Q: Does a general contractor transform into a subcontractor where a property owner sells its property to a third party AFTER the general contractor completes its improvements but BEFORE it records its mechanics lien? A: No. Q: Does it matter? A: Yes. Because unlike a general contractor, a subcontractor must serve a 90-day notice to the new owner in order …
Author Archives: PaulP
12(b)(6) Motions and Fraud Pleading Rules – A Case Note
Wojcik v. Interarch, Inc., 2013 WL 5904996 (N.D.Ill. 2013), provides a good summary of the factual allegations required to allege fraud and civil conspiracy claims. The plaintiffs sued a national franchisor and its site development consultant for fraud and other business torts when their Saladworks franchise failed. Defendants moved to dismiss all claims. Held: motion granted in part; …
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Jane Austen You Ain’t! Guidance Counselor Loses First Amendment Suit
In Craig v. Rich Township High School District 227, et al. (12.3.13), a tenured high school guidance counselor and basketball coach pled himself out of court in his Section 1983 action alleging retaliation for self-publishing a book on relationship advice. The coach claimed the defendant School District violated his First Amendment right to free expression by …
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