Some key questions the Court grapples with in Laba v. CTA, 2016 WL 147656 (N.D.Ill. 2016) are whether an employee who sleeps on the job or runs personal errands on company time opens himself up to a breach of fiduciary or fraud claim by his employer. The Court answered “no” (fiduciary duty claim) and “maybe” (fraud claim) in an employment …
Tag Archives: FRCP 9
12(b)(6) Motions and Fraud Pleading Rules – A Case Note
Wojcik v. Interarch, Inc., 2013 WL 5904996 (N.D.Ill. 2013), provides a good summary of the factual allegations required to allege fraud and civil conspiracy claims. The plaintiffs sued a national franchisor and its site development consultant for fraud and other business torts when their Saladworks franchise failed. Defendants moved to dismiss all claims. Held: motion granted in part; …
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