Illinois has two rules that can be used to dismiss cases which allows for more flexibility in defending some actions then in federal court where there is only one means to seek dismissal of an action. A Section 2-615 motion to dismiss and a Section 2-619 motion to dismiss under…
Choosing Lubin Austermuehle for business litigation offers several compelling advantages. Firstly, the firm is known for its commitment to achieving significant victories and effecting change for clients and the community. This dedication is reflected in the firm’s ability to deliver high-quality services with a level of personal attention that is…
In Illinois, tortious interference with contract and tortious interference with prospective business relations are two distinct torts with different pleading requirements. To establish a case for tortious interference with contract, the plaintiff must show the following [7]: 1) Existence of a valid and enforceable contract between the plaintiff and another…
Diversity of citizenship cannot be asserted merely on information and belief when it comes to the members of a Limited Liability Company (LLC). For diversity jurisdiction purposes, the citizenship of an LLC is determined by the citizenship of each of its members. A simple declaration of diversity of citizenship is…
“As is” and certain other non-reliance or purported exculpatory clauses under the common law, have not provided a defense against fraud in Illinois courts for decades. This is particularly important where, as in most automobile sales transactions, one party is unsophisticated, and the other party, like a used car dealer,…
In the realm of defamation law, the distinction between public and private figures holds significant weight. Public figures have a higher burden of proof when pursuing defamation claims due to their assumed access to media platforms and the assumed public interest in their lives or opinions. However, what happens when…
In the digital age, where information spreads rapidly across various platforms, businesses are susceptible to reputational harm through false statements or misleading information. Business libel, a form of defamation, can significantly impact a company’s reputation, credibility, and ultimately, its bottom line. Understanding what constitutes business libel and how to protect…
The duty of oversight, often referred to within the context of corporate governance, is a critical aspect of the responsibilities of a corporation’s board of directors. This duty is essentially the requirement that board members are attentive to and oversee the business and affairs of the corporation, including its compliance…
In today’s digital age, where information spreads at the speed of light and opinions are shared freely, libel, defamation, and internet slander have become increasingly common issues. When your reputation is at stake, it’s crucial to understand the complexities of libel law and the defenses available to protect your rights.…
In 2023, there were several significant developments in Illinois civil case law. The case of “PPP-SCH Inc. v. SVAP Hoffman Plaza, L.P.” clarified that a voluntary dismissal disposing of all remaining claims in a case makes appealable those orders preceding the voluntary dismissal that were “final in nature”. However, this…