A common cautionary tale recounted in 1L contracts classes involves the crafty debtor who secretly short-pays a creditor by noting “payment in full” on his check. According to the classic “gotcha” vignette, the debtor’s devious conduct forever bars the unwitting creditor from suing the debtor. Whether apocryphal or not (like the one about the newly …
Category Archives: Business Torts
No Automatic Finality Where Pleading Never Amended After ‘Without Prejudice’ Dismissal – IL Court
Richter v. Prairie Farms Dairy, Inc.’s, (2016 IL 119518) essential holding is that a prior dismissal without prejudice doesn’t convert to a final order for res judicata or appeal purposes where a plaintiff fails to amend the dismissed pleading within the time deadline set by the court and the movant defendant doesn’t seek a dismissal …
Commission Payment Terms in Employment Contract Trump Cable Rep’s ‘Procuring Cause’ Claim in Sales Contract Spat – IL Court
I once represented a client who sued his former employer – an energy company – for unpaid commission and bonuses. Before he hired me, the client filed a pro se administrative claim with the Illinois Department of Labor (DOL) to recover the monies. The DOL found in my client’s favor but could not decide on …