As Chicago shareholder dispute attorneys, we noted with interest a recent decision on calculating fair market value of stock owned by a dissenting shareholder. Brynwood Company v. Schweisberger, No. 02-06-1178, (Ill. 2nd Dist. July 23, 2009) pitted a corporation against its co-founder and majority shareholder. The Brynwood Company, which…
Chicago Business Litigation Lawyer Blog
Company May Not Enforce Judgment Against Individual and Partnership Not Named in Original Claims, Third District Finds
Our Chicago partnership dispute attorneys noted with interest a recent ruling strictly limiting how creditors may hold individual partners liable for the judgment debts of their partnerships. In Sunseri v. Moen, No. 3-07-0468 (Ill. 3rd May 15, 2008), the Third District Court of Appeal ruled that creditor Jack Sunseri…
Financial Consultant Did Not Breach Fiduciary Duty to Bank Takeover Candidate, Appeals Court Rules
A trial court was correct to find for defendants in a breach of fiduciary duty and constructive fraud lawsuit, the First District Court of Appeal ruled March 20. In Prodromos v. Everin Securities Inc., No. 1-06-3685 (1st. Dist. March 20, 2009), plaintiff John Prodromos sued Everin Securities, Inc., its…
Fiduciary Shield Doctrine Does Not Apply When Fiduciary Is Motivated By Personal Interests, First District Says
A trial court may have personal jurisdiction over a defendant outside Illinois, but only if it can determine that the defendant’s alleged tort was motivated for personal reasons, the First District Court of Appeal has ruled. Femal v. Square D Company, No. 1-07-1990 (Ill. 1st Jan. 29, 2009). The…
Software Company Sues Google for Allowing Competitors to Buy Advertisements Using Its Trademarks
As Illinois Internet trademark infringement attorneys, we have kept track of the series of lawsuits filed against Google for selling advertisements using trademarked names and phrases. So we were not surprised to see an article in BusinessWeek July 13 announcing that Rosetta Stone, a maker of language-learning software, has…
Business Liable for Notary’s Misconduct Under Common Law But Not Statute, First District Rules
In a case of first impression, the Illinois First District Court of Appeal has ruled that copy shop Kinko’s may not be held liable under the Illinois Notary Public Act for misconduct by a notary it employed, but may be held liable for common-law negligence. In Vancura v. Katris,…
Partnership Agreements May Not Eliminate One Partner’s Fiduciary Duty to Others, First District Rules
A trial court was correct to find a breach of fiduciary duty in a real estate partnership, the First District Court of Appeal ruled March 27. In 1515 North Wells LP v. 1513 North Wells LLC, No. 1-07-1881 (Ill. 1st. Dist. March 27, 2009), the appeals court also upheld…
First District Rules Improper Joinder of Legal Malpractice Case With Underlying Action Does Not Foreclose Defenses
In a Chicago legal malpractice lawsuit, the First District Court of Appeal has ruled that the defendant is not barred from certain defenses because the plaintiff improperly joined the malpractice claim with its underlying action. Preferred Personnel Services, Inc. v. Meltzer, Purtill & Stelle, LLP, No. 1-08-0389 (Ill. 1st.…
First District Strikes Verdict Against Partners But Leaves Firm Liable in Partnership Dispute
In a partnership dispute and breach of fiduciary duty claim, the First District Court of Appeal has ruled that an attorney may sue his former firm, but not his former partners. In Kehoe v. Harrold, Wildman, Allen & Dixon, No. 1-07-0435 (Ill. 1st Dec. 23, 2008), Robert Kehoe, a…
Fifth District Court of Appeal Overturns Damages Award in Trade Secrets Act Lawsuit
A client list and information on clients’ computer networks do not qualify as trade secrets under the Illinois Trade Secrets Act, the Fifth District Court of Appeal decided April 13 in a business trade secrets lawsuit. In System Development Services v. Haarman, No. 04-CH-30 (Ill. 5th 2009), System Development…