Description
-, 102, and 108). Plaintiff sought to enjoin Mr. Wilson from selling prescription safety eyewear. After TRO was entered by the court against Client, Mr. Bagdady was retained to defend against the preliminary and permanent injunction actions. Pleadings were amended to add affirmative defenses of Plaintiff's breach of contract, unclean hands, waiver/estoppel, and claim that contract was unenforceable. Case involved analysis of legitimate business interest standards under Supreme Court decision in Reliable Fire, analysis of the nature of confidential information and trade secrets, analysis of the nature of near permanent customers, and legally permissible restrictions. Defense Motion to Dissolve the TRO filed on May 16, 2013, and the case settled immediately thereafter on June 18, 2013. Opposing Counsel: SEQ CHAPTER \h \r 1D. Cass Wennlund (Wennlund and Associates). Dr. Timothy Harris adv. Dr. David Luaces, Circuit Court of Lake County, Chancery Division, Case 2015 CH 1546. Judge Mitchell L. Hoffman. Petitions for TRO, Preliminary Injunction and Permanent Injunction filed against client, Dr. Timothy Harris, concerning interpretation and enforcement of non-compete provision contained in business sales agreement. Petition for Temporary Restraining Order withdrawn following responsive brief filed on behalf of Dr. Harris. Petition for Preliminary Injunction withdrawn after Dr. Harris filed his Motion to Strike and Dismiss. Favorable settlement reached and case dismissed with prejudice. Opposing Counsel: Scott Richmond (Ariano, Hardy, et al.). Conversion/Securities Litigation/UCC Litigation David R. Weiler, et al., v. Lamar Jensen, et al., U.S. District Court, Northern District of Illinois, Case 03 SC 2116. Judge Bucklo. Complaint for securities fraud arising out of sale of corporate bonds issued by Pacific Nakon International (face value of $3.6 million). Claims filed for fraud in the inducement breach of stock purchase agreement, declaratory judgment and injunctive relief, and breach of implied contract. Judgments entered for clients in the sum of $7,445,219.00. Bill Marek the Competitive Edge, Inc. v. Mickelson Group, Inc., Circuit Court of DuPage County, Case 00 L 446. Judge Stephen J. Culliton and Patrick J. Leston. Claim to recover commissions due in the principal sum of $65,000. Claims filed for Conversion and Imposition of Constructive Trust. Summary judgment entered in the sum of $75,299.00. Plaintiff prevailed at judgment, on appeal, and in post-judgment recovery actions. Judgment Debtor's petition to appeal to the Supreme Court was denied. Post judgment actions included citation, non-wage garnishment, and petition to impose judgment upon corporate principal following transfer of corporate assets. Full judgment recovered. Opposing Counsel: James J. Flood. Prairie Business Credit, Inc. v. JCPenney Corporation and Casa Creations, Inc. Demand letter issued July 16, 2014, based upon an Assignment to Factor of Accounts. Legal issues involved U.C.C. sections 309 (2) (termination provisions) 9-402 (liability of secured party) 9-406 (d) (restrictions on transfer assignment or enforcement of security interest). Opposing Counsel: Rodolfo Rodriguez (JCPenney Legal Department). Settlement reached in the sum of $45,000 on August 29 2014.
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