Monthly Archives: October 2015
The Illinois Supreme Court Clarifies Limitations Period for CRLTO Claims
(Originally posted in 2009) Landis v. Marc Realty, L.L.C., 235 Ill. 2d 1 (Ill. 2009) In this case, we defended Marc Realty, a landlord accused of violating the Chicago Residential Landlord Tenant Ordinance (“CRLTO”). Over four years after quitting an … Continue reading
Everything You Wanted to Know About Liquidated Damages, But Were Afraid to Ask
(Originally Posted on January 28, 2013) Everybody remembers liquidated damages from law school. The parties to a contract agree, at the outset, that damages flowing from a breach will be hard to ascertain. Accordingly, to avoid a costly fight in the … Continue reading
First District Upholds Judge Mitchell in Tujetsch v. Pusateri, et al.; App Ct. No 11-01965
(Originally Posted in July 2012) In 2006, Mary Tujetsch, the purchaser of a dental practice, brought a civil action against our client, Dr. Todd Pusateri. In a three-count amended complaint, Tujetsch alleged that she had not received all the “active patients” … Continue reading
Does the Wage Payment Act Apply to Deferred Compensation Payable Post-Separation?
The Illinois Wage Payment and Collection Act, 820 ILCS § 115/1, et. seq. (the “Wage Act” or “Act”) “levels the playing field” in employer-employee disputes over nonpayment of compensation by providing for recovery of attorney’s fees by a prevailing employee, … Continue reading
One That Got Away . . . Palsgraf Meets Pureed Broccoli in the Law of Felony Murder
Brackett v. Peters, 11 F.3d 78 (7th Cir. Ill. 1993) I argued this habeas corpus appeal in the Seventh Circuit 20 years ago — and lost. I was a young lawyer then, and this was one of the many pro … Continue reading