As the popularity of covenants not to compete increases, the competitive practices which are prohibited by those agreements also seem to grow. However, there are laws in place which ensure that covenants not to compete that are deemed too stringent cannot be upheld in a court of law. One of…
Chicago Business Litigation Lawyer Blog
Consumers Beware — Don’t Contract Away First Amendment Rights to Give Negative Reviews of Businesses
Our Chicago defamation, slander, libel, cyberbullying and First Amendment attorneys concentrate in this area of the law. We have defended or prosecuted a number of defamation and libel cases, including cases representing a consumer sued by a large luxury used car dealer in federal court for hundreds of negative internet…
US Supreme Court Agrees to Hear Securities Fraud Class Action and to Consider Fraud on the Market Damage Theory
Class action status is an important tool for plaintiffs in many different types of lawsuits. It gives plaintiffs strength in numbers when filing lawsuits against large corporations. It also allows plaintiffs to collect claims which would normally be too small to justify filing a lawsuit if the plaintiff were…
7th Circuit Affirms Dismissal of Consumer Fraud Claims Against Wachovia
While lawsuits have become increasingly common in today’s society, they have grown no less costly. Because of the cost and time consuming nature of lawsuits, plaintiffs should be advised to thoroughly consider every line of their contracts, as well as the law, before taking a person or company to…
NCAA Loses Injunction Ruling in Class Action Regarding Use of Player Images in Video Games
Generally, when filing a lawsuit, the plaintiff has one of two aims: to reap payment for damages incurred; or for the court to order an injunction against the defendant. Many plaintiffs seek both. In the current case against the NCAA regarding the rights of student athletes, the plaintiffs have…
HSBC Hit With $2.5 Billion Class Action Judgment
Some companies might want to make sure to be very careful before making large acquisitions. Otherwise they might find themselves fighting a legal battle for something the company being acquired did years ago. Such is the case for HSBC Holdings Plc, a British bank, which has recently been hit…
Court Rejects Volvo’s Motion to Decertify Class Action Involving Sun Roofs That Leaked Due to a Defective Design
With the Supreme Court make the criteria for class certification more stringent, cases are still getting certified in the consumer protection and fraud area for products with common design defects. In a recent case against Volvo, a class action of consumers has been certified for a lawsuit against the…
Arizona Court Finds Arbitration Clause Unconscionable
An arbitration clause is a part of a contract which requires that any dispute between the parties be handled in arbitration, rather than trial courts. An increasing number of companies are implementing these clauses and requiring everyone from their employees to their customers to sign them. The goal is…
New Jersey Supreme Court Requires Mediated Settlement to be in Writing
While courts usually use the law to determine who has the right in a case, supreme courts can sometimes use a case as motivation to create new laws or to modify existing laws. In a recent case, the New Jersey Supreme Court did both of these things. The case, Willingboro…
Johnson & Johnson Pays to $2.2 Billion to Settle Whistle Blower/Qui Tam Fraud Lawsuit
Johnson & Johnson and its subsidiaries have agreed on Monday to pay over $2.2 billion to resolve criminal and civil allegations of promoting prescription drugs for uses not approved as safe and effective by the Food and Drug Administration – which was first brought to light by a Chicago-area…