Litigation over pictures of the Indianapolis skyline form the backdrop for the Seventh Circuit’s recent examination of the elements of a proper affirmative defense under Federal pleading rules and the concept of ‘finality’ for res judicata purposes in Bell v. Taylor. There, several small businesses infringed plaintiff’s copyrights in two photographs of downtown Indianapolis: one …
Tag Archives: FRCP 8
Corporate Officer Can’t Tortiously Interfere with His Company’s Contract; No Punitives for Breach of Contract – ND IL
In Richmond v. Advanced Pain Consultants, P.C., 2015 WL 4971040 (N.D.Ill. 2015), the plaintiff sued the defendants – two companies that operated suburban (Chicago) pain clinics and their doctor principal – claiming several thousand dollars in unpaid computer and accounting services plaintiff performed at the clinics over a several-month period. The plaintiff brought claims for overtime under the Federal Fair Labor Standards …
No Fiduciary Duty Owed Lender By Closing Agent in Botched Real Estate Deal
In Edelman v. Belco Title & Escrow, LLC (http://law.justia.com/cases/federal/appellate-courts/ca7/13-2363/13-2363-2014-04-25.html) the plaintiffs sued an escrow agent after investing $3M in a failed real estate deal. The plaintiffs invested the monies directly with the developers of a mixed-use project. The plaintiff never met with nor spoke to the defendant escrow agent and there was no document that formalized …
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