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Articles Posted in Illinois Appellate Courts

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Respected Law Professor’s Insights on Corporate Freeze-Out Litigation

  Experienced Illinois business litigators probably recognize Professor Charles W. Murdock of the Loyola University Chicago School of Law as a former Illinois Deputy Attorney General, former Loyola Dean and expert on Illinois business law. Given his status, it was with great interest that we read some of his scholarship…

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Missed Deadline Bars Stolen Corporate Opportunities Claim, Appeals Court Rules

  The doctrine of laches bars a plaintiff from bringing a stolen corporate opportunities lawsuit, the Illinois First District Court of Appeal has ruled. Lozman v. Putnam, No. 1- 06-0861 (February 18, 2008). Plaintiff Fane Lozman and defendant Gerald Putnam met in 1986 as employees of the same Chicago securities…

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Court of Appeal Allows Retroactive Rule Change in Junk Fax Insurance Case

  Over at the Illinois Appellate Lawyer Blog, our colleague Steven R. Merican recently called our attention to an appeals court decision related to insurance coverage for “junk fax” class actions — an important practice for our firm. Eclipse Manufacturing v. United States Compliance, Nos. 2-06-0825, 2-06-0889 (11/30/07). In the…

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Without Written Confidentiality Agreement, Competing Does Not Breach Fiduciary Duty, Court Rules

  A former shareholder, officer and director did not breach his fiduciary duty to a corporation when he started a competing company, and a former employee did not breach his duty of loyalty by joining, the First District Court of Appeal has ruled. Cooper Linse Hallman v. Hallman, No. 1-05-0597…

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Earnings of Closely Held Company Are Not Marital Property, Appeals Court Says

  In an issue of first impression in Illinois, the Third District Court of Appeal ruled in a divorce business dispute that retained earnings from a closely held corporation are non-marital property. In re Marriage of Joynt, No. 3-06-0919 (Aug. 16, 2007). Michael Joynt was president of Mississippi Valley Stihl,…

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Company President Has No Standing to Sue Alleged Alter Ego, Appeals Court Rules

  In an Illinois business contract lawsuit, the Third District Court of Appeal has ruled that a company’s president may not hold his financer and business partner liable for the company’s debts as an alter ego. Semade v. Estes, 05–CH–31 (June 29, 2007). Charles Semade and Nicholas Estes formed a…

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Bond Filing Absolutely Must Precede Attachment Order Under Illinois Attachment Act, Appeals Court Rules

In a business fraud lawsuit pitting a bank against its security vendor, the Illinois Appellate Court for the 1st District ruled May 1 that an attachment order must be voided under the Illinois Attachment Act if plaintiffs fail to file an attachment bond beforehand. In ABN Amro Services Company, Inc.…

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Tolling Agreement Supersedes Statute of Limitations in Legal Malpractice Case

The Illinois Appellate Court for the 1st District ruled May 7 that a legal malpractice class action against the law firm DLA Piper Rudnick Gray Cary could not go on because it was filed well after a tolling agreement ended. In Joyce v. DLA Piper Rudnick Gray Cary LLP, 1-07-1966…

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The Chicago Consumer Attorneys at Lubin Austermuehle Win Precedent In Hotel Billing Fraud Case

Our firm obtained a favorable verdict in a consumer fraud case with Terrill v. Oakbrook Hilton Suites & Garden Inn 788 NE2d 789 (2nd Dist 2003). In that case, our client, Cathy Terrill, was overcharged for a hotel room; her bill contained a charge for “taxes” that included an undisclosed…

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