The Tenth Circuit Court of Appeals reviewed a dispute among shareholders of a closely-held corporation in Warren v. Campbell Farming Corporation. It affirmed a district court ruling that the majority shareholder did not breach fiduciary or statutory duties to the corporation by approving a bonus proposal over the minority shareholders’…
Chicago Business Litigation Lawyer Blog
Business Owners Beware: Tips are for Employees Only – Gionfriddo v. Jason Zink, LLC. (D MD 2011)
In Gionfriddo v. Jason Zink, LLC., the District Court for the District of Maryland became the latest in a chorus of courts in business litigation to warn business owners/operators that the Fair Labor Standards Act (FLSA) – and often state law – prohibits them from participating in employee tip pools.…
Medical Debt Collectors Stoop to New Lows According to the New York TImes
The Colbert Report Mon – Thurs 11:30pm / 10:30c The Word – Debt Panels www.colbertnation.com Colbert Report Full Episodes Political Humor & Satire Blog Video Archive Colbert commented on an interesting New York Times article which reported on how debt collectors are now secretly embedded in hospitals posing as hospital…
Car Fraud, Arbitration Clauses and Unconscionability – Tolbert v. Coast to Coast Dealer Services, Inc.
Solid evidence and strong legal arguments are all well and good, but in order to successfully sue a car dealer for fraud, you first have to bring the action in the right venue. In Tolbert v. Coast to Coast Dealer Services, Inc., the Northern District of Ohio explains that it…
7th Circuit Reverses its Decision in Sears Class-Action
The Thorogood lawsuit against Sears, characterized by the 7th Circuit as purportedly “near frivolous,” concerned marketing of a clothes dryer. It was certified and later decertified as a class action on the ground that no issues could be resolved in a single, class-wide evidentiary hearing, and was ultimately dismissed. Murray,…
Non-Compete Agreements 101: Consideration and Undue Hardship – PolyOne Corp. v. Barnett
In PolyOne Corp. v. Barnett, the district court for the Northern District of Ohio explains that just because both an employer and employee have signed a non-compete agreement doesn’t mean the agreement is necessarily enforceable. Among other requirements, the agreement must not be overly burdensome and must be executed in…
Combining Two or More Classes into One Toxic Contamination Action – Thomas v. Wilbert & Sons, LLC
In Thomas v. Wilbert & Sons, LLC, Louisiana’s First Circuit Court of Appeals tackles the tricky situation in which two or more certified classes are combined for trial. While such a scenario can be procedurally complicated, the basic class certification principles – including that a court considering class action certification…
Illinois Court Shoots Down Unreasonable Noncompete Agreement – Peerless Industries, Inc. v. Crimson AV, LLC.
In Peerless Industries, Inc. v. Crimson AV, Llc., the Northern District of Illinois makes clear that while noncompete agreements may be valid and enforceable in Illinois, the terms of an agreement must nevertheless be reasonable. Plaintiff Peerless Industries Inc. is an audio-visual mount equipment manufacturer that does business around the…
Class Action Lawsuits for Water Contamination – Osarczuk v. Associated Univs. Inc.
Toxic contamination class actions often include claims by plaintiffs asserting a whole host of problems, from serious health and medical conditions to wide-scale property damage. In Osarczuk v. Associated Univs. Inc., the New York Supreme Court for Suffolk County considered the additional economic damages caused when drinking water is contaminated.…
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 DiTommaso, our Elgin business attorneys have handled many…