“As is” and certain other non-reliance or purported exculpatory clauses under the common law, have not provided a defense against fraud in Illinois courts for decades. This is particularly important where, as in most automobile sales transactions, one party is
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.
Latest from Lubin Austermuehle, P.C. - Page 11
Understanding Involuntary Public Figures in Illinois and Defamation Law
In the realm of defamation law, the distinction between public and private figures holds significant weight. Public figures have a higher burden of proof when pursuing defamation claims due to their assumed access to media platforms and the assumed public
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Understanding Business Libel: Protecting Your Company from Defamation
In the digital age, where information spreads rapidly across various platforms, businesses are susceptible to reputational harm through false statements or misleading information. Business libel, a form of defamation, can significantly impact a company’s reputation, credibility, and ultimately, its bottom…
Delaware Courts Provide New Insight Into Duty of Oversight for Corporate Directors — This Will Open up New Issues in Derivative Litigation
The duty of oversight, often referred to within the context of corporate governance, is a critical aspect of the responsibilities of a corporation’s board of directors. This duty is essentially the requirement that board members are attentive to and oversee…
Defending Libel, Defamation, and Internet Slander: The Complex World of Libel Law
In today’s digital age, where information spreads at the speed of light and opinions are shared freely, libel, defamation, and internet slander have become increasingly common issues. When your reputation is at stake, it’s crucial to understand the complexities of…
New Developments in Illinois Civil Law in 2023
In 2023, there were several significant developments in Illinois civil case law.
The case of “PPP-SCH Inc. v. SVAP Hoffman Plaza, L.P.” clarified that a voluntary dismissal disposing of all remaining claims in a case makes appealable those orders preceding…
Emotional Distress Agravation and Inconvenience Damages are Available in Consumer Fraud Cases in Ilinois Including Auto Fraud Cases
In Illinois, damages for inconvenience and aggravation can be claimed in cases of fraud and consumer fraud, but there are important conditions to consider. Under the Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA), plaintiffs can assert damages stemming…
Legal Safeguards for Condo and HOA Board Officers: Protection For Officers and Directors Under Illinois Law
In the dynamic landscape of condominium and homeowners’ associations (HOAs), board officers and directors are tasked with making crucial decisions to maintain the welfare of their communities. However, there are times when disputes arise, leading association members or condo owners…
Recent Developments in Defending Officers and Directors of Corporations or LLCs in Illinois
The legal landscape for Officers and Directors of Illinois corporations and LLCs is constantly evolving. Recent developments in laws, regulations, and court decisions have significant implications for the responsibilities and liabilities of board members. At Lubin Austermuehle, we are committed…
Recent developments in Illinois law pertaining to the defense of officers and directors of Condominium or Homeowner Associations (HOA) revolve around issues of insurance coverage, duties under the Illinois Condominium Property Act, and the right of unit owners to bring lawsuits.
In the case of “State Auto Property & Casualty Insurance Co. v. Bell & Arthur Condominium Association”, it was held that the insurer did not have a duty under Illinois law to defend the association, directors, and officers in an…