Author Archives: kmaynard

Why Lawyers Are Important

Whenever I tell someone that I am a lawyer I brace myself for the onslaught of lawyer jokes. Sometimes it seems that everyone loves to hate lawyers — until they need one. My response to lawyer-haters is simple: There are … Continue reading

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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

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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

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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

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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

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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

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