The food company plaintiff in Kraft Foods v. SunOpta Ingredients, Inc., 2016 WL 5341809 sued a supplier of powdered buttermilk for consumer fraud when it learned that for over two decades the defendant had been selling plaintiff a buttermilk compound consisting of buttermilk powder mixed with other ingredients instead of “pure” buttermilk. Granting the defendant’s …
Author Archives: PaulP
Is It a New Contract Or Modification of an Existing One? Illinois Case Discusses Why It Matters
In business relationships that contemplate a series of reciprocal services, it’s at times unclear if extra services are being offered as a modification to an existing contract or are done as part of a new agreement. Landmark Engineering v. Holevoet, 2016 IL App (1st) 150723-U examines this sometimes fine-line difference and illustrates in stark relief …
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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