Layaway Does Not Last Forever in Illinois

LayawaySuppose you go to your local hardware store, and order bathroom tile for a “weekend” project. Suppose you don’t pick it up within the time required because you are not ready install it. Then suppose you finally get to the point where you need the tile, but it is a year later. In Illinois, at least, if you order an item from your local hardware store but don’t pick it up within the store’s guidelines, you can’t go back later and claim you are entitled to the product and seek damages if they don’t give it to you.

In a recent opinion, Longo Realty v. Menard, Inc., No. 14M3430, the Appellate Court of Illinois, First District, held that a delay in picking up an “ordered” product did not entitle the consumer to purchase the product at the original price or claim damages because the store sold its inventory, and did not set aside and keep the product for the consumer in the event that he would possibly come back later and pick it up. (more…)

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Work Comp Law is “Exclusive Remedy” for Asbestos Injuries

imagesFP7OAW11The Illinois Supreme Court recently resolved an outstanding question under Illinois law of whether the Illinois Workers Compensation Statute is the exclusive remedy against an employer by a former employee claiming damages for asbestos related injuries, including long developing cancers. In Folta v. Ferro Engineering, 2015 IL 118070 (Nov. 4, 2015), in a 4 to 2 opinion by Justice Theis, the Court specifically held that the Illinois Workers’ Compensation Act (820 ILCS 305/1) prohibits an employee from bringing an action for damages for an asbestos related cancer in circuit court against the employer, even if the employee’s injury or disease first manifests after the running of the time limitations provided under the Act.

James Folta was employed as a shipping clerk and product tester for Ferro Engineering from 1966 to 1970, where he was exposed to asbestos containing products. In May 2011, James Folta was diagnosed with mesothelioma, a cancer primarily associated with asbestos exposure. One month later he filed a civil action in Cook County Circuit Court against 15 defendants, including his former employer, Ferro Engineering, to recover damages. Folta sought relief against Ferro Engineering under several theories including negligence. (more…)

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Missouri Court of Appeals Says Limitation of Liability Clause in Contract does not Require a Party to be a “Sophisticated Business” in Specific Subject of Contract

The Missouri Court of Appeals for the Eastern District recently upheld a limitation of liability clause contained in an invoice between two commercial “sophisticated” businesses, holding that the effect of the limitation is not dependent on the “sophistication” of the business in the underlying transaction.

In National Information Solutions, Inc. v. Cord Moving & Storage Company, Inc., No. ED 101636 (February 24, 2015), the Court of Appeals affirmed the granting of defendant Cord’s motion for summary judgment based on a limitation of liability provision in an Office Relocation Agreement to move the contents of NISC’s warehouse to a new location. The one-page Agreement contained a clause in the middle of the only page of agreement, in bold typeface, larger than the rest of the contract, that read: (more…)

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Selling Items On EBay May Lead To Personal Jurisdiction In Missouri

In a recent decision, the Missouri Supreme Court unanimously held that a non-Missouri business that sells products on EBay or other auction sites can be sued in a Missouri Court by a Missouri resident claiming a defect with the product.

In Andia v. Left Gate Property, Inc., No. SC93984 (February 24, 2015) the Missouri Supreme Court held that Left Gate Property, a Texas automobile dealership which is self-described as the “largest EBay vehicle dealership in the world”, would be subject to personal jurisdiction by a Court in St. Louis County. (more…)

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