Excessive management fees charged by a majority owner can potentially be the basis for a derivative lawsuit in certain circumstances. In corporate law, a derivative lawsuit is a legal action brought by shareholders on behalf of a corporation against third
Lubin Austermuehle, P.C.
The lawyers at Lubin Austermuehle, P.C. handle all types of internal disputes that may take shape during the course of a company’s formation, management, or dissolution. When it comes to managing a family business, for example, complications may arise that are perhaps unforeseeable. For instance, when spouses who co-own a company decide to divorce, the entity’s value as well as who retains ownership and managing responsibilities must be determined either through negotiations leading to an agreement or by a judge in court.
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Five Year Oral Statute of Limitations Applies to Mixed Oral or Written Contracts
The statute of limitations that applies to a contract that is both oral and written is generally that of an oral contract. This is because if essential terms of the contract cannot be fully ascertained from the written contract itself…
How to Win an Auto-Fraud Case Against a Used Car Dealer
In order to win a consumer fraud case about a rebuilt wrecked automobile or vehicle, it would be necessary to demonstrate several key points.
1. The seller misrepresented or concealed the actual condition of the vehicle, such as by failing…
Wrongfully Removing or Freezing Out a Partner
The elements of a wrongful removal or freezing out of a partner in a business context include the following:
1. Exclusion of a partner from participation in the business: This implies that a partner is denied the right to participate…
Choosing the Best Law Firm to Represent You in a Corporate Oppression Matter
Choosing the best attorneys for a corporate oppression matter in Illinois involves considering several factors. Look for a legal team with extensive experience in corporate law and specifically in handling shareholder disputes and oppression cases. They should have a strong…
The Different Requirements for Pleading Consumer Fraud as Opposed to Common Law Fraud
In Illinois, the pleading requirements for consumer fraud and common law fraud differ in several key aspects:
- A false statement of material fact made
…
Illinois Has Two Different Rules to Obtain Dismissal of a Civil Suit
Illinois has two rules that can be used to dismiss cases which allows for more flexibility in defending some actions then in federal court where there is only one means to seek dismissal of an action.
A Section 2-615 motion…
Why Choose Lubin Austermuehle for Your Chicago Area Business or Commercial Litigation Matter
Choosing Lubin Austermuehle for business litigation offers several compelling advantages. Firstly, the firm is known for its commitment to achieving significant victories and effecting change for clients and the community. This dedication is reflected in the firm’s ability to deliver…
Pleading Citizenship in Illinois Federal Courts For Diversity of Citizenship For LLCs
Diversity of citizenship cannot be asserted merely on information and belief when it comes to the members of a Limited Liability Company (LLC). For diversity jurisdiction purposes, the citizenship of an LLC is determined by the citizenship of each of…
The Different Requirments for Pleading Tortious Interference With Prospective Business Relations and Tortious Interference With Contract
In Illinois, tortious interference with contract and tortious interference with prospective business relations are two distinct torts with different pleading requirements.
To establish a case for tortious interference with contract, the plaintiff must show the following [7]:
1)…