Complex Partnership Litigation- Breach of Contract or Rescission The choice between seeking money damages for the breach of contract versus rescission of the contract can be an important one. And knowing the rules governing appeals is also crucial. The recent case of...
Firm News
THE ILLINOIS OPEN MEETINGS ACT REQUIRES PUBLIC BODIES TO MAKE A PUBLIC RECITAL OF THE MATTER UNDER CONSIDERATION BEFORE VOTING
BUT HOW WILL THE ILLINOIS SUPREME COURT RULE? Two cases from the Fourth District Appellate Court interpreting the "Public Recital" requirement of the Illinois Open Meetings Act have set the stage for the Illinois Supreme Court to weigh in on this issue. Section 2 (e)...
Illinois Appellate Court Rules That Shareholders in a Dispute Cannot Be Forced to Pay for A Provisional Director
Illinois Appellate Court Rules That Shareholders in a Dispute Cannot Be Forced to Pay for A Provisional Director In Sinkus v. BTE Consulting 2017 IL App (1st) 152135 the First District Appellate Court reversed a trial court's ruling holding a shareholder in contempt...
WARNING: THE INDEMNITY CLAUSE IN YOUR ILLINOIS SNOW REMOVAL CONTRACT FOR 2016-2017 MIGHT BE VOID
Illinois has just enacted "The Snow Removal Service Liability Limitation Act". This new law declares that any indemnity, hold harmless, or liability shifting provisions in snow removal contracts entered into after the effective date of the new law, August 25, 2016,...
NEW ILLINOIS LAW WILL VOID COVENANTS NOT TO COMPETE FOR HOURLY EMPLOYEES EARNING LESS THAN $13 PER HOUR
Beginning January 1, 2017, a new Illinois law will prohibit employers from requiring employees earning less than $13 per hour to sign a covenant not to compete. The new law, the "Illinois Freedom to Work Act" provides that any such agreement is void and illegal....
Beneficiaries Stated Claim for Breach of Fiduciary Duty and Breach of Trust Provisions Where Their Father Made a Gift from Marital/Family Trust to His New Wife
Gwinn v. Gwinn, 2016 IL App (2d) 150851 The Second District Appellate Court in Illinois has ruled that the gift provisions in a Marital/ Family Trust did not give the surviving Husband as trustee the discretion to make a large gift from the trust to his new wife. The...
EMPLOYER REQUIRED TO MAKE POST-TERMINATION PAYMENTS EVEN THOUGH IT WAIVED NON-COMPETE
Reid v. Getco, LLC. 2016 IL App (1st) 151801 The First District Appellate Court has ruled that provision in an employee agreement ostensibly designed to permit an employer to avoid paying post-termination payments to a terminated employee by waiving the enforcement...
Strict Pleading Rules Do Not Apply in Probate Cases
The Fourth District Appellate Court in Illinois this week decided that in pleading an affirmative defense or a counterclaim to a claim filed against the estate, the executors or administrators are not required to plead those defenses or counterclaims under the same...
Illinois Supreme Court Rules that Temporary Flooding Can be a Taking Under the Illinois Constitution
In an recent opinion, Hampton v. Metropolitan Water Reclamation District, 2016 IL119861 the Illinois Supreme Court held that property owners in Bellwood, Hillside and Westchester could pursue claims against the Metropolitan Water Reclamation District under the takings...
Attention Illinois Employers!
www.state.il.us/court/Opinions/AppellateCourt/2013/1stDistrict/1120327.pdf A Recent Ruling that Illinois Non-Compete Agreements for Employees With Less than Two Years of Service Are Not Enforceable May Impact Purchases and Acquisitions of Existing Businesses Many...