An Illinois appeals court recently considered the interplay between the corporate survival statute, 805 ILCS 5/12.80 (the “Survival Act”), which governs lawsuits against dissolved corporations) and when someone can bring a direct action against another person’s liability insurer. The personal injury plaintiffs in Adams v. Employers Insurance Company of Wasau, 2016 IL App (3d) 150418 sued …
Category Archives: Business Torts
Debtor’s Refusal to Return Electronic Data = Embezzlement – No Bankruptcy Discharge – IL ND
FNA Group, Inc. v. Arvanitis, 2015 WL 5202990 (Bankr. N.D. Ill. 2015) examines the tension between the bankruptcy code’s aim of giving a financial fresh start to a debtor and the Law’s attempt to protect creditors from underhanded debtor conduct to avoid his debts. After a 15-year employment relationship went sour, the plaintiff power washing company …
Third Party Enforcement of A Non-Compete and Trade Secret Pre-emption – IL Law
(photo credit: www.glogster.com) In Cronimet Holdings v. Keywell Metals, LLC, 2014 WL 580414 (N.D.Ill. 2014), the Northern District of Illinois considers whether a non-compete contract is enforceable by a stranger to that contract as well as trade secret pre-emption of other claims. Facts and Procedural History Plaintiff, who previously signed a non-disclosure agreement with a defunct metal company (the “Target …
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