Priority disputes happen a lot in mechanics’ lien litigation. Typically, a mortgage lender claims that its first-filed mortgage trumps a later-filed mechanics lien. The “trumps” part is activated if and when the property is sold and there aren’t enough proceeds to pay both the lender and contractor. If the lender’s mortgage has priority, it gets first dibs on the sale proceeds, leaving the …
Tag Archives: M3R
Fee Shifting – Is ‘Prevailing Party’ Language Required?
I see this often: plaintiff sues a defendant for breach of contract. The defendant has more financial resources than the plaintiff and the contract doesn’t have an attorneys’ fees provision. Meaning, each side is responsible for its own fees. After several months, the plaintiff gets financially (and mentally) worn down by the richer defendant – who by now …
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Medical Practice Break-Up Spawns Non-Compete Dispute
The bitter breakup of a medical practice provides the setting for the Illinois Fifth District to consider the scope of a non-compete clause and how it impacts a minority shareholder’s buy-out rights. Gingrich v. Midkiff, 2014 IL App (5th) 120332-U presents a dispute between two former partners in a medical corporation. At the medical practice’s inception – …
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