Pleading Fraud ‘On Information And Belief’ Fails Rule 9 Specificity Test

In Deschepper v. Midwest Wine and Spirits,2015 WL 1433230, the Northern District considered the necessary pleading allegations for claims based on the Illinois Wage Payment and Collection Act (“IWPCA”), common law fraud and successor liability in an employment dispute involving former salespersons of a liquor wholesaler.  The employer (and their principals) defendants moved to dismiss under …

Bagel Shop Successor Tenant Hit For Rent Damages and Attorneys’ Fees in Commercial Lease Case – IL First Dist.

The First District affirmed a money judgment of about $150,000 (including $70,000 in attorneys’ fees) in a commercial lease dispute  in Alecta v. BAB Operations, Inc., 2015 IL App (1st) 132916-U.  An unpublished opinion, it’s useful for its vivid illustration of the importance of lease drafting clarity and an assigning tenant documenting its intent to …

Expert Witness Testimony In Federal Court

Here’s a case that’s a little dated (2012) but still post-worthy for its detailed discussion of punitive damages and the standards for expert testimony admissibility in Federal court. In Baldonado v. Wyeth, 2012 WL 1520331, the Northern District partially granted a motion to bar plaintiff’s economics expert from testifying on plaintiff’s punitive damages and a defendant pharmaceutical …