Articles Posted in Breach of Contract

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In an age where people are paying and utilizing services online, a certain standard which is regulated by law and expected by clientele needs to be met.  That is why when a man from Illinois has decided to sue an online service for paying monthly fees for a service which he is claiming had multiple inactive or dead profile accounts.

In the complaint which is filed in a Federal Court, the service repeatedly asked him pay between $9.99 and $19.99 per month to connect with users who “liked” his profile after the creation of a free account, upon which, he immediately began receiving messages from other users who had supposedly liked his profile. To learn the identities of those who had liked his account, however, the plaintiff was prompted to pay for a premium, or “A-List,” service. The plaintiff alleges that right after the payment of $44.99, he knew something was amiss. Shortly thereafter, upon reviewing the profiles of individuals whose identities were previously hidden, the plaintiff allegedly discovered that most if not all of these people were associated with inactive or ‘dead’ accounts, making interaction or dating impossible.

It is alleged that the actions constitute a breach of contract and violate both the Illinois Dating Referral Services Act and the Illinois Consumer Fraud and Deceptive Business Practices Act with potential to seek class-action status. Continue reading

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Producers are often viewed by the public as greedy opportunists who do little more than mooch off their artists, who are perceived as being ones who do the “real work.” But Quincy Jones, who produced some of Michael Jackson’s biggest hits, is now saying he was cheated out of millions of dollars he says the pop star’s estate owes him.

This is coming from a man who has already made millions off music and videos created by the music icon. Attorneys for Jackson’s estate tried to paint Jones as just another money grabber out for all he can get, but Jones and his attorneys painted a different picture. They accused the Jackson estate of deliberately misinterpreting the language of the contracts to avoid paying Jones his share of the profits. Continue reading

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Super Lawyers named Illinois commercial law trial attorneys Peter Lubin and Vincent DiTommaso Super Lawyers and Illinois business dispute attorneys Patrick Austermuehle and Andrew Murphy Rising Stars in the Categories of Class Action, Business Litigation, and Consumer Rights Litigation. DiTommaso Lubin Austermuehle’s Illinois business trial lawyers have over thirty years of experience in litigating complex class action, copyright, non-compete agreement, trademark and libel suits, consumer rights and many different types of business and commercial litigation disputes.  Our Waukegan and Evanston business dispute lawyers, civil litigation lawyers and copyright attorneys handle emergency business law suits involving copyrights, trademarks, injunctions, and TROS, covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely held businesses and employee breaches of fiduciary duty. We also assist businesses and business owners who are victims of fraud. You can contact us by calling (630) 333-0000 or our toll-free number (877) 990-4990.  You can also contact us online here.

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Super Lawyers named Illinois commercial law trial attorneys Peter Lubin and Vincent DiTommaso Super Lawyers and Illinois business dispute attorneys Patrick Austermuehle and Andrew Murphy Rising Stars in the Categories of Class Action, Business Litigation and Consumer Rights Litigation. DiTommaso Lubin Austermuehle’s Illinois business trial lawyers have over thirty years of experience in litigating complex class action, copyright, non-compete agreement, trademark and libel suits, consumer rights, shareholder freeze-outs, LLC member and shareholder disputes, partnership disputes, and many different types of business and commercial litigation disputes.  Our Wheaton and Naperville business dispute lawyers, civil litigation lawyers and copyright attorneys handle emergency business law suits involving copyrights, trademarks, injunctions, and TROS, covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely held businesses and employee breaches of fiduciary duty. We also assist businesses and business owners who are victims of fraud. You can contact us by calling (630) 333-0000 or our toll free number (877) 990-4990.  You can also contact us online here.

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Super Lawyers named Illinois commercial law trial attorneys Peter Lubin and Vincent DiTommaso Super Lawyers and Illinois business dispute attorneys Patrick Austermuehle and Andrew Murphy Rising Stars in the Categories of Class Action, Business Litigation, and Consumer Rights Litigation. DiTommaso Lubin Austermuehle’s Illinois business trial lawyers have over thirty years of experience in litigating complex class action, copyright, non-compete agreement, trademark and libel suits, consumer rights, shareholder freeze-outs, LLC member and shareholder disputes, partnership disputes, and many different types of business and commercial litigation disputes.  Our Schaumburg and Evanston business dispute lawyers, civil litigation lawyers and copyright attorneys handle emergency business law suits involving copyrights, trademarks, injunctions, and TROS, covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely held businesses and employee breaches of fiduciary duty. We also assist businesses and business owners who are victims of fraud. You can contact us by calling (630) 333-0000 or our toll-free number (877) 990-4990.  You can also contact us online here.

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Super Lawyers named Illinois commercial law trial attorneys Peter Lubin and Vincent DiTommaso Super Lawyers and Illinois business dispute attorneys Patrick Austermuehle and Andrew Murphy Rising Stars in the Categories of Class Action, Business Litigation and Consumer Rights Litigation. DiTommaso Lubin Austermuehle’s Illinois business trial lawyers have over thirty years of experience in litigating complex class action, copyright, non-compete agreement, trademark and libel suits, consumer rights and many different types of business and commercial litigation disputes.  Our Naperville and Schaumburg business dispute lawyers, civil litigation lawyers and copyright attorneys handle emergency business law suits involving copyrights, trademarks, injunctions, and TROS, covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely held businesses and employee breaches of fiduciary duty. We also assist businesses and business owners who are victims of fraud. You can contact us by calling (630) 333-0000 or our toll free number (877) 990-4990.  You can also contact us online here.

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If a new musical was a hit in places like Vienna, but can’t get the funding to start on Broadway, is it fair to assume it’s the fault of the producers or the publicist? Or is it just another case of bad luck in a notoriously difficult industry?

Producers Ben Sprecher and Louise Forlenza poured millions into getting their new musical, “Rebecca,” on the Broadway stage, but it looks now as if that will never happen.

The ill-fated musical, based on the gothic novel of the same name by Daphne du Maurier, first started experiencing problems when the producers put their faith in Mark C. Hutton, a stockbroker who promised Sprecher and Forlenza he would deliver investors. After Hutton claimed to have investors who would put $4.5 million into the project, the producers moved forward with their planning of the show without ever meeting any of the investors Hutton said he had lined up. Hutton then sent them a message saying one of the investors had died and all the money had been lost. It later came to light that none of the investors had ever actually existed and Hutton was arrested for committing fraud. Continue reading

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Super Lawyers named Illinois commercial law trial attorneys Peter Lubin and Vincent DiTommaso Super Lawyers and Illinois business dispute attorneys Patrick Austermuehle and Andrew Murphy Rising Stars in the Categories of Class Action, Business Litigation and Consumer Rights Litigation. DiTommaso Lubin Austermuehle’s Illinois business trial lawyers have over a quarter of century of experience in litigating complex class action, copyright, non-compete agreement, trademark and libel suits, consumer rights and many different types of business and commercial litigation disputes.  Our Elgin and Geneva business dispute lawyers, civil litigation lawyers and copyright attorneys handle emergency business law suits involving copyrights, trademarks, injunctions, and TROS, covenant not to compete, franchise, distributor and dealer wrongful termination and trade secret lawsuits and many different kinds of business disputes involving shareholders, partnerships, closely held businesses and employee breaches of fiduciary duty. We also assist businesses and business owners who are victims of fraud. You can contact us by calling (630) 333-0000 or our toll free number (877) 990-4990.  You can also contact us online here.

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Breach of Employment Contract (Non-Renewal Option): Assaf v. Trinity Med. Ctr., 696 F.3d 681, 685-86 (7th Cir. 2012)

As the Seventh Circuit articulated in Assaf v. Trinity Med. Ctr., 696 F.3d 681, (7th Cir. 2012), Illinois forbids a party in material breach of a contract from taking advantage of terms in that contract which benefit him. The Seventh Circuit stated: “the simple rationale behind the Illinois rule, a classic rule of contract law, is that a party should be prevented from benefitting from its own breach.” Assaf v. Trinity Med. Ctr., 696 F.3d 681, 686 (7th Cir. 2012).

In Assaf, the plaintiff-appellant, Dr. Bassam Assaf was terminated from his position as director of the epilepsy clinic at Trinity Medical Center in Rock Island, Illinois. Dr. Assaf then sued Trinity in Illinois state court. The case was removed from state court to federal court on the basis of diversity jurisdiction. Continue reading

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Any time a professional athlete’s name or likeness is used, there is usually money to be made. This is particularly true when a group of athletes have succeeded in making something very specific famous. The problem with using the athlete’s name or likeness in order to make money is the fact that the athlete is the sole owner. Therefore, any time that the likeness or name are used, the athlete must be informed and given a share of the profits.

Even those of us who are not football fans have probably at least heard of the “Super Bowl Shuffle”. It was a music video created by the six members of the 1985 Chicago Bears, also known as the “Shufflin’ Crew”. Now those members have filed a lawsuit claiming that the music video, which they say was intended to help families in need, has been used for non-charitable purposes without their permission.

The lawsuit alleges that the Super Bowl Shuffle rights owner, Julia Meyer, and Renaissance Marketing Corp., Meyer’s agent,” have marketed, distributed and sold licenses relating to the Super Bowl Shuffle Crew members’ identities, images, names, photographs, likenesses, voices and performances in the Super Bowl Shuffle without the Shufflin’ Crew’s permission.” The lawsuit further alleges that, since Red Label Records assigned its interest in the shuffle to Meyer’s husband in 1986, the defendants have benefited financially from the Super Bowl Shuffle without the consent of the plaintiffs.

The lawsuit was filed in Chicago on behalf of the six members of the “Shufflin’ Crew”, Richard Dent, Steve Fuller, Willie Gault, Jim McMahon, Mike Richardson, and Otis Wilson. However, Gault was the one who discovered that the music video was allegedly being misused and alerted the other members of the “Shufflin’ Crew” and now it looks like he might be the main plaintiff in the case. “I certainly put my name into [the lawsuit] because they made a whole lot of money off of us,” Wilson said in a statement. “Now that things are coming to light, I left it up to Willie to handle it. So I am 100 percent behind him. For my opinion, they used us and they made a lot of money and now is the time to pay up.”

Walid Tamari, a Chicago-based attorney who is representing the athletes in the current lawsuit, said that “The lawsuit provides that an important, and stated, objective of the Super Bowl Shuffle when it was produced in 1985, was to give back to Chicago’s neediest families”.

According to the lawsuit, the defendants allegedly either failed or refused to inform the members of the “Shufflin’ Crew” of the revenue that they had been receiving from manufacturing, advertising, sales, licensing and merchandising of the Super Bowl Shuffle. The lawsuit also alleges that the former football stars were also not made aware of the financial benefits received from the use of their likenesses, names, voices and performances, both in and out of the shuffle.
In order to ensure that something like this does not happen again, the lawsuit is seeking, among other things, the establishment of a constructive trust for charitable purposes that they select in order to continue the Super Bowl Shuffle’s charitable objective.

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