The Business Litigation Blog

The Grudge Producer Files Lawsuit Against Good Universe Production Company

Good Universe is a production company that currently holds the rights to the next remake of the Grudge series. The series, which is originally from Japan and known as Ju-On has been a wildly successful horror franchise since the early 2000’s. The series has grossed more than a quarter of a billion dollars worldwide. The original producer of the first Ju-On film, Taka Ichise, sold the rights for a fee and a producer credit on the new film. He claims he hasn’t received his producer credit yet. A lawsuit has been filed in the Los Angeles superior court over the producer credit and ability to produce on the film. Ichise has called this a willful breach of contract on Good Universe’s end. Ichise has worked on every film in the series to date and claims his ability to work on the current film is being blocked. Ichise claims that he has the...

Problems with E-commerce in Business Litigation

The United States Court of Appeals for the Seventh Circuit held that injuries could be claimed against Barnes & Noble, Inc., because “scoundrels had compromised” its PIN pads used to verify payment information. They had obtained names, card numbers, expiration dates, and PIN numbers. Damages permitted include a California plaintiff’s loss of use of money for three days even though trifling and purchase of a credit-monitoring service by an Illinois plaintiff. The Court did not consider liability questions even though merchants may not be liable for “failure to crime-proof their point-of-sale systems,” and was not opining that the case was appropriate for certification as a class action. The case is worth noting for its damages holding and bears watching as the District Court decides these other matters.  ...

Landlord Loses Commercial Real Estate Action for Rent Accruing Before it Purchased the Property

In most cases, the buyer of property wants to know whether the tenants have paid the rent and, if they haven’t, how much they owe.  The purpose of obtaining that information is to decide what to do about it, however.  Simply buying commercial real estate does not give the purchaser any right to rent that wasn’t paid by the tenant before the purchase, according to a recent case decided by the Appellate Court of Illinois, First District:  1002 E. 87th Street LLC v. Midway Broadcasting Corp., et al. This could have been handled in the real estate contract or a separate agreement transferring account receivables to the purchaser.  If there was a substantial arrearage, a discount to the purchase price perhaps could have been negotiated.  Here, however, there was no lease provision or separate contra...

Insurance company loses declaratory judgment action and owes a duty to defend

Every lawyer who claims to have experience with insurance coverage litigation knows that there is a difference between the duty to defend and the duty to indemnify.  If the complaint filed against the insured sets forth a covered claim, the insurance company will owe a duty to defend (paying an attorney and the costs of the litigation) even if the facts ultimately show that there is no duty to indemnify (pay a settlement or a judgment if the insured loses the case).  A recent case from the Appellate Court of Illinois, First District, American Access Casualty Co v. Novit, et al, recently explained these concepts in a well-reasoned opinion, but might be more interesting for a point of civil procedure.  The insurance company presented two reasons why it did not owe a defense.  The trial court disagreed...

Who can file a wrongful death lawsuit?

If you lost someone close to you as a result of someone else’s carelessness or negligence, you may be wondering if you can file a wrongful death lawsuit against them. As our wrongful death lawyer can tell you, getting justice is not just about getting a substantial settlement; it’s also about sending the message that a senseless death should not go unpunished. We may be able to help you hold the at-fault party accountable. State Laws Regarding Wrongful Death Lawsuits Laws vary slightly from state to state when it comes to pursuing a wrongful death lawsuit. In particular, the determination of who qualifies to file the suit are somewhat different. A wrongful death lawyer can examine your case and provide you more information as to whether or not you may be able to file the lawsuit. Those Who Qualify to File a Wrongfu...

Seeking Justice for the Wrongful Death of Your Loved One

If you are reading this article, it is possible that you are currently enduring a deep period of grief, sadness and devastation over the loss of a loved one. This person may have been taken away too soon, due to the negligence or carelessness of another person. Losing a cherished loved one before their time can cause substantial anger and agony. You may be lacking energy to go about your daily life and are having trouble taking care of responsibilities, as you go through this excruciating time. You may have not had the opportunity to say goodbye, and now you must deal with the aftermath of a such a tragic accident. Here in this article, we have answered common questions a loved one of the deceased may ask themselves when handling a wrongful death.   What exactly is wrongful death? When the term wrongful death...

Ripple is Being Sued for Marketing Itself as a Security

What is Ripple exactly? Ripple is often times lumped in with Bitcoin and other cryptocurrencies, but it is not the same and offers more than a traditional cryptocurrency can at face value. Ripple is a currency exchange, real-time gross settlement system, and remittance network. Ripple can handle 1500 transactions per second (tps) and can scale to handle 50,000 tps to compete with Visa. Ripple was never created to be primarily used by consumers. Ripple uses shared public databases that use a consensus process between validating servers to ensure integrity. This is where the confusion comes in and the comparison to all other block-chain based technologies begin. The servers used could be owned by anyone, including individuals or banks. The Ripple protocol (represented by XRP and colloquially known as ripple) can enable the...

LLCs Protect Real Estate Investors, But Can Be Damaging During Proliferation

The New York Times of April 30, 2018, had an article about Limited Liability Companies, some of which own real estate, and take advantage of the anonymity and limited liability features offered by the Limited Liability Company Acts existing in most states.  These protections are not available to most small real estate investors.  Most banks will not finance the purchase of a two-flat or a three-flat by an LLC.  Only the larger investors such as Sean Hannity, who invested in troubled properties through a large LLC, can take advantage of this.  The Times missed another issue, one that affects corporations and LLCs.  The proliferation of corporate and LLC affiliates, subsidiaries, and parents can work a fraud on the unsuspecting.  One LLC will have two members, each an LLC, each of those LLC...

Chicago Rapper King Louie Sues for Breach of Contract

Chicago native and drill rapper King Louie has sued his Chicago based record label for breach of contract. Louie, whose real name is Louie Johnson, is suing Lawless Inc. in the Cook County Circuit Court. He is suing because he met the requirements of a recording contract where he had to put out 5 albums in 5 years. Lawless allegedly breached the contract by not making royalty payments to Louie. Louie has since demanded access to books and records. When Louie received some financial records he alleged that the report did not add up to the amount of money he is owed for his works. He cannot ascertain how much he should have received. He is suing for $50,000 in damages and the amount of money he should have received in royalties. If you have a breach of contract claim, contact Thomas E. Patterson at tpatterson@patterso...

Radiohead Sues Lana Del Rey for Copyright Infringement

Rumor has it that Radiohead might sue Lana Del Rey for copyright infringement over her songGet Freeand its similarities to their breakout hit,Creep. Lana Del Rey offered Radiohead 40% of the publishing money from the song, but Lana alleges that Radiohead and their attorneys will only accept 100%. Del Rey posted in a tweet “It’s true about the lawsuit. Although I know my song wasn’t inspired byCreep, Radiohead feels it was and want 100% of the publishing – I offered up to 40 over the last few months but they will only accept 100. Their lawyers have been relentless, so we will deal with it in court.” Radiohead has not made a statement. The irony of the situation is Radiohead’s claim is over a song that they were sued over. The Hollies sued Radiohead and won when they heard similarities between The Hollies’The Air I Brea...

 
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