This case involved, among other issues, whether guarantors of a debt are automatically released from financial responsibility for the debt following a lender’s unilateral, unconsented change to a material term of the underlying loan agreement (i.e., the addition of a maturity date). The trial court’s decisions that Defendants did not reasonably rely upon Plaintiff's misrepresentations and that Defendants released the Plaintiff from potential counterclaims, including counterclaims for fraud and breach of contract, were reversed. While the Appellate Court found that the Bank made material misrepresentations to induce Defendants to sign a replacement agreement and a subsequent modification to that agreement that included a release, the Appellate Court twice remanded for further proceedings as to whether Defendants reasonably relied upon Plaintiff’s misrepresentations when they signed the agreements.
This case involved whether a license agreement between a developer and a neighboring development ran with the land and, therefore, obligated future owners of the developer's property to the agreement. The trial court’s decision enforcing the agreement was reversed upon appeal. Following remand for further proceedings, the trial court entered a declaratory judgment in Plaintiff's favor, but denied Plaintiff's request for monetary damages. A second appeal ensued and the trial court's decision was remanded for further proceedings. Following the second remand, the parties entered into a settlement agreement that is subject to a confidentiality provision.
This case involved whether a condominium association and board member breached its duty to a condominium owner. The trial court reversed the circuit court's grant of summary judgment in favor of the condominium owner. Condominium owner's petition for leave to appeal to the Illinois Supreme Court was denied (21 N.E.3d 715 (Ill., 2014). Upon remand, the parties entered into a confidential settlement agreement.
This case involved an action by a minority shareholder seeking an inspection of a corporation’s books and records. Following the appeal and reversal of the circuit court's decision denying the inspection, the trial court’s decision awarding summary judgment to the corporation was appealed. The appellate court reversed once again and the corporation's petition to appeal the second reversal to the Illinois Supreme Court (222 Ill.2d 607) was denied. Following the second remand, the parties agreed to a settlement that is subject to a confidentiality provision