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Chicago Business Litigation Lawyer Blog

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U.S. Department of Labor Maintains an Excellent Website Providing Information on Federal Overtime Laws — Chicago Overtime Attorneys and Lawyers Who Can Protect Your Wage Claim Rights to Unpaid Overtime

  The United States Department of Labor has an excellent website which provides detailed information on fair labor laws including the requirement that employers pay time and half for overtime work for non-exempt employees. The website is located here. With regard to federal overtime laws, the website states: Overtime Pay…

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First District Upholds Summary Judgment in Shareholder Freeze Out Dispute Among Doctors

  As Illinois shareholder dispute and shareholder squeeze out and freeze out litigation attorneys, we were interested in a state appellate decision affirming that corporate bylaws may be abrogated by years of contrary practices. Kern v. Arlington Ridge Pathology, S.C., No. 1-07-2615 (Ill. 1st. Dist. Aug. 7, 2008) arose from…

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New Jersey Man Sued and Criminally Charged for Alleged Theft of Domain Name

As Illinois online trademark infringement attorneys, our interest was piqued when we saw an Aug. 4 article in the New Jersey Star-Ledger about civil and criminal charges against a man accused of outright stealing a domain name. P2P.com, LLC v. Goncalves et al, pending in New Jersey federal court, accuses…

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Illinois Man Sues Marriott for ATM Fee Fraud From Machine at Lincolnshire Hotel

As Chicago ATM fee fraud attorneys, we were extremely interested to see an ATM fee fraud lawsuit filed right here in the Northern District of Illinois. According to an Oct. 29 post from the Chicago Bar-Tender blog, Frederick Brill is suing Marriott International Inc. over alleged violations of the Electronic…

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Improperly Canceled Auto Insurance Policy Means Insurer Has Duty to Defend Driver in Accident, Appeals Court Rules

In an unusual Illinois insurance fraud lawsuit, the First District Court of Appeal has ruled that two insureds are entitled to attorney fees, sanctions and other relief under section 155 of the Illinois Insurance Code. Siwek v. White, No. 1-07-2600 (Ill. 1st Feb. 27, 2009) pits drivers Christine Siweck and…

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Scope of Injunctions Enforcing Restrictive Employment Covenants Must Be Clear, Fourth District Decides

Our Illinois noncompete clause attorneys recently noted an important case addressing the standards for a preliminary injunction in Illinois lawsuits over covenants not to compete. In Lifetec, Inc. v. Edwards, No. 4-07-0300 (Ill. 4th Nov. 6, 2007), Lifetec sued former salesman Peter Edwards for breach of three restrictive covenants in…

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First District Says Delaware Law Controls Dispute Over Returning Overpayments From Trust Fund

  As Illinois limited partnership litigation attorneys, we were pleased to note a recent ruling clearing up a potential conflict between Illinois and Delaware limited partnership law. Delaware law time-bars claims in a limited partnership dispute even though Illinois law typically controls statute of limitation issues, the First District Court…

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First District Rules Plaintiff Not Entitled to Punitives in Noncompete Clause Lawsuit

  An interesting case involving enforcement of an employment contract’s restrictive covenant was recently noted by our Illinois covenant not to compete attorneys. Cambridge Engineering Inc. v. Mercury Partners 90 BI, Inc., No. 1-06-0798 (Ill. 1st Dec. 7, 2007). The suit stems from an earlier lawsuit concluded in Missouri in…

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Promissory Note Holders May Sue Estate to Collect on Debts Due After Death, Appeals Court Rules

  Our Illinois partnership dispute attorneys noted with interest a recent case addressing the obligations of deceased partners’ estates to honor a debt not yet due before the death. In In re Estate of Gallagher, No. 1-07-1744 (Ill. 1st Dist. June 30, 2008), the First District Court of Appeal ruled…

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Hardship to Former Employee Should Be Considered Outside Motion to Dismiss, First District Rules

  A First District Court of Appeal ruling had an interesting lesson for our Chicago noncompete clause attorneys. In Baird and Warner Residential Sales Inc. v. Mazzone, No. 1-07-2179 (Aug. 15, 2008), the First ruled that a trial court needed more evidence in a dispute about a covenant not to…

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