Breach of contract Archives

A woman is suing American Airlines after allegedly being exposed to toxic fumes during a flight, causing her to suffer a nearly fatal stroke.

Vida Chenier says that on March 26, 2008, she was a passenger on American Airlines Flight 2073 from O'Hare to San Juan, Puerto Rico, when the following occurred:

- Toxic fumes or contaminated 'bleed air' allegedly entered the passenger cabin through the aircraft's ventilation system. 
- Chenier began experiencing hypoxia, also known as oxygen deprivation, as well as difficulty breathing and began to cough violently and develop a severe headache.
- In the two days following her arrival in San Juan, Chenier's symptoms worsened and on March 29, 2008, she began to cough up blood.
- On April 4, 2008, Chenier suffered a nearly fatal stroke.

Continue reading after the jump, including a copy of the complaint.

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A member of the Chicago Teachers Union says he was denied the right to speak at a CTU meeting and was suspended without pay in retaliation for attempting to run against Marilyn Stewart for the position of union president.

Ted Hajiharis says that on January 14, 2010, he attended a House of Delagates meeting where he "attempted to speak about important union business," that Stewart was in violation of the rules and by-laws by prohibiting a run off candidate from speaking with voters, but he was prevented from exercising his right to speak at the meeting. 

The complaint states that prior to the meeting, "defendants became suspicious that Hajiharis was going to run for the office of president of the CTU."

Continue reading after the jump, including a copy of the complaint.

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A class action lawsuit has been filed against L.A. Fitness alleging that its "early termination fees" in its personal training agreements is designed to lock-in clients and deter unsatsfied clients from canceling or switching personal trainers.

Jay Mau says that in October 2009 he entered into a fitness service agreement for four personal training sessions per month for two people - Mau and his fiance - for twelve months but when he scheduled his sessions, trainers either didn't show up or a non-certified personal trainer was sent.

Mau cancelled his contract and was charged $660 - 50% of the remaining balance of the contract - as an "early termination fee," the complaint states.  

Continue reading after the jump, including a copy of the complaint.

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Read most recent update here.

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Judge says no. Read more here.

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The following entry was posted by Bar-tender on February 23, 2010.

The Chicago Teachers Union is suing the Chicago Board of Education to stop it from designating certain schools for "turnaround" and "consolidation" which the CTU argues would effectively lead to layoffs and would also be a violation of the REAL (Recognizing Excellence in Academic Leadership) and TAP (Teacher Advancement) programs.

According to the complaint, Deenen Elementary School is a participant in TAP and initiated the REAL program for the 2009-10 school year.  The Board of Ed will vote on Wednesday, February 24th on whether Deenan will be subject to "turnaround" by the Academy for Urban School Leadership ("AUSL"). 

The complaint states that a turnaround means students stay at the school, new staff is brought in and current staff is laid off.  The CTU argues that Deenan has only been in the REAL/TAP program, designed to be a four year program, for six months and has not yet had a chance to succeed and the opportunity to be judged fairly at this point.

Keep reading after the jump, including a copy of the complaint.

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The fitness company Unicus Performance Training is suing Harpo after Harpo allegedly terminated an agreement with Unicus to develop a program for the "O Fitness Challenge."

According to the complaint, in June 2008, Unicus was approached by Harpo to create a corporate fitness challenge specifically for Harpo employees, with incentives being the right to issue two press releases announcing the relationship as well as at least five corporate referrals and professional introductions. 

Between August 2008 and March 2009, Unicus designed and created a program and was continually asked to expand it, with 341 Harpo employees enrolled by March 2009, but no press release was created and no corporate referrals provided, the complaint states. 

Plaintiffs Dina Castillo and Frank Nunez, principal owners and operating members of Unicus, say that they were then asked in March 2009 to participate in an Oprah Radio XM program hosted by Bob Green, Oprah's former trainer, and Castillo and Nunez sent an email announcement to their clients to promote the show.

Shortly thereafter, their agreement with Harpo was terminated, the complaint states.  According to the complaint, the reason given was that Castillo and Nunez violated their confidentiality agreement with Harpo when they published that they would be on the Harpo affiliated radio show with Bob Green.

Unicus then sent an invoices for over $63K to Harpo but were told that they violated the agreement and that their services were "voluntary."

Read the complaint after the jump.

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A class action lawsuit was filed today alleging that Grant's Appliances in Joliet is not honoring rebates it previously advertised.

During 2009, Grant's advertised and promoted a rebate program, under which customers spending a certain amount would receive a rebate for free groceries or gasoline, the complaint states.

According to the complaint, the named plaintiff, Cheryl Craigo, made purchases pursuant to the program, was issued gas vouchers and received emails that she was a participant in the program.  The complaint states that the following then occurred:

- BBZ Resource Management, who Grant's had contracted with to conduct the rebate program, filed for bankruptcy.
- Grant's issued a statement that a new rebate program would be implemented with My Free Travel, another company, for the price of $9.95.
- Craigo paid the $9.95 and received rebate coupons.  However, about six months later, she received an email that My Free Travel had "ceased operations."
- Grant's sent an email to its customers offering a 20% discount, up to $1000, on the purchase of any regularly priced merchandise if the customer released Grant's from any obligation under the BBZ and My Free Travel programs.

The complaint states that the offer by Grant's is deceptive, unfair and without consideration because, among other things, "it is unfair to require persons who are presently entitled to rebates to have to make new purchases in order to have their contracts fulfilled."

Read the complaint after the jump.

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A class action lawsuit has been filed against AT&T alleging violation of state and federal law prohibiting taxation on internet access.

According to the complaint, AT&T improperly charges Illinois customers state and local sales tax on internet access on its monthly bills.  It lists the charges as a separate charge on bills to customers, the complaint states.

The complaint states that the Internet Fairness Act prohibits state and local governments from imposing taxes on internet access and, while Illinois law imposes a tax on telecommunications service, it does not impose it if it is already prohibited by federal law.

Read the complaint after the jump.

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A pet care service company says a former employee used Craigslist and Yelp to post defamatory ads and reviews about it.

Urban Out Sitters says that in August 2009 it hired defendant Christopher Pesch and he signed their Employment Agreement, which contains a non-disparagement clause, but he was terminated shortly thereafter.  The complaint states that Pesch then willfully and maliciously posted defamatory classifieds on Craigslist and reviews on Yelp "insinuating that Plaintiff 'beat and hit dogs' and that Plaintiff's past clients 'had experiences that traumatized their pets'".

The complaint also states that Pesch contacted Urban Out Sitters' clients with the intent to cause them to abandon Urban Out Sitters and that the plaintiff has lost current and prospective clients.

Urban Out Sitters asserts claims for defamation, tortious interference with a prospective business advantage and breach of employment agreement.

Read the complaint after the jump.

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A daughter is suing Blue Cross Blue Shield for allegedly refusing to transport her dying mother from a substandard hospital in Mexico, where they were vacationing at the time her condition worsened, back to the United States.

Jacqueline Shenberger says that on February 12, 2008, while she was on vacation in Cancun, Mexico with her own daughter Ashley and her mother Connie, who had lung cancer, Connie became ill and suffered a seizure in the parking lot of the hotel.

Connie was transported to Ameri-Med Hospital in Cancun where Jacqueline presented her mother's Blue Cross Blue Shield (BCBS) insurance card but was refused admission until she could pay $5,000, the complaint states.  The complaint then states that the family raised $2,500 and the hopsital settled for that amount.

According to the complaint, the following then occurred:

- Connie's condition worsened and she developed pneumonia and lost lucidity.
- The family was unable to locate hospital personnel when it needed assistance, construction workers walked in and out of the room regularly, staff did not was their hands between seeing patients and the family was constantly threatened with removal of Connie to a state hospital upon expiration of her insurance benefits.
- The family was told to watch Connie because the medication she was on could cause her to swallow her tongue.  Connie's condition worsened to the point that she needed to be on a ventilator.
- BCBS informed the family that Connie only had a $50,000 lifetime benefit outside of the U.S.
- Ameri-Med consistently asked the family to provide more money to keep Connie there or risk transferring her to a state hospital, which they were told would not be in her best interests.
- For ten days, the family contacted BCBS and requested that Connie be transported back to the United States for proper treatment of her condition.  BCBS refused on each occasion.
- On February 23, 2008, Jacqueline Shenberger, through credit cards and family loans, raised $18,000 to transfer her mother back to the U.S. via Med Jets Now.

Continue reading after the jump, including a copy of the complaint.

Follow me on Twitter @jenfernicola.

A Chicago man is suing his insurance company for allegedly failing to compensate him for the loss of two violin bows valued at $290,000.

Zoran Stoyanovich says that he was the owner of two violin bows - one by Nicolaus Kittel valued at $155,000 and one by Francois Xavier Tourte valued at $135,000 - that were insured under a policy with AXA Art Insurance Corporation.  According to the complaint, the following occurred:

- In June 2007, Stoyanovich entered into an agreement with an agent from Bromptons Auctioneers to find a buyer for the bows.
- Bromptons transferred custody of the bows to a third party, who purported to have located a purchaser.
- The bows were transferred to the purchaser, who refuses to pay for or return them.
- In November 2009, Stoyanovich gave timely notice of the loss to AXA but AXA denied the claim.

Read the complaint after the jump.

Follow me on Twitter @jenfernicola.

A lawsuit has been filed against the Chicago Spire for allegedly failing to pay for media planning services.

OMD USA says that it entered into a contract with Chicago Spire and its managing member Shelbourne Development Group in June 2007 where it was agreed that OMD would perform media planning services on their behalf, which it did at a rate of $42,083.00 per month. 

According to the complaint, defendants have failed and refused to pay invoices for the months of April through September 2008. 

OMD is suing for $305,150.31, which includes past due invoices as well as reimbursable expenses for subcontractors used in connection with the work performed by OMD.

Read the complaint after the jump.

Follow me on Twitter @jenfernicola.

Talk show host Montel Williams is being sued over an alleged breach of contract involving the International Team Poker League created by him.   

According to the complaint, Guardian Gaming entered into an agreement with IPL where Guardian would own 25% of the business and paid $300,000 to IPL as an initial investment. 

However, before Guardian could make any more payments, IPL terminated the agreement, the complaint states.  The complaint further states that Guardian requested a refund of its initial investment but IPL has proposed to repay in stages, which Guardian rejected and demanded repayment of the full $300,000.

Read the complaint after the jump.

Follow me on Twitter at jenfernicola.

Oprah Winfrey's featured design expert, Nate Berkus, has had a leaky roof in his office for over two years and is now suing.

Nate Berkus Associates filed a lawsuit today against a roofing and construction company, alleging that water leakage problems dating back to 2007 have still not been properly addressed. 

Berkus says that, after defendants recaulked the area, it still continued to leak. In response to further complaints by Berkus, the defendants presented a bid and work proposal for reconstruction of the work they were originally retained to perform, the complaint states.

Read the complaint after the jump.

Follow me on Twitter at jenfernicola.

Jon Gosselin's legal woes have made their way to Illinois.

One of his ex-girlfriends - Kate Major, the former Star magazine reporter (a/k/a Kate 2.0) - is being supboenaed for deposition testimony and production of documents with respect to the ongoing lawsuit against Jon filed in Maryland by the TLC production company, Discovery Talent Services.

Kate Major is apparently a resident of Glenview, Illinois and, according to the subpoena, is believed to be "in possession of information and/or records" relevant to the allegations that Jon breached his contract with Discovery Talent when he appeared on Larry King and many other shows - or, as they put it in the subpoena, when he "repeatedly rendered unauthorized services for various media outlets."

According to Schedule A of the supboena, Discovery Talent wants to know what Kate 2.0 knows about:

- Compensation for Jon's appearances on Entertainment Tonight and/or photos in UsWeekly, among other things
- Proposals made by Jon for possible future shows such as "Jon - Kate = Jon + Octomom" and "Divorced Dad's Club"
- Several possible endorsement deals, including Ed Hardy and The Jewish Values Network

Read the supboeana after the jump.

Follow me on Twitter at jenfernicola.

A class action complaint has been filed regarding "Work from Home" ads on the internet, asserting they are deceptive and misleading.

Barbara Ford, the named plaintiff who is described as "elderly, retired and on a fixed income," clicked on an advertisement link located on her AOL homepage pitching a Google 'work at home' opportunity and "reasonably believed" this was a Google offer and did not know that Google had nothing to do with the product being sold by defendant Pacific WebWorks.

Ford agreed to pay $1.97 for the "Google Business Kit" and didn't realize she would also be charged an additional $79.90.

Ford called Pacific WebWorks and informed them that she never authorized the charge and never received her Google Kit.  She asked for a refund but was refused.  Because Ford was concerned that she would continue to be charged by Pacific WebWorks, she cancelled her credit card.

The complaint asserts violations under the Uniform Deceptive Trade Practices Act and the Automatic Contract Renewal Act, among other things.

Read the complaint after the jump.

Follow me on Twitter at jenfernicola.

A class action lawsuit has been filed against AT&T for alleged bogus and unauthorized directory assistance charges.

Jeffrey Hickel says that when he noticed a $5.00 charge for "Network Connections USA" on his November 2008 phone bill, he called AT&T who "claimed ignorance of the charge." The customer service representative stated that AT&T had been told by Network Connections to put the charge on Hickel's bill for an unspecified service.

Hickel then contacted Network Connections directly and learned it was a prepaid directory assistance service.  Hickel informed Network Connections that he never ordered or authorized the service and wanted it removed from his bill.  When Hickel reviewed all of his past statements, he noticed the $5.00 charge first appeared in September 2007. 

AT&T removed the charge from Hickel's bill but never refunded him for the past charges, despite his repeated demands and their promises to do so, the complaint states. 

The complaint notes that billing customers for telecommunication services that the customers never ordered or authorized is known as "cramming."

Read the complaint after the jump.

Follow me on Twitter at jenfernicola.

UPDATE:  Chancellor Richard Herman resigns.  Read more here.

The entry below was originally posted by the Bar-tender on 10/20/09.

The University of Illinois at Champaign-Urbana (as it is named in the lawsuit) and its trustees are being sued for admitting students of VIPs who are otherwise unqualified.

According to the class action complaint filed by Jonathan Yard on behalf of himself and anyone denied admission to the school between 1999 and 2009 after paying the admission application fee, the school's trustees have a "clout list" that essentially works to ensure that those with "clout" but otherwise lower credentials are still admitted to the school, despite protests of admissions officers.

The complaint details an investigation published by the Chicago Tribune on May 29, 2009 that uncovered a "shadow admissions system," where

politically appointed trustees and lawmakers routinely behave as armchair

admissions officers advocating on behalf of relatives and neighbors -- even

housekeepers' kids and families with whom they share Hawaiian vacations.

They declare their candidates "no brainers" for admission and suggest that if

they are not accepted, the admissions system may need revamping.

The complaint asserts, among other things, a count of fraud since the admissions catalog stated that the school places the heaviest weight on objective academic criteria and "omits any reference to political clout and/or connections being relevant to the admissions process."

Read the complaint after the jump.

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You may have heard by now - there's a beef with that big building on W. Van Buren.  Basically, there was an auction in August and British developer Bill Davies won with a bid of $40million.  The runner up was Nathaniel Hsieh (who is a Chicago attorney as a matter of fact).

Now, Davies is no longer a potential buyer (and not likely to get his $4million deposit back) and instead of going to Hsieh, the post office is reaching out to auction participants to solicit new bids.

Hsieh is not happy about that and, arguing it is a breach of contract, filed a lawsuit (technically, his company, Investor Immigration Funds, is the plaintiff).

Read Hsieh's complaint after the jump.

Read more on this here.

For Tweets of recent legal filings and legal news, follow me on Twitter at jenfernicola.

A man is suing his former attorney and T-Mobile for intercepting his private communications.

According to the complaint, on various occassions over the last year, defendant Yevgeniy Vaysman "intercepted, copied and disseminated communications between plaintiff and other recipients that originated through electronic communications using the facilities of defendant T-Mobile." 

The unnamed plaintiff, going by A.N. Anymous, asserts that Vaysman distributed or threatened to distribute the communications for the purpose of causing emotional harm to plaintiff.  Plaintiff further asserts that Vaysman intended to disrupt the harmony and continuation of plaintiff's marriage and family.

T-Mobile, according to the complaint, "failed to maintain the security of [plaintiff's communications] permitting them to be disclosed to unauthorized third parties, in this case, defendant Vaysman."

Read the complaint after the jump.

For Tweets of recent legal filings and legal news, follow me on Twitter at jenfernicola.

Bears' player (the one with the injured wrist) sues

Chicago Bears' Brian Urlacher filed a lawsuit Friday against an autograph and sports memorabilia company for terminating their contract.  Apparently, the company, Dreams Inc., sent Urlacher a letter following his wrist injury indicating that their contract was terminated "for cause" due to his "career ending" injury.  Read more about it here.

Owner of Blackhawks suing state

If you've been following Blackhawks owner Rocky Wirtz's battle with the state over the new liquor tax, you may be interested in reading the injunction filed today after the jump.

A DuPage couple and a Schaumburg couple are seeking an injunction against an Illinois corporation to protect their Chicago Bears' season tickets.

According to the complaint, in 2002, plaintiffs David and Marilyn Wolfe and Robert Lyons and Lynne Newlon entered into an agreement with defendant Eric W. Carlson of Carlson-Seekatz, Inc. where Carlson would purchase PSL's (permanent seat licenses) and, when the Bears' rules regarding PSLs allowed, defendant would transfer ownership to the plaintiffs. 

Continue reading this entry as well as the full complaint after the jump.