Articles Posted in Business Disputes

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 not enough. The court needs to understand the identity and citizenship of each member. In case any member is an unincorporated association, such as an LLC or partnership, the citizenship must be traced through all layers of ownership to ensure no member shares a common citizenship with the opposing party.

Merely claiming that all members are citizens of a certain state or that no members are citizens of a certain state is insufficient. It is also not enough to claim that an LLC was organized under a specific state’s laws, maintains its principal place of business in a certain state, or that an LLC has a parent corporation. The citizenship of an LLC must be proven by underlying facts, not merely alleged on information and belief. If the members of an LLC have members, the citizenship of all those members must also be set forth. Continue reading ›

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 However, this ruling was later modified and superseded on denial of rehearing by the same case.

In “Disability Services of Illinois v. Department of Human Services”, the court allowed the transfer and consolidation of a civil rights case and an administrative review case for the sake of convenience and efficiency due to the similarity of legal and factual issues in both cases.

“Wilson v. Estate of Burge” highlighted that claims under Illinois law for intentional infliction of emotional distress and civil conspiracy were subject to a one-year statute of limitations under the Illinois Local Governmental and Governmental Employees Tort Immunity Act. Furthermore, the court found that a suspect who was wrongfully convicted based on a confession procured by torture, sufficiently pleaded that an assistant state’s attorney engaged in extreme and outrageous conduct, as required to state a claim for intentional infliction of emotional distress.

The “City of Chicago v. SBR Revocable Living Trust” case was notable for the dismissal of an appeal as moot due to a subsequent order.

Additionally, the court’s interpretation of jurisdiction in “In re K.F.” gave clarity on appeals from final judgments in civil cases and cases arising under the Juvenile Court Act. In “Hernandez v. Illinois Institute of Technology”, the court provided guidance on how to apply Illinois law to unprecedented circumstances like the disruption of traditional university operations caused by the COVID-19 pandemic.

Finally, “Doe v. Burke Wise Morrissey & Kaveny, LLC” resulted in the reversal of an appellate court judgment and affirmation of a circuit court judgment, demonstrating the Supreme Court’s role in shaping Illinois civil case law. Continue reading ›

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You’ve probably already heard of Alex Jones, but if you haven’t, or you need a refresher, he’s the right-wing conspiracy theorist who has used his media company, InfoWars, to promote the idea that the Sandy Hook Elementary School shooting was a giant hoax created and promoted by anti-gun activists. Among other things, Jones claimed the grieving families and survivors of the massacre were “crisis actors” who were paid to lie about the mass shooting.

Jones has built a huge following, and many of them believe his lies. Many of his listeners even reached the point of actively seeking out Sandy Hook survivors and the families of those slaughtered, threatening and harassing them for their alleged lies.

The families sued Alex Jones for defamation and were collectively awarded $1.1 billion in damages.

Soon after that ruling, Jones filed for Chapter 11 bankruptcy, which would have allowed him to restructure his business and potentially avoid paying the money he owes those families.

A judge recently ruled that Jones could not use bankruptcy as a means to avoid paying the $1.1 billion payments. The families took this as a victory, but Jones says he isn’t done fighting.

Jones’s net worth was valued at $14 million, yet he claims he has no money. He says he is $1 million in debt, and that the millions of dollars generated by his media company go to pay the bills, making the $1.1 billion ruling hypothetical. He also says he will continue to appeal the decision.

Meanwhile, he is asking his listeners to make donations to help him pay his legal bills. But those bills and the huge ruling against him have not stopped him from spending close to six figures in one month, much of it on lavish meals and entertainment. Continue reading ›