In GoHealth, LLC v. Zoom Health, Inc., 2013 WL 6183024, the Northern District provides a detailed summary of the necessary Illinois pleading elements of some signature business torts in a diversity contract dispute involving the sale of insurance products. Plaintiff and defendants entered into a written agreement where plaintiff would sell insurance product leads to defendants for …
Author Archives: PaulP
Summary Judgment Practice: When The Deposition Clashes With The Affidavit
A summary judgment motion axiom posits that you can’t contradict prior sworn deposition testimony with a later affidavit in order to create a triable fact dispute. A crude example: if in a deposition you say “I didn’t suffer any monetary damages”, you can’t file an affidavit later in the lawsuit where you say “actually, come to think …
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Employee Handbooks: Are They Enforceable Contract Rights?
When I hear the perks enjoyed by some corporate employees – the flex time, the telecommuting, bosses who live and work in other states, getting to “work” from home about 310 days a year in jammies, etc. – I can’t help but be a bit mystified and envious. “I know I went to Starbucks 18 times today and …
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