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Articles Posted in Breach of Contract

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Law.com Reports: “National Class Action Status Granted in Conseco Life Insurance Case”

  National Class Action Status Granted in Conseco Life Insurance Case By Petra Pasternak October 26, 2010 Instead on alleging fraud based on state consumer fraud statutes this article explains that this class action against Conseco relies on a breach of contract claim for the life insurance carrier’s alleged failure…

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First District Rules Creditor Has No Lien Rights on Payment of Unrelated Debt

  Our Chicago business attorneys were interested to see a decision sorting out how an individual creditor with a judgment in his favor may collect on the debt. In Tobias v. Lake Forest Partners LLC, No. 1-09-1054 (Ill. 1st June 22, 2010), Andrew Tobias lent $500,000 to Lake Forest Partners,…

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Court Rules Illinois Courts Should Hear Contract Dispute Despite Case in New York

  Our Chicago business attorneys were interested to note a ruling establishing that an Illinois venue is correct in a case of dueling lawsuits between companies working in Illinois and New York. In Whittmanhart, Inc. v. CA, Inc. and Niku LLC, No. 1-09-3136 (Ill. 1st June 22, 2010), Whittmanhart bought…

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Clothing Retailer Sues Competitor and Former Employees Alleging They Stole Secret Designs

  As Illinois trade secrets litigation attorneys, we were interested to see a trade secrets lawsuit arise out of the time-sensitive and competitive world of women’s fashion. As the Naples Daily News reported in July, Florida clothing company Chico’s FAS Inc. has sued competitor Cache Inc. and two former employees…

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The New York Times Reports: For-Profit Colleges Mislead Students, Report Finds

  For-Profit Colleges Mislead Students, Report Finds By TAMAR LEWIN Published: August 3, 2010 Recruiters for 15 for-profit colleges encouraged lying on financial aid forms and misled potential students. If you are keeping up with the scandal involving for profit colleges and how they are duping students into taking worthless…

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Arbitration Clause in Written Contract Cannot Compel Arbitration in Oral Agreement, First District Finds

As Chicago alternative dispute resolution attorneys, we were pleased to read a decision from the First District Court of Appeal on compelling arbitration in an oral contract related to a written contract. In Marks v. RSM et al, No. 1-09-1988 (Ill. 1st. March 12, 2010), Carol Marks allegedly contracted with…

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Illinois Supreme Court Resolves Question on Unintentional Missed Deadlines in Trade Secrets Case

  Our Chicago trade secrets litigation attorneys were interested to see that a trade secrets and breach of restrictive covenant case was responsible for clarifying a point of procedure at the trial level. In Vision Point of Sale v. Haas et al., No. 103140 (Ill. Sup. Co. Sept. 20, 2007),…

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Third Circuit Upholds Non-Compete Clause But Changes Unreasonable Restriction on Activity

  As Illinois non-compete contract lawyers we were interested in a lengthy but substantial ruling from the Third U.S. Circuit Court of Appeals in January. In Zambelli Fireworks Mfg. Co. v. Wood, No. 09-1526, 2010 WL 143682 (3d Cir. Jan. 15, 2010), the appellate court upheld a preliminary injunction to…

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Seventh Circuit Rules UPS Violated ERISA by Raising Contributions for Only Some Retirees

  As Chicago class-action attorneys, we were pleased to see that the Seventh Circuit upheld a decision in favor of retired UPS employees protesting a change in their employee contributions to health benefits. In Green v. UPS Health & Welfare Package for Retired Employees, No. 09-2445 (7th Cir. Feb. 10,…

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Former Employee’s Stock Options Remain Valid Under Employment Contract

  As Chicago employment contract litigation attorneys, we noted a favorable decision for employees from the Seventh Circuit in October. Lewitton v. ITA Software, Inc., No. 08-3725 (7th Cir. Oct. 28, 2009) upheld a former employee’s right to buy stock options that had vested during his employment, even though he…

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