Articles Posted in Breach of Contract

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Storms weather and can bring about the best and worst in people.  When damage occurs, the test of resilience, character, friendship and trust are all evaluated.  The process is not any easier when there is an Insurance company that one has to deal with and when there is the lurking possibility that they are handling thousands of claims at the same time.  All damages are subject to scrutiny, including the damage that takes place after storms.  Disputes arise in the context of property damage and to its extent. This firm is willing to assist as an All-American firm working for its citizens.  In the doing of so, we write and will consider assistance via phone if necessary.  Not all are easily able to navigate as emotions such as shock are still being overcome.

The competing interests that an insured and insurer have in the filing of a claim also makes it more painstakingly difficult.  Some perceive the insurance claims process as adversarial.  The insurance representative cannot guide to what is best in representation on the matter. This is since Insurance companies appear to be in a Business.  As such, the expectation to be fairly compensated is questionable.  While many pay on time and premiums it does not mean that what you give is what you will get back.  At times, adjusters may become overwhelmed in working on multiple cases that are catastrophic in nature and make mistakes or overlook damage.   That is why having an attorney best helps.   For those reasons, we have compiled a list of items that should be attended prior to discussing a case with an attorney or Insurance company.

Please ensure compliance with the following:

  1. By making a timely reporting of claim, as a failure to do so may result in its denial. This can normally be done via phone or online.  The claims process normally begins at this point: initial contact with the insurance company, an evaluation of your claim, negotiations, and a resolution/settlement.  At this point, an adjuster is normally assigned.
  2. Documentation of all video and photos of the damage, if possible.  It would even be better if those included prior and after.  Possible electronic receipts of any purchases made.
  1. The obtaining of independent quotes by contractor receipts in putting a price on the extent of the loss.  These may be challenged or questioned by the Insurance company, but are a good start and utilizing them may assist you in deciding whom you wish to use for the final repair.  Sometimes, supplements are required for damage that is hidden.  If disputed, the burden of proof can then move from the insurance company to the insured if the contractor estimate does not reflect the true damage sustained.

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Patent licenses can mark the beginning of a fruitful relationship for both the patent owner and the licensee, but patent owners that focus only on the instant deal, waste time trying to pocket a little more money and draft a vague agreement may wind up going from the bargaining table to the courtroom.

Just recently, a major technology group involved in the production of cell phones has dropped two patent infringement lawsuits based on a new patent license agreement that has been entered into which continues the making of payments from the one company to the other.  At the time of the dispute, it was alleged that multiple patents were being used without permission and the patent pertained to the proprietary technology in commercial mobile devices.

The agreement has an ongoing agreement between the companies, so as to ensure that the payments do not stop.  Settlement was contingent upon withdrawal of litigation and the reaching of terms by which both parties could agree.  The financial structure of the terms ensured that this would be the case.   As the terms were reached privately, it was a matter of complete confidentiality.  The fact that this occurred, perhaps, changes the way in which other litigation can be viewed.  Attorneys may now suggest that new terms of agreement be reached prior to even filing suit, unless, of course, sometimes filing suit becomes strategy to bring an opposing party to settlement terms when a compromise situation seems unlikely.  Continue reading

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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.