Chicago Business Litigation Lawyer Blog

Latest from Chicago Business Litigation Lawyer Blog

For years people used the term “in a Swiss bank account somewhere” to refer to money that had been hidden overseas where the IRS couldn’t reach it. Taking advantage of offshore bank accounts has long been (and still is) a way for rich people to avoid paying taxes on large portions of their wealth, and Swiss banks provided one of the most popular safe havens from American taxes. In theory, that all should have changed…
After a spectator at a Chicago Cubs game, who was hit in the face by a baseball, sued, the team and MLB moved to compel arbitration. The Illinois trial court rejected the motion, finding that the arbitration provision was procedurally unconscionable and therefore unenforceable. The Illinois appellate court agreed, pointing to the fact that the fine print on the back of the ticket failed to include all of the arbitration terms and conditions, and that…
While the government was quick to hand out Business Interruption Grants to businesses across the country struggling from the effects of the pandemic-induced shutdown, company’s applying for the grant did have to meet certain criteria. The companies needed to be able to prove they had been financially impacted by COVID-19, and that they would use the money from the grants for necessary business expenses, such as payroll. What was less widely discussed was the fact…
A former teacher at a high school who was fired later sued the school, alleging he was fired because he was an atheist. After the teacher was dismissed, the school published a press release on its website stating that the teacher had been terminated. The teacher and the school entered into a settlement agreement that included a nondisparagement clause. The teacher later sued the school a second time, arguing that it violated the nondisparagement clause…
A startup employee advised his employer that it could withhold his and others’ wages until it secured future funding. The employee was a lawyer and drew up contracts to reflect this agreement. The employee later left the company on bad terms and demanded arbitration to recover his back wages. An arbitrator ruled for the employee, determining that the company had violated the Illinois Wage Payment and Collection Act because it had withheld wages beyond the…
While most securities fraud lawsuits accuse the defendant of manipulating their stock prices to keep them artificially high, the current lawsuit against Goldman Sachs alleges the company lied to maintain its high stock prices, rather than lying to cause the prices to rise. It’s a unique allegation, and one the U.S. Supreme Court has not yet recognized, but two lower courts have already upheld it as a valid claim. Goldman appealed the decision made by…
In a recent order issued in the case of PNC Capital LLC v. TCode, Inc., the trial court swatted down the plaintiff’s excuses for refusing to answer jurisdictional discovery sought by the defendant and ultimately awarded sanctions against the plaintiff after finding that it lacked any substantial justification for its refusal to respond to essential jurisdictional discovery in order to thwart plaintiff’s constitutional right to remove the case to federal court based on diversity of…
Major League Baseball’s efforts to end a lawsuit filed by a woman struck by a foul ball at Wrigley Field hit a snag when an Illinois appellate court ruled recently that the injured fan can move ahead with her lawsuit. In its ruling affirming the decision of the trial court, the First District appellate court held that the plaintiff was not required to arbitrate her case with the MLB per the terms of the arbitration…
Almost as soon as reality TV gained prominence in our popular culture, it ceased to be reality. Producers and showrunners end up with hours and hours of footage that has to be edited down to fit the time frame of the TV show, but it didn’t take long for them to realize they could also edit the footage to tell a story … even a story that wasn’t there. Donovan Eckhardt, one of the co-hosts…
A truck manufacturer was agreed to a settlement after it was sued for selling trucks with defective engines. Two members of the litigation class had filed separate suits against the company in state court. After the settlement was finalized, the manufacturer sought to have those suits dismissed. The plaintiffs attempted to intervene in the court where the settlement was approved, seeking to opt-out of the terms of the settlement. The district court refused and the…