Kraft is a well-known manufacturer of food products sold in grocery stores. It has been selling packaged cheeses sold under the trademarked “Cracker Barrel” label. Kraft has been selling under that name for more than 50 years. Thousands of grocery stores carry Kraft cheeses bearing that label. Kraft does not sell…
Articles Posted in Business litigation
Dismissal for Failure to State a Claim was Proper Where Plaintiff Chose Not to Allege Details of Fraud Conspiracy in Complaint
Bank of America (“Bank”) lost about $34 million when Knight Industries went bankrupt. In the Bank’s lawsuit under federal diversity jurisdiction, it was alleged that Knight’s directors and managers looted the company and that its accountants neglected to detect the fraud. The parties had agreed that Illinois law applied. The district court dismissed…
Forum Selection Clause and Contract Enforced; Entec International N.A. v. MillerCoors
The Illinois Appellate Court has affirmed a decision of a Cook County Circuit Court judge with respect to the forum-selection clause found in a service contract. MillerCoors, headquartered in Chicago, is the second largest brewer in the United States with approximately 30% market share. In 2007, MillerCoors approached Entec regarding parts procurement…
Insurance Coverage Wins Out in Loading Car Claim at Menards
The Illinois Third District Appellate Court has held that the large hardware chain Menards was entitled to insurance coverage under the automobile insurance policy issued to the insured, the customer, who was injured while a Menards employee loaded her car. In this case, Ruby Bohlen purchased gravel and bricks from a…
228,000 in Illinois Consumer Fraud Action on Contract; Myles v. E. King Construction Co.
Edward Myles, a truck driver, claimed that he lost earnings due to the defendants’ unfair acts and practices. The claim stemmed from the defendants’ breach of contract relating to the sale of commercial trucking equipment. Mr. Myles claimed loss of revenue due to the defendants’ intentional interference with a third-party…
U.S. Court of Appeals Allows Conditional Privilege in Tortious Interference With Contract Case; Nation v. American Capital, Ltd.
The Illinois Seventh Circuit Court of Appeals has agreed with the federal district court in dismissing the lawsuit brought by James Nation. Mr. Nation served as the CEO of the Spring Air Co., which owned and licensed a mattress brand. After the company was acquired by HIG Capital in 2007,…
Illinois Appellate Court Holds That Plaintiff Failed to Prove That Negligence Caused the Damages Claimed; Costello v. City of Chicago
The Illinois Appellate Court has affirmed a ruling by a Cook County Circuit Court judge arising from a class-action suit filed by Ronald Costello who represented the class. He claimed that he and others suffered flooding on their property during August 2001 storms. The lawsuit arose out of the City…
Illionois Appellate Court Rules Car Dealer Was Detained– Abbas v. Weininger
The Illinois Appellate Court 1st District 4th Division has affirmed a decision by Cook County Circuit Court Judge James N. O’Hara. The plaintiff Joseph Abbas was the president and principal partner of a luxury car dealership known as Bentley of Downers Grove, Gold Coast Bentley and Gold Coast Lamborghini. Charter…
Appellate Court Rules Condo Resident not Required to Pay Assessments After Condo is Not Repaired
The Illinois Appellate Court has ruled that a condo resident was justified in not paying more than $2,000 in condo fees because the roof above and the brick facade outside her unit had not been properly prepared. The plaintiff, Lisa Carlson, had been threatened with eviction for non-payment of her…
Lawsuit for Preliminary Injunction Must Show the Likelihood of Success on the Merits
A trial judge in the circuit Court of Cook County has denied a request for a preliminary injunction in the case of a business whose owners wanted to build a gas station alongside another gas station in Oak Forest. Oak 159th Inc. owned a BP gas station at the corner…