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Results: 1-10 of 79

Seventh Circuit strikes down another arbitration provision

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • November 11 2014

In an earlier Update, we reported on a 7th Circuit Federal Court of Appeals case that struck down an arbitration provision. (Deborah Jackson, et. Al

Court strikes down bogus arbitration provision

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

Courts generally bend over backwards to enforce a freely negotiated arbitration provision, especially between commercial parties. But a recent case

Parties held to contract; investor in distressed loans loses chance at windfall

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • September 19 2014

Courts, especially the 7th Circuit Court of Appeals, are noted for holding parties to the terms of their contract, particularly sophisticated

Fictional clean slate computer program used in Batman movie is not infringing existing trademark

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • August 28 2014

A recent decision of the 7th Circuit Court of Appeals discussed the concept of "confusion" with respect to an unusual trademark infringement claim

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

Case again illustrates importance of terms and conditions especially choice of law seller may lose chance to claim interest and attorneys' fees

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

VLM Food Trading International, Inc. (VLM) was a Canadian agricultural supplier. One of its customers was Illinois Trading Company (Illinois Trading

Borrower escapes, but guarantor does not, on $17 million debt

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • May 2 2014

In a recent Risk Management Update, we reported on an Illinois case in which Michael Finley, former NBA star, avoided liability on his personal

Another case where freedom of contract goes too far a perpetual contract

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • April 15 2014

In an earlier Risk Management Update, we reported on a case in which a court refused to enforce what it perceived as an unenforceable liquidated

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

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