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Results: 1-10 of 274

Protecting "Cracker Barrel" trademark: Kraft Foods has good week, Starbucks and Cracker Barrel do not

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • November 26 2013

As was widely reported, on November 12, Kraft Foods won a $2.23 billion arbitration award against Starbucks arising from Starbucks' early termination

FMLA: caring for an adult child

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • July 8 2014

Recently, the United States Court of Appeals for the Seventh Circuit reminded us that the Family and Medical Leave Act ("FMLA") provides eligible

Appellate court finds choice-of-law clause does not trump territorial limitations of a consumer fraud action

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • September 7 2012

Recently, the Second District of the Illinois Appellate Court affirmed the trial court’s dismissal of a claimed violation of the Illinois Consumer Fraud Act (the “CFA”) because the alleged violation did not primarily take place in Illinois

In California, a settling defendant may not be truly out of the case

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • October 4 2012

The California Supreme Court recently ruled that in cases where the trial judge has not certified that a settlement was reached in good faith, the non-settling defendants may later sue the settling defendant if the jury apportions additional fault to the settling defendant

Statute of limitation's discovery rule not applicable to cases involving conversion of negotiable instruments where victim is not in a place to discover injury

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • November 12 2012

The Fifth District of the Illinois Appellate Court recently affirmed a trial court's refusal to apply the discovery rule to toll the statute of limitations and the entry of summary judgment in an action for conversion of negotiable instruments

In Illinois, corporate officers and directors can owe a fiduciary duty to corporate creditors

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • October 4 2012

Recently, the First District of the Illinois Appellate Court reversed the trial court's dismissal of an action for breach of fiduciary duty because it found that corporate directors and officers, in certain circumstances, owe a fiduciary duty to the corporation's creditors

Court emphasizes risks of dealing with known insolvent entity

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • August 16 2010

A recent 7th Circuit Court of Appeals decision shows the risks of dealing with an entity known to be insolvent and demonstrates that claimants, however deserving, can expect little sympathy from the courts

Conan Doyle's Estate's quixotic efforts to prevent publication of Sherlock Holmes book

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • June 30 2014

A recent case from the 7th Circuit Court of Appeals illustrates the time and expense required to respond to even a non-meritorious claim of

The top 6 employment challenges of 2014

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • January 10 2014

Are companies ready for 2014? Last year, we saw several significant changes and reminders to lessen the risks of suit. Here is our list of the Top 6

Distributors win (and lose) against terminating medical goods supplier

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • September 8 2011

Although we have reported cases in which courts have denied recovery to claimants who failed to protect themselves in their contracts, a recent Seventh Circuit case illustrates an exception for fraud, intentional misrepresentation, and negligent misrepresentation