Chicago Business Litigation Lawyer Blog
Our Chicago automobile fraud and Lemon law attorneys near Wheaton and Oak Brook have experience representing victims of odometer rollbacks, title washing, fake or improper certifications of rebuilt wrecks and other used car scams. We bring individual and class actions suits for defective cars with common design defects and auto dealer fraud and other car dealer scams such as selling rebuilt wrecks as certified used cars or misrepresenting a car as being in good condition when it is rebuilt wreck or had the odometer rolled back. We also see cases where new car dealers conceal that the car has been in an accident while in their possession and even certified it as a certified used car warranted by the manufacturer as having passed a multi-point inspection or used car dealers who put duck tape in the back of the check engine light to conceal serious engine or emission problems. Super Lawyers has selected our DuPage, Kane, Kendall, Lake, Will and Cook County Illinois auto-fraud, car dealer fraud, and lemon law lawyers as among the top 5% in Illinois. We only collect our fee if we win or settle your case. We handle cases near Schaumburg and Lake Forest and throughout the Chicago area. For a free consultation call our Chicago class action lawyers at our toll-free number 630-333-0333 or contact us on the web by clicking here.
BankDirect, Inc. v. Capital Premium — Appellate Court Rules Injunction Should Have Terminated — Chicago emergency business injunction lawyers near Oak Brook and Naperville
When a contract between two loan servicing corporations contained a drop-dead date specifying that it could not be extended past June 2018, the district court erred in granting one corporation an injunction that kept the contract in force past the drop-dead date. The appellate court found that interpreting the contract as the district court did would have trapped one party in the contract with no way to extricate itself and that this outcome could not have been the intended outcome of the agreement.
BankDirect Capital Finance and Capital Premium Financing both participate in the market for loans to finance insurance premiums. In 2010, Capital Premium exhausted the line of credit that funded its operations. It approached BankDirect with a request for operating capital. BankDirect was willing to purchase the loans that Capital Premium made, and to pay Capital Premium to service those loans while they were outstanding, but it demanded a right to purchase Capital Premium’s business outright after five years.
Capital Premium agreed to the terms and the contract went into force in December 2010. The option to purchase could be exercised near the fifth anniversary. If BankDirect elected not to purchase Capital Premium, then either side could extend the term by notice given before Jan. 4, 2016; otherwise, the deal would wrap up on Jan. 31, 2016. Any extension could not exceed the contract’s drop-dead date, June 1, 2018, after which neither side would have any obligation to the other. Continue reading ›
Amendment to Illinois Wage Payment and Collection Act Requires Employers to Reimburse Employee Expenses — Chicago Employment and Wage Attorneys
Effective January 1, 2019, the Illinois Wage Payment and Collection Act (IWPCA), 820 ILCS 115/1 et seq., requires employers to reimburse employees for all “necessary expenditures” or losses that an employee incurs in the scope of their employment. Prior to the amendment, Illinois law generally did not require employers to reimburse employees for business expenses. Illinois is now the ninth state to impose such a reimbursement requirement on employers—joining states such as California, Iowa, and New Hampshire which have similar laws.
The IWPCA defines necessary expenditures as “all reasonable expenditures. . . required of the employee in the discharge of employment duties and that inure to the primary benefit of the employer.” In addition to the necessary expenditure requirement, for an expense to be reimbursable: (1) the employer must have “authorized or required” the expense; and (2) the employee must request reimbursement of the expense incurred along with all appropriate documentation validating the expense within 30 days of incurring the expense—unless the employer’s reimbursement policy provides for a longer period. The law specifically excludes the following types of losses from those that an employer is obligated to reimburse: (1) losses due to an employee’s own negligence; (2) losses due to normal wear; and (3) losses due to theft unless the theft was a result of the employer’s negligence. Continue reading ›
Odometer Roll Back Fraud is Everywhere — Chicago Auto Fraud Lawyers Near Evanston and Skokie
Our Chicago automobile fraud and Lemon law attorneys near Naperville, Wilmette, and Elmhurst have experience representing victims of odometer rollbacks, title washing, fake or improper certifications of rebuilt wrecks and other used car scams. We bring individual and class actions suits for defective cars with common design defects and auto dealer fraud and other car dealer scams such as selling rebuilt wrecks as certified used cars or misrepresenting a car as being in good condition when it is rebuilt wreck or had the odometer rolled back. We also see cases where new car dealers conceal that the car has been in an accident while in their possession and even certified it as a certified used car warranted by the manufacturer as having passed a multi-point inspection or used car dealers who put duck tape in the back of the check engine light to conceal serious engine or emission problems. Super Lawyers has selected our DuPage, Kane, Kendall, Lake, Will and Cook County Illinois auto-fraud, car dealer fraud, and lemon law lawyers as among the top 5% in Illinois. We only collect our fee if we win or settle your case. We handle cases near Evanston and Skokie and throughout the Chicago area. For a free consultation call our Chicago class action lawyers at our toll-free number 630-333-0333 or contact us on the web by clicking here.
Used Car Dealer Fraud — Chicago Auto Fraud Lawyers Near Oak Brook and Naperville
Our Chicago automobile fraud and Lemon law attorneys near Naperville, Elmhurst and Oak Brook have experience representing victims of odometer rollbacks, title washing, fake or improper certifications of rebuilt wrecks and other used car scams. We bring individual and class actions suits for defective cars with common design defects and auto dealer fraud and other car dealer scams such as selling rebuilt wrecks as certified used cars or misrepresenting a car as being in good condition when it is rebuilt wreck or had the odometer rolled back. We also see cases where new car dealers conceal that the car has been in an accident while in their possession and even certified it as a certified used car warranted by the manufacturer as having passed a multi-point inspection or used car dealers who put duck tape in the back of the check engine light to conceal serious engine or emission problems. Super Lawyers has selected our DuPage, Kane, Kendall, Lake, Will and Cook County Illinois auto-fraud, car dealer fraud, and lemon law lawyers as among the top 5% in Illinois. We only collect our fee if we win or settle your case. We handle cases near Geneva and Elgin and throughout the Chicago area. For a free consultation call our Chicago class action lawyers at our toll-free number 630-333-0333 or contact us on the web by clicking here.
Chicago AutoFraud Lawyers Handling Odometer Roll Back and Certified Used Car Fraud Victims in DuPage County
We represent consumers all over the Chicago Area in used car auto-fraud cases for odometer rollbacks and certified used cars which are in fact rebuilt wrecks. We have handled many of these cases and only obtain our attorneys’ fees out a settlement or judgment. Call us for a free consultation at 630-333-0333.
Forum Selection Provision – Mandatory or Permissive? Knowing the Difference Could Make the Difference in Commercial Litigation — Chicago Commercial Litigation Lawyers Near Naperville
Knowing where to bring a lawsuit and what state’s laws to apply can have a huge impact on the success of business litigation. Courts have developed extensive and complicated rules and procedures for determining where a lawsuit should be brought and which jurisdiction’s laws to apply, but that procedure is rarely simple or straightforward. Conflicts between the laws of two or more states can complicate the matter further. Agreeing in advance to jurisdiction and venue can provide certainty and save a great deal of time and money in the unfortunate event litigation does ensue. For this reason, companies often address in the contract itself how any disputes or litigation will be handled. A common example includes “forum selection” or “choice of venue” provisions, which identify a specific state (or even a specific county within a state) as the proper jurisdiction and venue for litigation.
Forum selection is a particularly important part of a contract when the parties are from different jurisdictions, especially when the laws of those jurisdictions differ significantly from one another. A forum selection provision gives a business the security of knowing that any litigation will take place in a familiar location applying a familiar set of substantive laws. However, a poorly worded forum selection provision may not provide the security hoped for as a recent opinion from Delaware’s Chancery Court in a partnership dispute case demonstrates. The case, In re Bay Hills Emerging Partners I, L.P., et al, involved the issue of whether a forum selection provision in a limited partnership agreement required all lawsuits to be filed exclusively in Kentucky. Continue reading ›
DiTommaso Lubin Continues its Partnership as One of Viriant’s Preeminent Law Firms as Part of a Nationwide Network to Stop Cyber Smears and Anoymous Postings Attacking Businesses and Professionals — Chicago Reputation Defenders and Internet Defamation Lawyers
DiTommaso Lubin is among a handful of leading lawyers from across the country picked as a member of Viriant’s nationwide network to protect companies, doctors, lawyers, accountants and other professionals from defamation on the cyber smears and internet defamation. We are excited to announce the continuation of our longtime partnership with Viriant.
DiTommaso Lubin has over thirty years of experience representing large and small businesses, and professionals such as lawyers in doctors in protecting their businesses from harmful online defamation and cyber smear attacks. We recently obtained a full retraction and apology for our large diamond wholesale client who was exposed to a sustained and targeted internet smear campaign. We filed libel per se suit against the perpetrator for $16 million and demanded the retraction and apology as a settlement term. You learn more about that suit here.
Rialmo and Former Drew Peterson Attorney Joel Brodsky Seeks to Overturn 7th Circuit Order Affirming $50,000 Sanction With Pro Se Brief Claiming Ineffective Assistance of Counsel
Rialmo and Former Drew Peterson Attorney Joel Brodsky seeks to overturn 7th Circuit Order Affirming $50,000 sanction with pro se brief claiming ineffective assistance of counsel.
You can read the pro se petition for rehearing here where Brodsky claims his sanctions hearing and appellate attorney allegedly caused him to incur the sanction award that may lead to his claimed financial ruin.