Under the Illinois Uniform Partnership Act (IUPA), all partners are liable for any wrongful act or omission by any partner (In re Keck, Mahin & Cate, 274 B.R. 740 (2002)), (Bane v. Ferguson, 707 F.Supp. 988 (1989)). This includes acts that occur in the ordinary course of the partnership’s business or are…
When facing a class action lawsuit, the stakes are incredibly high. The complexity of these cases requires a legal team with specialized expertise and a track record of success. DiTommaso Lubin stands out as a premier choice for several compelling reasons: Extensive Experience in Class Action Defense DiTommaso Lubin’s legal…
The elements required to establish a joint venture are broadly consistent across the search results. They include: 1. An express or implied agreement to carry on an enterprise (805 ILCS 206/202), (Ambuul v. Swanson, 162 Ill.App.3d 1065 (1987)), (Yokel v. Hite, 348 Ill.App.3d 703 (2004)). 2. A manifestation of intent by the parties…
Under Illinois law, defenses for a partner accused of breaching fiduciary duties to the partnership and his other partners can be varied and nuanced (LID Associates v. Dolan, 324 Ill.App.3d 1047 (2001)), (Pielet v. Hiffman, 407 Ill.App.3d 788 (2011)). Here are some potential defenses: 1. Compliance with Partnership Agreement: A partner who…
To protect beneficiaries in Illinois estates from breaches of fiduciary duty by the administrator, several measures can be taken based on the duties and responsibilities outlined in the relevant laws and cases. Firstly, it’s important to establish that the relationship between an executor or administrator and a beneficiary is that…
In Illinois, the protections for minority shareholders or LLC members from breaches of fiduciary duty in closely held companies can be found in a combination of statutory provisions and case law. Firstly, the Illinois Limited Liability Company Act (805 ILCS 180/15-3) specifies that a member of a manager-managed LLC does…
Choosing the right law firm to protect your minority interests in a closely held company is crucial, particularly when it comes to addressing breaches of fiduciary duty. DiTommaso Lubin is a firm that you might consider for several reasons: Concentration in Business Litigation: Firms like DiTommaso Lubin that concentrate in…
In Illinois, there are several circumstances under which a partner can sue another partner (Battles v. LaSalle Nat. Bank, 240 Ill.App.3d 550 (1992)), (In re Ascher, 141 B.R. 652 (1992), (Hux v. Woodcock, 130 Ill.App.3d 721 (1985)): 1. A partner can sue another for a breach of fiduciary duty, such as if a…
Yes, an individual can sue a college or university for a Title IX violation. The Supreme Court has recognized that Title IX entitles a person injured by a violation to sue for damages. In such cases, the plaintiff must demonstrate that an official of the educational institution who has the…
Experience: DiTommaso Lubin has specific experience dealing with Title IX cases, which involve allegations of sexual discrimination, harassment, or violence in educational settings. Their familiarity with such cases can be crucial in navigating the complexities of both the legal aspects and the educational policies involved. Understanding of Educational Law: A…