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Articles Posted in Real-Estate Litigation

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Oak Forest Properties v. RER Financial, Inc. — Breach of Lease Contract Dispute Resolved — Chicago Real-Estate Litigation Attorneys

Where circuit court did not err when it ordered plaintiff and defendant to each pay their own attorneys’ fees in case for breach of a lease agreement because the plaintiff and defendant both won and lost on some of their claims, and neither party prevailed on claims that were significantly…

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Class Certified in Contaminated Property Case Against Shell Oil in Down State Illinois

The issue of ground contamination is an extremely important one for homeowners. With the collapse of the housing market, many people have already found that their homes are worth far less than what they paid or still owe on them. If there has been any kind of chemical leak in…

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Illinois Appellate Court Denies Request for a New Trial After $1.2 million Verdict for Fraudulent Misrepresentation in Commercial Property Transaction

Most businesses are of the brick and mortar variety, meaning that they have a physical location where they conduct operations, and as a result these business have to either buy or rent properties to acquire the space they need. At Lubin Austermuehle, our Elgin business attorneys have handled many commercial…

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Appellate Court Applies 10 Year Statute of Limitations in Construction Indemnity Case

Lubin Austermuehle represents clients all over the Chicago-land area, and because Chicago is a growing metropolis, land comes at a premium. This means that there is constant property development going on all over our fair city, and with that development comes unique legal problems. Water Tower Realty Company v. Fordham…

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llinois Appellate Court Rules that a Relocation Provision in a Commercial Lease Must Abide by State Regulations

Earlier this year, the Appellate Court of Illinois handed down an opinion that has implications for businesses with leased premises. Our Aurora business attorneys found Bright Horizons Children’s Centers LLC v. Riverway Midwest LLC, which is a dispute regarding a commercial lease that was initially filed in Cook County. Bright…

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Appellate Court Certifies Class-Action in Title Insurance and Consumer Fraud Act Case

The purchase of land is a complex and multi-layered process that presents many opportunities for not only misunderstandings and mistakes, but also fraud and misrepresentations. Lubin Austermuehle has many attorneys who focus on handling consumer fraud cases, so we are always tracking developments in that field of the law. Chultem…

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Penalty Under Landlord Tenant Ordinance Is Statutory, Illinois Supreme Court Finds

  A recent ruling clarifying how Illinois state law applies to city ordinances caught the attention of our Chicago consumer protection attorneys. In Landis et al v. Marc Realty et al, Ill. Sup. Co. No. 105568 (May 21, 2009), tenants Ana and Ken Landis signed a lease for a Chicago…

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Developer’s Lawsuit Accuses Grocery Chain of Using ‘Dirty Tricks’ to Keep Wal-Mart Out of Town

  Our Illinois business and commercial emergency attorneys were interested to read an article about a lawsuit suggesting corporate “dirty tricks” by the parent company of the Jewel-Osco chain of grocery stores. Rubloff Development Group Inc., a commercial real estate developer, made that accusation in a lawsuit filed in Chicago…

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First District Upholds Punitive Damages Award in Defective Townhouse Case

  Our Chicago consumer fraud attorneys were pleased to see a recent ruling affirming real estate buyers’ right to relief, and punitive damages, after fraud by the builder. Linhart v. Bridgeview Creek Development Inc., No. 1-07-2712, (Ill. 1st May 20, 2009). Plaintiffs Ken Linhart, Beverly Linhart, Amy Gable, Jane Longo,…

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Second District Court of Appeal Upholds Nominal Judgment for Plaintiffs’ Failure to State Reasonable Basis for Damages

  In a hard-fought Illinois consumer fraud lawsuit over deception by a condominium developer, the Second District Court of Appeal has upheld an award involving both nominal damages and punitive damages. In Kirkpatrick v. Strosberg, Nos. 2-06-0724 and 2-06-0731 (Ill. 2nd Aug. 8, 2008), four plaintiffs, led by John Kirkpatrick,…

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