A corporate defendant waives the right to enforce an arbitration clause in an employment agreement if it asserts an affirmative defense to a complaint that is unrelated to arbitration. So ruled the First District Appellate Court of Illinois in a recent breach of employment contract case called Koehler v. Packer…
A Cook County judge on June 3 in the case of Robert Buono v. Intelligentsia Coffee, Inc., Emily Mange, and Doug Zell gave the green light for this lawsuit to proceed against the founders of Chicago-based Intelligentsia Coffee, Inc. for allegedly withholding more than $15 million in profits from the company’s…
An employment agreement that sets out a specific term of employment may not protect an employee from being terminated at any time. The Fifth District Appellate Court in Wessel v. Greer Management Services, Inc., 2016 IL App (5th) 150259-U recently ruled against a plaintiff who brought a breach of contract…
It’s generally a good idea to avoid saying any negative things about the company/people you work for, but what if you work for the government? The First Amendment of the U.S. Constitution was designed to promote the open and free discussion of politics and public figures, and that includes public…
A plaintiff seeking to recover on a breach of fiduciary duty claim against a business partner must be able to show more than just evidence of his partner’s bad conduct, but must also demonstrate that he suffered measurable damages as a result of the conduct. For almost a decade, JAP,…
It’s almost always newsworthy when a friend or family member of a wealthy celebrity publishes a “tell all” book or files a lawsuit against the celebrity in question or against other people close to the celebrity. But all this gossip has to be taken with a grain of salt, especially…
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,…
Ask almost anyone what a donut is and they’ll most likely describe it as a round pastry that’s fried and then usually glazed with sugar and sometimes various toppings, such as frosting and/or sprinkles. The definition usually consists of a hole in the center, unless the pastry is filled, but…
The following lists some of the key factors to consider as you face business dispute or shareholder dispute litigation: • Business Litigation Goals. It is important to consider what you hope to accomplish through business dispute litigation. It is important to consider the ideal end result as you evaluate your…
Franchises can be a great opportunity for a business to branch out and expand while limiting their risks, but only if the contract is fair to both parties. Any time anyone signs a contract, they should read it carefully and have a qualified attorney look it over or they could…