Chicago Business Litigation Lawyer Blog
Paramount Pictures holds the copyright to Klingon, spoken by some characters in “Star Trek.” A group called the Language Creation Society says that’s not right. The Hollywood Reporter says the group sued saying Klingon is a real language, Paramount can’t copyright it any more than it could English or Chinese. Paramount has been forced to defend itself by arguing that Klingon is fake and therefore in reality useless. Continue reading ›
Estate Battles Turns on the Meaning of the Phrase “Survivors” — Chicago Contested Probate Estate Lawyers — Chicago Will Contest Attorney
An interesting recent Illinois appellate court decision from the First District addressed who may inherit from a testator’s estate when one of the named beneficiaries dies before the testator, with the outcome turning on the meaning of “survivors” as written in the will. Albert Lello, who passed away in 2012, drafted a will leaving his entire $8.2 million estate to his wife and two sisters “in equal shares, or to the survivor or survivors of them.” One sister, Virginia H., predeceased him by seven months. Her four children argued that “survivors” referred to them as the survivors, or heirs, of one of Albert’s named beneficiaries, and they should inherit what would have been her one-third share. The Cook County probate court and First District appellate court disagreed, siding with the two surviving beneficiaries, Albert’s widow and sister Rita S., who argued that the will unambiguously created a class gift that could only be inherited by surviving members of that class.
In 2013, Virginia’s children filed a petition for construction of the will, alleging that Albert would have intended them to inherit Virginia’s share because of the close relationship they shared with him and the fact that he had no children of his own, and that ambiguity in the will as to the “survivors” language should be construed in their favor under state laws of intestate succession. After further motions by both sides, the probate court entered an order finding the will unambiguous as a matter of law. Continue reading ›
Carmax Caught by 20/20 Selling Used Cars With Pending Safety Recalls
Our Chicago automobile fraud and Lemon law attorneys near Schaumburg, Hoffman Estates and Elk Grove Village have experience representing victims of odometer roll backs, 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 accident while in their possession or used car dealers who put duck tape in 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. 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.
NPR Reports: Uber Settles 2 Lawsuits Over Whether Drivers Are Employees Or Contractors?
Uber has agreed to settle two class-action lawsuits brought by its drivers. One was started in Massachusetts, the other in California, where drivers sued to be considered employees eligible for benefits and not just independent contractors. Under the settlement, they do remain contractors, but Uber will pay up to $100 million to be shared by as many as 385,000 drivers.
Our Maywood, Joliet and Berwyn wage and hour attorneys and unpaid overtime lawyers and attorneys are intimately familiar with the issues that arise during wage claim litigation, and we know the laws that govern overtime cases well. Many employers misclassify employees as being exempt from overtime laws and pay workers salaries instead of hourly wages in order to avoid paying them overtime. Some employers mistakenly classify employees as exempt and others intentionally do so in order to circumvent the law. In either case, workers do not receive the wages they should, and a lawsuit may be the only way to recover their earned wages. We represent call center workers who are forced to work overtime but are not paid time and half wages.
Nationwide Consumer Rights is based in Chicago and Oakbrook Terrace. We represent clients throughout the country who have not been paid for the overtime hours that they worked. If you believe that you are owed overtime wages, contact one of our Chicago class action attorneys by phone at 630-333-0333 or through our online form.
7th Circuit Refuses to Enforce Arbitration Agreement and Class Action Waiver Because Consumer Never Agreed to it Via Online Form
Any time you do anything online, even it’s just visiting a website, you usually have to agree to the company’s Terms of Service. Because these documents can be pages long and we live in an increasingly time-crunched world, very few people actually read the Terms of Service before checking the “Agree” box. Sometimes this lack of diligence gets people into trouble, but depending on how it’s presented, it could be the company that gets into trouble.
When Gary Sgouros filed a proposed class action lawsuit against TransUnion Corp. for allegedly providing worthless credit scores, the company tried to have the dispute sent to arbitration in accordance with the arbitration agreement contained in its Terms of Service.
Sgouros had paid almost $40 for the credit report in 2013 in the hopes of using it to help him negotiate a loan on a new car he was looking to purchase. But the score provided by TransUnion was higher than the number provided to the car dealership by at least 100 points. Sgouros argues this made the credit score he paid for effectively worthless.
In 2014, Sgouros filed the proposed class action lawsuit in Illinois federal court on behalf of himself and all other similarly situated consumers across the country who purchased a credit score from TransUnion any time since 2012. Sgouros is also seeking to represent a subclass of TransUnion customers in Missouri, his home state. Continue reading ›
Volvo Sued in Class Action Over Claims that Mileage Promises Were Overblown for Electric Cars
Electric cars are still a relatively new phenomenon. They started a few years ago with hybrid cars that used both gas and electricity, but some vehicle manufacturers are starting to claim consumers can drive their cars for miles using just the electric battery. Although they’ve been put through lab testing at the manufacturers, there has been little testing done to see how those results hold up in the real world. Consequently, vehicle manufacturers and marketers need to be very careful about the promises they make to their consumers when advertising their new technology.
According to a recent consumer class action lawsuit against Volvo Cars of North America LLC, the car company claimed that its new XC90 T8 could drive up to 25 miles on a full electric charge, but Xavier Laurens argues that is not actually the case.
Laurens paid an extra $20,000 when he preordered his new hybrid car from Volvo in order to save money on gas and limit his carbon footprint. Based on Volvo’s advertising of the vehicle, Laurens believed he would be able to use his new car to commute to and from his job in Chicago without using the gasoline engine, but the vehicle allegedly did not live up to the expectations set by the manufacturer. Continue reading ›
More Arbitration Agreements Blocking Class Actions in Certain Settings May Soon Be Banned
Consumer advocate groups have long been saying the inclusion of arbitration agreements in all sorts of contracts, from cell phone agreements to student loan contracts, unfairly benefits corporations while harming consumers. Corporate advocates claim consumers also benefit from these arbitration agreements, which has turned the argument into a bit of “he said/she said” issue, but the Consumer Financial Protection Bureau (CFPB) might be able to put the issue to rest.
The bureau published a report in March 2015 that found that mandatory arbitration clauses benefit companies while harming consumers.
An arbitration clause is an agreement included in a contract that states any dispute between the parties will take place in arbitration, rather than in a court of law. Arbitration is handled by private, for-profit arbitration companies, does not provide an explanation for the ruling, and it prohibits appeals and class actions. Because arbitrators are companies that are in business to make money, they’re not always as neutral as court judges. Although there are some arbitration companies that have a reputation for being fair and unbiased, most of them can be influenced by clients that bring in a lot of business for them, even if they’re not consciously aware of this bias.
Arbitration was designed as a way for businesses to handle disputes between themselves without crowding the courts, but in recent years companies have abused the option for arbitration by including clauses in their contracts with their customers and employees that force all disputes into arbitration. It’s hard enough for an individual to get a fair trial in the courts when fighting a large corporation with vast resources, but the arbitration system makes it considerably more difficult for individuals to get a fair hearing. Continue reading ›
FTC Cracks Down on Used Car Dealer Fraud — What are the Latest Scams?
Our Chicago automobile fraud and Lemon law attorneys near Evanston and Lombard have experience representing victims of odometer roll backs, 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 accident while in their possession or used car dealers who put duck tape in 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. 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.
Class Action Filed Against P&G Due to Alleged Serious Skin Rashes From Old Spice
The recent natural movement that has led many people towards organic foods has spread to other areas of our everyday lives. Many people now reach for organic soaps and moisturizers as well as local, organic produce.
Deodorant in particular has seen an increased demand for natural options, especially since claims arose years ago that conventional deodorant is linked to cancer. The validity of those claims is still up for debate, but what many customers of Old Spice say is not up for debate are the severe rashes and burns they’ve allegedly received as a result of the company’s various deodorant products.
According to a recent consumer class action lawsuit against Procter & Gamble, the company’s Old Spice deodorant products have left serious rashes and chemical burns on hundreds, maybe even thousands, of customers. The class action lawsuit was filed in March and is seeking $5 million in damages. Continue reading ›
McCartney Takes Steps to Recover Copyright in Beatles Songs
Most copyright laws in the United States come with a time limit. In the case of music, publishing rights can be recaptured after 56 years for any music that was written before 1978. For songs written after 1978, one only has to wait 35 years before the publishing rights can be recaptured.
The ability to recapture the publishing rights to older music certainly makes a strong case for living a long life, something musicians seem to be less likely to achieve the more successful they are. Nevertheless, Paul McCartney is one of the few original rock stars to live long enough to reclaim the publishing rights to some of his most famous songs.
According to Billboard, McCartney has begun taking steps to reclaim the publishing rights of some of the most famous songs he wrote and performed when he was with The Beatles. McCartney is not seeking the rights to all of the songs The Beatles are known for, since many of them were written or co-written by John Lennon. According to documents filed with the U.S. Copyright Office in December, McCartney is seeking to reclaim the publishing rights of 32 of the famous band’s songs. Continue reading ›