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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

Reasonable accommodations for employees with multiple sclerosis - what does the law require?

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • May 9 2013

With an estimated 400,000 people diagnosed with multiple sclerosis ("MS") in the United States, it is not surprising that legal issues have flared up

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

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

Limitation of liability contract provision enforced hotel owner loses $4.1 million

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • July 8 2013

It is common for a contract to include provisions that allocate risks and liabilities among the parties. These could range from a complete exclusion

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

U.S. courts refuse to enforce patent claims directed at sales outside the U.S.

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • November 4 2014

In Halo Electronics, Inc. v. Pulse Electronics, Inc., (Fed. Cir. Oct. 22, 2014), the Federal Circuit affirmed a district court ruling of no direct

The Eighth Circuit held that shift rotation was a non-discriminatory essential function of a job

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • July 2 2007

A warehouse technician who suffered from Type I diabetes filed a lawsuit against his employer claiming discrimination under the Americans with Disabilities Act (“ADA”) and Nebraska Fair Employment Practices Act (“NFEPA”) for the employer’s refusal to grant his request to work a straight shift schedule

Dissolved companies receive certainty on post-dissolution lawsuits

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • March 22 2013

The Illinois Supreme Court recently provided certainty to dissolving corporations with respect to the risk of facing a lawsuit even after it has long

Participants and administrators of full contact sports face a new standard of law

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • July 14 2008

The Supreme Court of Illinois has recently established a standard of care owed by participants and administrators of full contact sports such as ice hockey or football