Commercial Landlord’s Suit for Rent Damages Accruing After Possession Order Survives Tenant’s Res Ju

18th Street Property, LLC v. A-1 Citywide Towing & Recovery, Inc., 2015 IL App (1st) 142444-U examines the res judicata and collateral estoppel doctrines in the context of a commercial lease dispute where the lease has an acceleration clause and there have been prior eviction cases involving the same property and lease parties. The plaintiff lessor obtained a possession order and judgment in late 2012 on a towing shop lease that expired March 31, 2013. About six months after the possession order, the lessor sued to recover rental damages from January 2013 – March 2013. The defendant moved to dismiss on the basis of res judicata and collateral estoppel. It argued that lessor’s damage claim

7th Circuit Reverses $2.7M Judgment for Furniture Maker Based On Indiana Economic Loss Rule

In a case that invokes Hadley v. Baxendale** — the storied British Court of Exchequer case published just three years after Moby Dick (just call me "Wikipedia guy") and a stalwart of all first year Contracts courses across the land — the Seventh Circuit reversed a multi-million dollar judgment for a furniture maker. The plaintiff in JMB Manufacturing, Inc. v. Child Craft, LLC, sued the defendant furniture manufacturer for failing to pay for about $90,000 worth of wood products it ordered. The furniture maker in turn countersued for breach of contract and negligent misrepresentation versus the wood supplier and its President, alleging that the defective wood products caused the furniture make

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