Two companies entered into an exclusive distribution agreement for a medical bed that was marketed to hospitals and long term care facilities. The agreement contained a provision automatically extending the exclusivity period if the distributor agreed to purchase at least $200,000 of beds in 2011. Though the CEO of the…
Articles Posted in Breach of Contract
A-1 Packaging v. Firefly RFID Solutions Court Allows Some Breach of Contract Claims to Proceed for Misrepresenting Capacity to Complete Construction Project and Dismisses Some Claims Against Officers and Directors — Best Chicago Business Dispute Lawyers
When officers of a corporation misrepresented the capacity of the corporation to meet requirements of an RFID manufacturing project, the district court allowed some claims for breach of contract, quantum meruit, and unjust enrichment to proceed. The court also dismissed some claims against the individual officers of the corporation, based…
Travelers v. ArcelorMittal Court Affirms Grant of Summary Judgment for Insurer in Breach of Insurance Contract Dispute — Chicago and Oak Brook Breach of Contract Attorneys
Where an agreement between two corporations specified that the parties were required to obtain subrogation waivers for enumerated insurance policies, and the claim was later made to the insurance company under a non-listed type of policy, the insurance company was entitled to recover the amount paid out under claim from…
MEP Construction v. Truco MP LLC Summary Judgment in Mechanics Lien Case Affirmed — Top DuPage County Breach of Contract Lawyers Near Wheaton and Naperville
Where a construction manager overstated amount in mechanic’s lien by more than 100%, and overstatement consisted of work performed by other contractors that manager did not have a contractual relationship with, the circuit court did not err in granting summary judgment to restaurant owner alleging constructive fraud on part of…
Peerless Network v. MCI Communications Services — Summary Judgment Decision Reversed in Breach of Contract Dispute — Best DuPage County Breach of Contract Lawyer Near Oak Brook and Glen Ellyn
When a contract dispute arose between two telecommunications companies over the rates charged during the switching process of telephone call transmission, district court committed error in granting partial summary judgment to plaintiff, as it was likely that the same facts and issues would appear before the appellate court in the…
Play Beverages v. Playboy — Trial Court Did Not Err in Admitting Evidence of Threats in Breach of License Agreement Trial — Chicago Breach of Contract and Dealer Termination Lawyers in DuPage County
Where a beverage distributor fell behind on license payments and failed to hit required annual sales targets, the trial court did not err at trial when it admitted evidence of threats made by a manager at beverage distributor and declined to interrupt jury deliberations. Playboy Enterprises International, Inc. is a…
Slay v Allstate — Complaint Against Allstate States Claims For Breach of Covenant of Good Faith and Fair Dealing — Best DuPage County Breach of Contract And Emplopyment Termination Lawyers
Where an insurance agent’s contract with Allstate was terminated for failure to meet performance goals, and the insurance company subsequently denied the agent’s request to transfer the book of business to the agent’s husband, instead selling to the wife of the agent’s former supervisor, the trial court erred in dismissing…
Union Tank v. NuDevco Partners — Lease Guaranty Agreement Not Covered by the UCC Appellate Court Rules — Chicago Uniform Commercial Code Attorneys Near Oak Brook
When a holding company guaranteed lease that a subsidiary assumed for railcars, and then failed to honor guaranty when subsidiary defaulted on the lease, judgment in favor of railcar supplier was affirmed. The appellate panel found that the holding company’s guaranty was a contract to pay a debt, not a…
Tower Communications v. TSC Construction — District Court Rejects Personal Jurisdiction in Breach of Contract and Tortious Interference Case — Chicago Business Dispute Lawyers
The district court rejected personal jurisdiction over a business and two of its employees where the alleged breach of contract and tortious interference occurred in a different state, and the employees and business lacked sufficient contacts with Illinois to justify jurisdiction. Tower Communications and TSC Construction are competitors in the…
Orawin Technology v. Healthcare Delivered LLC Grants Summary Judgment in Breach of Contract Case — Chicago Breach of Contract Lawyers
A developer of healthcare software was denied damages for breach of contract. The court found that the developer had failed to take advantage of a substitute opportunity when its customer ceased paying on its consulting agreement and transferred its obligations to a successor company. Rather than contracting with the successor…