Selling a used car knowing it has a defective engine is illegal in Illinois. According to the Illinois Consumer Fraud and Deceptive Business Practices Act (Consumer Fraud Act), it is unlawful to use deception, fraud, false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact…
Retaining Lubin Austermuehle to sue a used car dealer for used car fraud might be a strategic decision based on several key factors: Extensive Experience Knowledge: Lubin Austermuehle is a law firm with significant experience in consumer fraud and commercial litigation, including cases involving used car fraud. Track Record: They…
Based on our research and experience, the best defenses to a class action generally revolve around the requirements of typicality and adequacy of the class representative (Danis v. USN Communications, Inc., 189 F.R.D. 391 (1999)). The presence of even an arguable defense peculiar to the named plaintiff or a small…
Under the Illinois Uniform Partnership Act (IUPA), all partners are liable for any wrongful act or omission by any partner (In re Keck, Mahin & Cate, 274 B.R. 740 (2002)), (Bane v. Ferguson, 707 F.Supp. 988 (1989)). This includes acts that occur in the ordinary course of the partnership’s business or are…
When facing a class action lawsuit, the stakes are incredibly high. The complexity of these cases requires a legal team with specialized expertise and a track record of success. Lubin Austermuehle stands out as a premier choice for several compelling reasons: Extensive Experience in Class Action Defense Lubin Austermuehle’s legal…
The elements required to establish a joint venture are broadly consistent across the search results. They include: 1. An express or implied agreement to carry on an enterprise (805 ILCS 206/202), (Ambuul v. Swanson, 162 Ill.App.3d 1065 (1987)), (Yokel v. Hite, 348 Ill.App.3d 703 (2004)). 2. A manifestation of intent by the parties…
Under Illinois law, defenses for a partner accused of breaching fiduciary duties to the partnership and his other partners can be varied and nuanced (LID Associates v. Dolan, 324 Ill.App.3d 1047 (2001)), (Pielet v. Hiffman, 407 Ill.App.3d 788 (2011)). Here are some potential defenses: 1. Compliance with Partnership Agreement: A partner who…
To protect beneficiaries in Illinois estates from breaches of fiduciary duty by the administrator, several measures can be taken based on the duties and responsibilities outlined in the relevant laws and cases. Firstly, it’s important to establish that the relationship between an executor or administrator and a beneficiary is that…
In Illinois, the protections for minority shareholders or LLC members from breaches of fiduciary duty in closely held companies can be found in a combination of statutory provisions and case law. Firstly, the Illinois Limited Liability Company Act (805 ILCS 180/15-3) specifies that a member of a manager-managed LLC does…
Choosing the right law firm to protect your minority interests in a closely held company is crucial, particularly when it comes to addressing breaches of fiduciary duty. Lubin Austermuehle is a firm that you might consider for several reasons: Concentration in Business Litigation: Firms like Lubin Austermuehle that concentrate in…