As worker mobility increases and employees working in one state and living in another almost an afterthought, questions of court jurisdiction over intrastate workplace relationships come to the fore. Another issue triggered by a geographically nimble workforce is whether a non-resident can invoke the protections of another state’s laws. Illinois provides a powerful remedial scheme for employees who are stiffed by …
Tag Archives: Illinois
Corporate Five-Year Winding Up or “Survival” Period Has Harsh Results for Asbestos Injury Plaintiffs – Illinois Court
An Illinois appeals court recently considered the interplay between the corporate survival statute, 805 ILCS 5/12.80 (the “Survival Act”), which governs lawsuits against dissolved corporations) and when someone can bring a direct action against another person’s liability insurer. The personal injury plaintiffs in Adams v. Employers Insurance Company of Wasau, 2016 IL App (3d) 150418 sued …
Car Seller’s Impossibility and Commercial Frustration Defenses Fail In Missing Mercedes Case – IL ND
(photo credit: www.sfcitizen.com (visited 7.6.15)) Sunshine Imp & Exp Corp. v. Luxury Car Concierge, Inc., 2015 WL 2193808 (N.D.Ill. 2015) serves as a recent example of how difficult it is for a breach of contract defendant to successfully argue the impossibility or commercial frustration defense. There, a case involving multiple layers of interconnected luxury car …