In Thomas v. Weatherguard Construction Company, 2015 IL App (1st) 142785, the First District provides a thorough analysis of Illinois agency law as it applies to breach of contract claims for unpaid commissions. The court also discusses the parameters of the Illinois Wage Payment and Collection Act (“Wage Act”) and the universe of damages available under …
Tag Archives: IWPCA
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 …
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Forum Selection Clause Dismissal Not ‘On the Merits’ – Plaintiff Can Refile in Another State
A forum selection clause is a contract term that specifies where (as in what state) a lawsuit must be filed if there is a future dispute. In Fabian v. BCG Holdings, 2014 IL App (1st) 141576, Plaintiff sued his ex-employer (a spin-off of the Cantor Fitzgerald security firm whose NYC office was decimated in the …