In Thomas v. Wilbert & Sons, LLC, Louisiana’s First Circuit Court of Appeals tackles the tricky situation in which two or more certified classes are combined for trial. While such a scenario can be procedurally complicated, the basic class certification principles – including that a court considering class action certification…
Chicago Business Litigation Lawyer Blog
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.…
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 DiTommaso Lubin, our Elgin business attorneys have handled many commercial…
Business Owners Beware, Make Sure Your Employment Agreements are Clearly Written and Reasonable
Every business has employees, and as business litigators, the attorneys at DiTommaso Lubin 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…
Appellate Court Applies 10 Year Statute of Limitations in Construction Indemnity Case
DiTommaso Lubin 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…
Illinois Appellate Court Dismisses Lawsuit Between Truck Manufacturer and Franchisee
DiTommaso Lubin 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…
Federal Court Indicates Equitable Tolling Only Available in FLSA Cases When There is Evidence of Deception by Defendants
DiTommaso Lubin handles wage and hour class action litigation on a regular basis, and many of our clients’ claims are based upon violations of the Fair Labor Standards Act (FLSA). Our Schaumburg unpaid overtime attorneys were interested to see a recent class-action brought by restaurant workers alleging violations of the…
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 DiTommaso Lubin 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…
The Commonality and Numerosity Requirements in Missouri Class Action Certification – Doyle v. Fluor Corp.
“Commonality” and “Numerosity” are two of a handful of factors that most courts consider in deciding whether to allow a toxic dumping lawsuit to proceed as a class action. In Doyle v. Fluor Corp., a Missouri appellate court explains these requirements and how they should be applied in a particular…