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Results: 1-10 of 268

Freedom of contract goes too far - $4.3 million escrow is not liquidated damages, but unenforceable penalty

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 20 2014

One of the principals courts repeatedly cite is that of freedom of contract. For example, in a recent Risk Management Update, we discussed the case

Claimant loses big jury verdict award of $1.1 million by waiving and not pursuing damage theory

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • January 29 2014

Dr. Aristo Vojdani was the owner of Immunosciences Lab, Inc. In June 2007, Dr. Vojdani and Immunosciences (referred to for convenience as "Vojdani"

When does competition become tortious interference?

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

It is common for parties who feel injured when the other party breaches its contract to claim damages. Of course, the most likely target is the other

EEOC attacks severance agreements

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • March 13 2014

Every year, employers should audit their employment agreements, especially the separation, settlement and severance agreements they use. Too many

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

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

Illinois court either confirms or limits scope of Illinois sales representative statute

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • March 14 2014

The Illinois Sales Representative Act (820 ILCS 1200.01 et. Seq.) ("Act") is intentionally very favorable to sales representatives. It protect sales

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