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Articles Posted in Illinois Appellate Courts

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First District Rules Auto Dealer Committed Fraud By Misrepresenting Car’s History

  A statement that a car has not been involved in an accident and “it’s fine” can constitute common-law fraud and a violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, the First District Court of Appeal has ruled. In Hanson-Suminski v. Rohrman Midwest Motors, Inc., 1-07-0755 (Nov.…

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Guarantors of Commercial Lease Are Liable Even After Lease Changes Hands, First District Rules

  As Naperville, Oak Brook, Wheaton, and Chicago business trial lawyers with substantial experience in shopping center claims, we were interested to see a recent decision by the First District Court of Appeal on the obligations of people who guarantee a lease. A change in the lease and a directed…

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Illinois Tenants Entitled to Interest on Security Deposit, Fifth District Rules

  As Chicago class action attorneys, our firm has been able to help many Illinois tenants protect their rights under a special state law that not every renter knows about. The Illinois Security Deposit Interest Act requires many Illinois landlords to pay their renters the interest on security deposits. The…

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Restrictive Covenant Does Not Apply to Shopping Center Lease, Fourth District Decides

  As Chicago business trial attorneys with substantial experience in disputes involving shopping centers, our firm was interested to see a recent Fourth District Court of Appeal decision allowing a shopping center to go through with its lease despite a restrictive covenant in a land sale by its predecessor. In…

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Tenants Do Not Need to Prove Willful Violation of Chicago Ordinance to Recover Security Deposit Interest, First District Rules

    As Chicago class action attorneys with a focus on consumer rights and consumer protection law, we know that renters in Chicago are fortunate to be protected by a law requiring landlords to pay interest on the renters’ own security deposits once a year, as long as the tenant…

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Contribution Act Does Not Bar Breach of Fiduciary Duty Claim in Embezzlement Case

    In a Chicago breach of contract and breach of fiduciary duty case, the Illinois First District Court of Appeal has ruled that an insurance company may sue a bank for allowing embezzlement from one of the insurer’s clients. Continental Casualty Company v. American National Bank and Trust Company…

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Using Forensic Accountants and Certified Fraud Examiners in Shareholder, Business, Divorce and Commerical Litigation

As Chicago business, shareholder rights and commercial law litigators, we frequently handle cases involving allegations of business fraud or financial mismanagement, often as part of complex business dispute, that require significant expertise in financial issues. When handling a divorce involving a family business or other closely held company, we also…

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Will Executor’s Bad Faith Trumps Shareholder Stock Redemption Agreement By Decedent

  In a shareholder and breach of fiduciary duty dispute arising from a probate case involving a closely held corporation with two shareholders, the Illinois Third District Court of Appeal has ruled that a shareholder agreement made by a decedent does not allow the remaining shareholder to execute the decedent’s…

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Shareholder May Withdraw Complaint, Appeals Court Rules in Corporate Dispute

  A minority shareholder may withdraw his complaint under the Illinois Business Corporation Act of 1983, because the majority shareholder failed to meet requirements of that law, the Illinois Third District Court of Appeal ruled in an Illinois shareholder dispute lawsuit. Lohr v. Havens, 3-06-0930 (Nov. 11, 2007). Charles Lohr…

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LLC Members Owe Company, Manager No Fiduciary Duty, Appeals Court Rules

  Only managers in manager-operated limited liability corporations have a fiduciary duty to the company or to other members, the First District Court of Appeal ruled in a usurpation of corporate opportunity lawsuit involving a closely held LLC. Katris v. Carroll, No. 1-04-3639 (Dec. 23, 2005). Peter Katris was one…

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