Author: Rock Fusco Connelly LLC
1st District Rules Insurance Broker’s Non-Compete Clause Overbroad and Unenforceable
A state appeals panel in the 1st District recently ruled, in Assured Partners, et. al. v. Schmitt, that several provisions in an insurance broker’s non-compete clause were too broad and unreasonable, and therefore unenforceable. The ruling provides another reminder to employers that, since the Illinois Supreme Court’s holding in Reliable Fire Equip. v. Arredondo, in
Appellate Court Ruling Demonstrates How Agency Is Established In A Liability Suit
Agency is a legal concept by which the acts of an agent can bind or otherwise create liability for the principal. Though there is no precise formula for determining the existence of an agency relationship, the main consideration is the principal’s right to control the agent. A principal need not actually exercise control over the
Building a Case with Social Media
Back in 2014, a Miami area prep school failed to renew its principal’s employment contract. The principal filed suit for age discrimination resulting in a settlement for $150,000.00. However, $80,000.00 of the settlement would be surrendered if the principal were ever to disclose the terms of the settlement to anyone other than his wife. Unfortunately
Expanding the Wage Payment Collection Act – Shifting the Burden to Employers
In 2010, Illinois overhauled the Illinois Wage Payment and Collection Act (the “Act”) in an effort to aid employees in their attempts to seek compensation from employers. Unfortunately, that overhaul may have unforeseen, far reaching consequences that the General Assembly originally intended. In particular, the Illinois Department of Labor (the “Department”) has found itself with
Why Daily Fantasy Sports Could Get Sacked By A Weak Legal Protection Scheme
Since its creation in 1962, fantasy sports has seen a significant growth in both popularity and variation. Throughout the years, these games have been based on a consistent model, whereby individuals pay a single entry fee to draft a team and compete against other teams over the course of an entire professional sports season. In
A New Limit to Tenancy by the Entirety
Tenancy by the entirety is one of the greatest advantages available to married homeowners. The Joint Tenancy Act (the “Act”) protects married homeowners by not allowing the creditors of one spouse to seize the home of both spouses. As a result, it is one of the few assets that is thoroughly protected from the actions
“For Cause” – How Two Words Could Cost Twelve Million Dollars
On February 1, 2006, Wallace Leyshon was in his office at Diehl Controls North America, Inc. (DCNA), when the CFO and the new chairman of DCNA, Dr. Weigand, unexpectedly entered and fired him. However, Leyshon was under contract and asked for a reason for his termination. Weigand initially refused to tell him, so Leyshon went
Finding Joint Ventures in the Facts, Not the Contract
In the complex world of joint ventures, companies often will attempt to work together, while avoiding the term of art of “joint venture” in order to avoid potential legal implications that may follow. Take, for example, a recent case involving Michael Hiatt, an employee of Western Plastics, flame-retardant plastic manufacture. While working on the plant,
The Importance of Compliance with the Davis- Beacon Act
Recently the 7th Circuit Court of Appeals upheld nine convictions against a subcontractor who had provided work on a state and federally funded highway project after it failed to comply with the Davis-Beach Act, (the “Act”). Clark Trucking and Excavation (“Clark”) was charged with knowingly making materially false statements on matters “within the jurisdiction of
First District Addresses Insurance Provider’s Right to Challenge Settlement despite Previously Forfeiting Its Right to Control Litigation
A recently decided First District Appellate case has provided clarity in regards to an insurance company’s ability to challenge settlements, particularly when an insurance company has already forfeited its right to control the litigation by reserving its right to deny coverage. In particular, Central Mutual Insurance Co. v. Tracy’s Treasures, Inc., 385 Ill. Dec. 904