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Peter S. Lubin, Patrick D. Austermuehle, and Andrew C. Murphy recognized by Illinois Super Lawyers 

Peter S. Lubin have been selected as 2016 Illinois Super Lawyers in the areas of Business Litigation and Class Action Law. No more than 5% of attorneys in Illinois receive this honor each year. This marks the sixth straight year both co-founders of DiTommaso Lubin have been selected for this honor.

Two additional DiTommaso Lubin attorneys, Patrick D. Austermuehle and Andrew C. Murphy, have been selected as Illinois Rising Stars for the second straight year in the areas of Business Litigation and Class Action Law. Rising Stars are selected from attorneys under the age of 40 who have been practicing for less than 10 years. No more than 2.5% of Illinois attorneys are selected by the research team at Super Lawyers to receive his honor each year.

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Companies have long been arguing that arbitration agreements are in the best interests of everyone involved, even when it seems pretty clear they only benefit the large corporations implementing and enforcing those agreements. District and federal courts across the country have been upholding all sorts of arbitration agreements between companies and their customers, even though the Federal Arbitration Act (FAA) was only intended for arbitration to be used as a means to settle disputes between businesses, not between businesses and individuals.

Because arbitrators work for for-profit companies, the outcome often is not objective when the arbitrator is under the thumb of the company. There are arbitration companies that have a reputation for being fair and objective, but when an arbitration agreement gives the company the right to choose the arbitrator (as these agreements sometimes do), the company is free to choose an arbitrator they feel confident will rule in their favor. If a company brings a lot of business to an arbitration company, the arbitrator may be influenced by that fact without even realizing it. Arbitration in many instances offers no explanation for a ruling and no opportunity to appeal the decision. Companies sometimes choose legal regimes that are unfair to consumers. Continue reading ›

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If something is frequently discussed in public, does that warrant posting a video of it online for everyone with access to a modem to see? According to Terry G. Bollea, better known as Hulk Hogan, it does not.

Bollea has talked frequently and publicly about his sex life, but he apparently feels that talking about something and showing it are too very different things. While it has been his choice to talk openly about his sex life, it was not his choice to post online a sex tape involving himself and Heather Clem, the wife of Bollea’s former friend.

The news site Gawker received the video footage from an anonymous source and posted clips of it on its website, along with a full description of everything that happens in the full 30 minutes of video. The events were allegedly recorded via a security camera and without Bollea’s knowledge or consent.

Bollea blames his former friend, who had his name legally changed to Bubba the Love Sponge Clem. Clem had the tape made and kept it in his office. He claims the tape was stolen from his office and no one seems to know how it got into Gawker’s hands. Continue reading ›

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The Internet has changed the way everyone does business. A lot of companies that used to rely on professional reviews and/or word of mouth to spread news about their business now have to deal with online reviews. Multiple sites exist for consumers to post reviews of just about any business and Yelp is one of the most popular review sites.

These sites make it easy for consumers looking to try a new restaurant, hotel, gym, etc., especially consumers who are new to the area. All they have to do is perform a quick search of local businesses on Yelp and the site will provide the average rating users have given that business. Users can then scroll through to see individual ratings and what each reviewer had to say about the business.

These reviews have proven problematic for many companies, since most consumers only take the time to post a review if they’ve had a really great experience or a really bad experience, which can skew the results of the average review. Despite the issues this has caused for many businesses, some have handled it better than others. Continue reading ›

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As more and more companies use non-disparagement clauses in their Terms of Service and other contracts with their consumers, it can feel to customers like they have no outlet to talk about their negative experiences with certain businesses. Congress has proposed a bill called the Consumer Review Freedom Act, which would prohibit companies from retaliating against consumers who leave negative reviews, but the law is slow to catch up with technology. Fortunately, there are other ways to deal with these non-disparagement clauses without resorting to the courts.

Review sites such as Yelp, Angie’s List, and Trip Advisor can take the initiative and help punish businesses who have been known to prohibit customers from posting negative reviews. Yelp will take down any reviews that have been posted by anyone who was not a consumer or did not have a direct experience with the specific business being reviewed, but that doesn’t always help consumers and there’s more that can be done.

Angie’s List has a “penalty box” in which businesses that do not sufficiently respond to consumer complaints get excluded from category and keyword searches. Only users of the site who know the name of the business can find it, which can seriously injure the business by preventing potential new customers in the area from finding it. Many businesses depend on consumer review sites such as Angie’s List and Yelp, so by making it more difficult for potential customers to find them, the sites can provide a serious incentive for businesses not to try to mess with their consumers’ reviews. Trip Advisor also has a penalty sign it displays on pages where it has detected instances of possible fraud. Continue reading ›

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Consumer Reports video discusses used cars with known problems to avoid purchasing.  Used Car Dealers also engage in various scams to cheat buyers.  When that happens we are there to protect your rights.

 

Our Chicago car fraud and Lemon law attorneys near Wheaton, Roselle and Carol Stream 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, is a flood vechicle 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.

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Arbitration agreements have been sneaking their way into all sorts of contracts, from employment contracts to loan agreements. Originally intended to allow businesses or parties to settle complex disputes between themselves more efficiently, many companies have perverted their use so that they can require arbitration whenever anyone at all has a dispute with them, even individual employees or consumers over relatively small amounts of money or in situations where courts are much better suited to resolve the disputes.  The Courts honor freedom of contract principles and allow for enforcement of arbitration agreements so businesses are using them frequently.

Arbitration agreements can have a number of drawbacks for plaintiffs. The first is that they don’t allow class actions, which means individuals with small claims against a company have no way of combining their claims with other people to create one lawsuit large enough to justify the expenses associated with filing a legal complaint.

Arbitration is also private. They are heard and ruled by for-profit companies, not objective judges or juries. Companies that pay for the arbitration, or bring a lot of business to a single arbitrator, are more likely to get a favorable ruling from that arbitrator. There are arbitrators known for their objectivity and fairness, but some corporations retain the right to choose the arbitrator, and when they have the opportunity to choose between one they have a relationship with and one whose ruling may be unpredictable, the company has little motivation to choose the unbiased arbitrator. Continue reading ›

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NPR reports:

At the University of Tennessee Tuesday, 16 of the university’s head coaches held a rare joint press conference. They defended the university in the wake of a Title IX federal sexual assault lawsuit. ..

The press conference was a rare sight. All of the University of Tennessee’s head athletic coaches – including football, baseball, diving and soccer – sitting on a stage, telling reporters that UT is not such a bad place. Robert Patrick coaches women’s volleyball at the Southeastern Conference school.

 

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Our Chicago car fraud and Lemon law attorneys near Plano and Yorkville 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.

Contact Information
Chicago Office
19 S LaSalle St #702
Chicago, IL 60603
Phone: 630-333-0333
Mailing Address
17W220 22nd St #410
Oakbrook Terrace, IL 60181
Phone: 630-333-0333 Please direct all mail correspondence to our Oakbrook Terrace address office.
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189 Whistler Rd
Highland Park, IL 60035
Phone: 630-710-4990
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Phone: 603-333-0333
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