(“Isn’t that remarkable…..”) The Plaintiff in Brne v. Inspired eLearning, 2017 WL 4263995, worked in sales for the corporate publisher defendant. His employment contract called for arbitration in San Antonio, Texas. When defendant failed to pay plaintiff his earned commissions, plaintiff sued in Federal court in his home state of Illinois under the Illinois Wage …
Category Archives: Civil Procedure
‘Surviving Partner’ Statute Defeats Fraud Suit in Mobile Home Spat – IL Court
The plaintiff in Jett v. Zeman Homes sued a mobile home seller for fraud and negligence after it failed to disclose a home’s history of mold damage and location in a flood zone. The plaintiff’s claims were premised mainly on an agent of the defendant mobile home owner who died during the course of the …
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Shortened ‘Arb Award’ Rejection Deadline Upheld Against Constitutional Attack – IL Appeals Court
The First District appeals court recently nixed a plaintiff’s constitutional challenge to a local rule’s arbitration rejection deadline. The opinion’s upshot is clear: when a supreme court rule conflicts with a statute, the rule wins. The plaintiff in McBreen v. Mercedes-Benz, USA, LLC argued her equal protection and due process rights were violated when a …