USA Today reports that companies in order to save money in this economic downturn are treating employees as “independent contractors” in name even though the employer is controlling all aspects of their employment in order to skirt federal and state wage and overtime laws and to avoid paying withholdings.…
Chicago Business Litigation Lawyer Blog
Elizabether Warren Outlines First Goal for Federal Consumer Protection Agency to Ensure Financial Products Terms are Disclosed in Plain English
Elizabeth Warren the head of the new Federal Consumer Protection Agency sat down with Michelle Singletary the Washington Post to explain the first goal of the new agency. Warren told Singletary the the Ageny’s first initiative would be to ensure that banks and finance companies compete on an even…
Court Orders Managing Disputed Family Business Not Appealable as Injunctions, First District Rules
Our Oak Brook, Ill. shareholder dispute attorneys and Chicago business law lawyers took note of a recent appeals court decision in a heavily disputed case involving a family business. In Santella v. Kolton and Food Groupie Inc., Nos. 1-08-1329, 08-1357 & 08-1847 consolidated (Ill. 1st July 31, 2009), Rick…
Enforcing Noncompetition Agreements is Tricky Business
Any business owner should keep abreast of laws and court rulings that can affect the way they conduct their operation and interact with employees. The law constantly evolves, and that is why our lawyers are vigilant in tracking changes that affect our clients. Citadel Investment Group v Teza Technologies is…
Court Rules Quantum Meruit Is Appropriate Standard in Dispute Between Former Law Partners
As Chicago corporate dispute lawyers, we were interested to see a ruling in a dispute between former law partners. In Bernstein and Grazian, P.C. v. Grazian and Volpe, P.C., No. 1-09-0149 (Ill. 1st June 25, 2010), both firms, and the individual partners, accused each other of breach of contract…
Summary Judgment Inappropriate in Dispute Over Assignment of Legal Malpractice Claim
Our Illinois legal malpractice attorneys were interested to see a recent decision allowing corporate litigants to assign their claims to former shareholders after a merger. Learning Curve International, Inc. v. Seyfarth Shaw LLP, No. 1-08-0985 (Ill. 1st June 18, 2009). In the underlying case, PlayWood Toys sued Learning Curve…
Filing Counterclaims Does Not Waive Contractual Right to Arbitration, Fourth District Rules
As Illinois mediation and arbitration lawyers, we were interested to see a decision confirming that parties may invoke their contractual rights to arbitrate even after some participation in the other side’s lawsuit. TSP-Hope Inc. v. Home Innovators of Illinois, Inc., No. 1-07-1028 (Ill. 4th June 26, 2008) pits a Springfield…
Courts Must Decide Admissibility of Questionable Expert Testimony Before Certifying Class
A recent decision by the Seventh U.S. Circuit Court of Appeals will have important implications for our practice as Illinois class action attorneys. In American Honda Motor Company Inc. v. Allen et al., No. 09-8051 (7th Cir. April 7, 2010), the Seventh ruled that trial courts must conclusively rule…
Class Certification Under the Fair Labor Standards Act Section 216(b)
As a firm that focuses on class-action litigation, and wage and hour class-actions in particular, our attorneys are always mindful of judicial rulings that may affect our clients. Early this year, a case in Federal Court in the Northern District of Illinois’ Eastern Division addressed a couple of issues…
Fifth District Allows Non-Compete Lawsuit by Madison County Doctors to Go Forward
Our Illinois covenant not to compete attorneys were interested to see a ruling in a long-running contract dispute between three Madison County doctors. The Fifth District Court of Appeals has given a green light to a lawsuit over a covenant not to compete. The Madison St. Clair Record reported…