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 …

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 – …

Lawyer’s Breach of Fiduciary Duty and Constructive Trust Claim Against Ex Law Partner Barred By 5-Year Statute of Limitations

  Jimmy Connors is one of my all-time favorite tennis players and professional athletes.  Not just because he was such a fiery competitor who seemed to literally spill his blood and guts every time he took the court.  But because of his racket. In an era dominated by space-age racket technologies like Kevlar, ceramics and …