In Illinois, there are several circumstances under which a partner can sue another partner (Battles v. LaSalle Nat. Bank, 240 Ill.App.3d 550 (1992)), (In re Ascher, 141 B.R. 652 (1992), (Hux v. Woodcock, 130 Ill.App.3d 721 (1985)): 1. A partner can sue another for a breach of fiduciary duty, such as if a…
Yes, an individual can sue a college or university for a Title IX violation. The Supreme Court has recognized that Title IX entitles a person injured by a violation to sue for damages. In such cases, the plaintiff must demonstrate that an official of the educational institution who has the…
Experience: Lubin Austermuehle has specific experience dealing with Title IX cases, which involve allegations of sexual discrimination, harassment, or violence in educational settings. Their familiarity with such cases can be crucial in navigating the complexities of both the legal aspects and the educational policies involved. Understanding of Educational Law: A…
Yes, the Illinois Attorney General can sue your company for consumer fraud (In re Tapper, 123 B.R. 594 (1991)), (People of State of Ill. ex rel. Hartigan v. Commonwealth Mortg. Corp. of America, 732 F.Supp. 885 (1990), (People of State of Ill. v. Life of Mid-America Ins. Co., 805 F.2d 763 (1986).…
Hiring Lubin Austermuehle to defend your company in an Illinois Attorney General consumer fraud investigation could be strategically beneficial for several reasons: Focus on Consumer Law: Lubin Austermuehle likely has a comprehensive understanding of consumer law, particularly as it pertains to the regulations and practices within Illinois. This focus on…
In Illinois, a derivative lawsuit can be filed by an individual shareholder or a member of a limited liability company (LLC) to enforce a right that belongs to the corporation or the LLC (Silver v. Allard, 16 F.Supp.2d 966 (1998)), (Pistone v. Carl, Not Reported in N.E. Rptr. (2020). The aim of…
Retaining Lubin Austermuehle for a breach of fiduciary duty lawsuit could be beneficial for several reasons: Focus on Business Litigation: Lubin Austermuehle has a focus on business litigation, which includes handling cases of breach of fiduciary duty. This specialization means they likely have a deep understanding of the laws and…
In Illinois, there are several defenses that can be utilized in response to a libel suit. One such defense is the doctrine of “innocent construction”, where a potentially defamatory statement is innocently construed, and therefore not actionable. Expressions of opinion are another type of defense, as they are not considered…
Choosing Lubin Austermuehle to defend you in a libel case can be a strong option due to their extensive experience and strategic approach to defamation law. Here are some reasons based on their record and legal capabilities: Experienced Legal Team: Lubin Austermuehle has a dedicated team of attorneys with significant…
Yes, taking excessive compensation can indeed violate a managing member or majority shareholder’s fiduciary duties. Case law supports this assertion. In Fleming v. Louvers International, Inc., the court found that a majority shareholder violated his fiduciary duties by taking excessive compensation, depriving a minority shareholder of his rightful distributions. This…