent ruling out of Louisiana makes clear that in determining whether a group of plaintiffs in a toxic contamination case should be permitted to bring their claims as a class action, the question is not whether the plaintiffs can ultimately win the case, but whether they’ve simply met the…
Retraction Regarding a Misunderstanding as to Blog Post on Janowiak v. Tiesi
Our Blog contained a post regarding the Illinois Appellate case Janowiak v. Tiesi. The post described the allegations in the pleadings recited in the Appellate Court opinion. Our blog writer at Justía did not intend and the post did not describe the facts of that case as anything other than…
Illinois Noncompete Agreements 101 – Nortek Products Ltd v. FNA Group, Inc.
The District Court for the Northern District of Illinois’ recent opinion in Nortek Products Ltd v. FNA Group, Inc. provides a basic overview of how courts consider whether to enforce the terms of a noncompete agreement. Plaintiffs began manufacturing pressure water products for Defendants in 2003. Five years later, the…
LLC Operating Agreement Arbitration Clauses are Only Enforceable Against Those Party to the Agreement
As a firm of Chicago and Orland Park business attorneys, DiTommaso Lubin handles litigation for companies in a wide range of industries. Our Schaumburg business lawyers recently came across a case from St. Clair county that is of interest to LLC’s and those businesses who include arbitration clauses in their…