The plaintiffs in Byram v. Danner, 2018 IL App (4th) 170058-U, sued after their planned purchase of a Remax real estate franchise imploded. The plaintiffs missed an installment payment and the defendants responded by cancelling the agreement. Plaintiffs then filed a flurry of tort claims including fraud and tortious interference with contract. Plaintiffs’ fraud count …
Tag Archives: motion to dismiss
Business Lender States Fraud Claim Versus Corporation But Not Civil Conspiracy One in Loan Default Case – IL 1st Dist.
When a corporate defendant and its key officers allegedly made a slew of verbal and written misstatements concerning the corporation’s financial health to encourage a business loan, the plaintiff lender filed fraud and civil conspiracy claims against various defendants. Ickert v. Cougar Package Designers, Inc., 2017 IL App (1st) 151975-U examines the level of specificity …
Non-Parties Can Enforce Sushi Restaurant Franchise Arbitration Clause – IL Court
(photo credit: https://www.amazon.com/SUSHI-SOCKS-Salmon-Tamago-Europe/dp/B0776Y99TY) In a franchise dispute involving a sushi restaurant in the Chicago suburbs, the First District in Kim v. Kim, 2016 IL App (1st) 153296-U examines the scope of contractual arbitration clauses and when arbitration can be insisted on by non-parties to a contract. The franchisee plaintiff sued the two principals of the …
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