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Articles Posted in Corporations

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Investors in Ponzi Scheme Reversed the Cook County Order Granting Defendants’ Motion to Dismiss for Lack of Standing

Six investors in Lancelot Investors, a Cayman Islands hedge fund, were suckered by the operator of a billion-dollar Ponzi scheme. They sued Lancelot’s auditors in Cook County, where the offshore company is headquartered. The lawsuit alleged that fraudulent and negligent audit reports duped the six investors into pumping $79 million…

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Illinois Appellate Court Finds Trial Court Wrong in Applying the “Verdict Test”

A contract was entered into between Beckett Media LLC and OnRamp Technologies to allow Beckett to use OnRamp’s applications and websites for “inventory management and sales solution.” According to the contract, “in the event of any litigation of any controversy or dispute arising out of or related to this agreement,…

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Illinois Appellate Court Decides that Dissolved Companies’ Liability Insurance Policies Were Unavailable for Persons Making Claims Against Corporation

The Illinois Appellate Court for the Third District has held that persons with claims against a corporation dissolved for more than 5 years could not recover against the corporation’s liability insurers. In this case, defendant insurers included Employers Insurance Co. of Wausau, TIG Insurance Co. and Travelers Casualty and Surety…

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Principles of Unjust Enrichment and Constructive Trust are Explained by Illinois Appellate Court

In a landlord-tenant case that included a bankruptcy, the Illinois Appellate Court weighed in on the law of unjust enrichment and constructive trust. The case involved the payments on a commercial lease, a bankruptcy and the legal principles. The commercial lease tenant — Montgomery Ward — had filed for bankruptcy…

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$971,000 Jury Verdict for Contractor Who Sued for Unpaid Work at the Pritzker Mansion

This was a breach of contract case that started out in the Chancery Division of the Circuit Court of Cook County and then became a law matter tried before a jury. In this case, a verdict of $971,858 was the outcome in a lawsuit brought by the Harold O. Schulz…

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Failures by Franchisee in Making Petroleum Payments Leads to Forfeiture Under Petroleum Marketing Practices Act

The U.S. Court of Appeals for the Seventh Circuit in Chicago has affirmed a decision by a trial judge that led to the forfeiture of an oil and gas franchise. Emmanuel Joseph operated a British Petroleum (BP) service station in Chicago.  Sasafrasnet, LLC was the authorized distributor of BP products.  Joseph…

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Illinois Appellate Court Returns Contract Case to Trial Court Finding Ambiguous Language

The Illinois Appellate Court has reversed and remanded a decision by a circuit court judge regarding a contract.  Global Care S.C. was a medical services corporation that leased several office suites from K&K Holdings. The term of the leases was seven years.  The lease was to end on July 31, 2011. …

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U.S. Court of Appeals Affirms Unusually High Attorney Fee Award in Risky Shareholder Lawsuit

In a class action brought by Motorola investors it was maintained that during 2006, the company made false statements in order to disguise its inability to deliver a mobile phone for sale that would employ three different protocols. When it became public that Motorola could not produce the new mobile phone,…

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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…

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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…

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