In August 2021, Exactech® — a Florida-based medical-device manufacturer — recalled certain models of ankle, hip and knee replacement devices due to a range of potentially dangerous health issues relating to the devices failing or breaking down prematurely.
In short, the U.S. Food and Drug Administration (FDA) identified several models of Exactech ankle, hip and knee replacements made with polyethylene inserts that were packaged in a way that exposed the inserts to too much oxygen. Due to the abundance of oxygen, the inserts broke down or failed prematurely while inside patients’ bodies.
Problems like these can lead to serious health
Continue Reading What to Know About the Exactech® Knee, Ankle and Hip Replacement Device Recall

One of the most common crimes that a person can be charged with are property crimes. Property crimes include robbery, burglary, shoplifting, larceny, and theft, including motor vehicle theft. If you have been charged with a property crime, it can be a stressful and even frightening time. The criminal justice system can be complex and intimidating, and depending on the circumstances of your case, a conviction could even mean jail time. This is why anyone charged with a property crime should consider retaining the services of a defense attorney. The following are some of the possible defenses an attorney may
Continue Reading Defending Against Property Crime Charges in Illinois

Pregnancy and childbirth present significant health challenges to both Illinois mothers and their infants. While many things have the potential to go wrong, most children are born safely and in good health. Unfortunately, there are occasions where either the mother or child is injured for a variety of reasons; sometimes, these birth injuries cannot be helped even with the best medical care. However, other times, injuries are caused or worsened because a mother’s obstetric team fails to appropriately respond to medical emergencies. One such emergency is shoulder dystocia, a condition in which one or both of an infant’s shoulders
Continue Reading My Doctor Says We Experienced Shoulder Dystocia During Childbirth. What Does That Mean?

In an Illinois divorce, a judge is not always going to agree with you and your lawyer’s conclusions. When a judge rules against you during your Illinois divorce, that ruling may or may not be significant enough to bring that ruling before an appeals court for review. What is appealable in an Illinois divorce case?

Errors are appealable in an Illinois divorce. The whole point of an appeal is to identify a specific thing that the trial court did incorrectly. To appeal an Illinois divorce, you must identify the error(s).

There are two kinds of errors in an Illinois
Continue Reading What Can You Appeal In An Illinois Divorce?

Today, we’re beginning a new multi-part series of posts, looking at the reversal rates for each District and Division of the Appellate Court by the area of law involved in the case.  First up: the First District Appellate Court in the 1990s.  There was only one environmental law and one election law case, and each was reversed.  Three areas had a 75% reversal rate: domestic relations, property law and commercial law.  The reversal rate for tort law was 65.7%.  In civil procedure, it was 65.6%, and for government and administrative law cases, just a bit lower still – 65%.  The
Continue Reading Reviewing Reversal Rates in the First District by Area of Civil Law, 1990-1999

The Texas Supreme Court dealt a fatal blow to Brazilian state-run petroleum company Petrobras’s breach of fiduciary duty claims against former joint venture partner Belgian Transcor Astra Group S.A. The Texas high court ruled that an $820 million settlement agreement between the two oil and gas companies precluded Petrobras from asserting breach of fiduciary duty claims accusing Astra of bribing certain high-ranking Petrobras employees.
In 2006, Petrobras and Astra formed an ill-fated joint venture of Pasadena Refining System Inc. The joint venture between the two multi-national oil companies soon began to unravel. After the parties found themselves embroiled in several disputes, they initiated an arbitration to break up the partnership which resulted in a 2009 arbitration award requiring Astra to sell its 50% interest to Petrobras for $640 million.
Astra alleged that pursuant to the arbitration award it turned over its interest in the Texas refining company, but Petrobras never paid the $640 million purchase price for that interest. A series of lawsuits ensued leading to Astra obtaining judgments against Petrobras totaling more than $750 million with more than $400 million more in pending claims when the parties agreed to a global settlement. Under the 2012 settlement agreement Petrobras agreed to pay Astra $820 million in exchange for a release by each party of all claims against the other party.
By 2016, the peace between the companies ended when Petrobras initiated two separate legal proceedings against Astra. First, Petrobras filed a lawsuit against Astra and several of its employees, asserting that they breached fiduciary duties owed to Petrobras by offering bribes to certain Petrobras officials and failing to disclose the offers during the parties’ settlement negotiations. Petrobras also asserted derivative claims for declaratory judgment, conspiracy, aiding and abetting, unjust enrichment, and exemplary damages and attorney’s fees, and sought to invalidate the 2012 settlement agreement and render it unenforceable. Simultaneously, Petrobras initiated arbitration proceedings to invalidate the 2006 stock-purchase agreement due to the bribes Astra allegedly paid to Petrobras officials in connection with that agreement.
Petrobras alleged that after entering the 2012 settlement agreement it discovered that Astra’s representatives paid $15 million to bribe certain Petrobras officials to agree to the 2006 stock-purchase agreement and then offered other bribes totaling $80–$100 million to convince Petrobras to accept the settlement on terms highly favorable to Astra. Included in the 2012 settlement agreement was a broad release in which each party was discharged from “any and all claims” the parties may have had or have against the other in the future.
Petrobras argued that the individual Astra defendants owed fiduciary duties to Petrobras during the parties’ settlement negotiations because they served as officers and directors of the joint-venture entities the parties created when they began their joint venture in 2006. Petrobras further argued that the fiduciary duty claims were not barred by the settlement agreement because they fell into an exception included in the agreement that provided that claims related to “the alleged breach, enforcement, or interpretation” of the settlement agreement were not released.
The Court began its analysis with the breach of fiduciary duty claims. The Court rejected Petrobras’s argument that the breach of fiduciary duty claims concerned a “breach, enforcement, or interpretation” of the settlement agreement. Rather than seeking to compel compliance with the settlement, the Court reasoned, Petrobras’s claims instead sought to avoid compliance. Additionally, the Court pointed out that claims related to breaches, enforcement or interpretation of the settlement agreement necessarily limit the exception to claims relating to post-settlement conduct. Petrobras’s breach of fiduciary duty claims, however, concerned conduct that occurred before the settlement agreement was reached. Consequently, the exception could not apply.
The Court did note that its decision should not be interpreted as a blanket preclusion of breach of fiduciary duty claims following entry of a settlement agreement containing mutual releases. The Court posited that a similar release might not stop a party from asserting similar claims as counterclaims or defenses against enforcement based on the suing party’s fraud or fiduciary breaches. The Court also held that Petrobras’s arbitration claims were also superseded by the 2012 settlement agreement.
The Court’s full opinion can be found here.
Continue Reading Texas High Court Rules that Breach of Fiduciary Duty Claims Barred by $820 Million Settlement

In order to start a delivery service in California, you must first obtain a delivery license from the state. This can be a challenging process, as there are many different types of licenses available and each has its own set of requirements.
However, with careful planning and execution, it is possible to obtain the delivery license you need to start your business. In this article, we will discuss the steps you need to take in order to get a delivery license in the state of California.
What are the steps to get a cannabis license in california?

  • Choose the

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    Saturday, May 14, 2022

    Article: AI, Taxation, and Valuation

    Jay A. Soled and Kathleen DeLaney Thomas recently published an article entitled, AI, Taxation, and Valuation, Iowa Law Review, Forthcoming 2023. Provided below is an abstract of the article: 
    Virtually every tax system relies upon accurate asset valuations. In some cases, this is an easy identification exercise, and the exact fair market value of an asset is readily ascertainable. Often, however, the reverse is true, and ascertaining an asset’s fair market value yields, at best, a numerical range of possible outcomes. Taxpayers commonly capitalize upon this uncertainty in their reporting
    Continue Reading Article: AI, Taxation, and Valuation

    The prospect of divorce is frightening. Splitting assets and seeing your children half the time (or less) are harrowing possibilities but the continuing obligation of maintenance (formerly known as alimony) seems the most daunting. Before the divorce, you were supporting one household with two incomes. After the divorce, you may be expected to support two households (your household and your ex-spouse’s) on one income. How do you avoid the additional, ongoing obligation of maintenance during and after your Illinois divorce?

    Who Has To Pay Maintenance In Illinois?

    Either party may request maintenance in an Illinois divorce.

    “[T]he court may
    Continue Reading How To Avoid Paying Maintenance In Illinois

    Most people believe that a divorce attorney is only necessary for a contested, highly volatile divorce. This theory is often portrayed in the media, from high-profile celebrity divorce cases to movies that depict lawyers fighting for their clients in court. Although attorneys can be used in contested situations or to help provide mediation between parties, divorce law can cover a variety of situations, including uncontested divorces. Even when both spouses agree about divorce issues like property division and parental responsibilities, a lawyer can help facilitate the process, file the correct documents with the court, and ensure the marriage dissolution
    Continue Reading Do I Need a Divorce Attorney for an Uncontested Divorce?

    Friday, May 13, 2022

    Article: Trigger Warning: the ‘Safe Harbor’ at Section 420

    Russ Willis recently posted an article entitled, Trigger Warning: the ‘Safe Harbor’ at Section 420, The St. Louis Bar Journal, 2022. Provided below is an abstract of the article:
    In 2014, the Missouri legislature enacted a statute enabling a trust beneficiary to test the water before committing to a petition or motion that might trigger an in terrorem clause, forfeiting their interest in the trust.Eight years have passed, and this statute has been addressed by Missouri appellate courts five times. The following discussion is somewhat out
    Continue Reading Article: Trigger Warning: the ‘Safe Harbor’ at Section 420

    The tragic train-truck crash in Clarendon Hills on Wednesday that killed a Metra BNSF passenger also injured four other passengers including the conductor and train engineer. The train struck a slow-moving semitrailer truck when it became stuck behind another vehicle. The truck driver leaped to safety without injuries.
    A federal investigation will ultimately identify the cause, but early news reports indicated the train was running on an altered schedule because of an earlier mechanical problem on another train. It was racing to Union Station when the crash occurred.
    Railroad crossing accidents commonplace
    Sadly, railroad crossing accidents are all too common.
    Continue Reading Train-Truck Crashes Often Catastrophic

    On April 21st, 2022, Best Buy issued a recall of nearly 775,000 Insignia air fryers and air fryer ovens due to multiple consumer reports of the devices catching fire, burning, or melting. The fryers, which have the brand name Insignia on the top or front of the appliance, were sold in the U.S. and Canada between November 2018 and February 2022.
    These air fryers pose a potential risk to consumers and may cause severe injury if something goes wrong. If you are currently using an Insignia air fryer, you should stop using it immediately and register here (or call Best
    Continue Reading Air Fryers Recalled Due to Fire Risk

    Finances are often a key factor in divorce and family law disputes. For the court to make a determination about the division of assets and debts, child support, and other issues, the court needs accurate financial information from both parties. Unfortunately, not everyone is as forthcoming about financial information as they should be. Some people disclose only partial financial information or actively hide assets and income during family law cases to gain an unfair advantage.
    If you are involved in a divorce, child support case, or another family law matter and you suspect that another party is
    Continue Reading Finding Hidden Income in a DuPage County Divorce or Child Support Dispute

    Divorce often follows months, years, or decades of marital breakdown. By the time a couple files for divorce, they may have pent-up resentment, anger, and hurt, making it nearly impossible for them to interact amicably. Some divorcing spouses can hardly stand to be in the same room together.
    Sharing a home with your spouse during divorce can be miserable for both parties. It is also hard for children to live in a home filled with animosity. Consequently, many spouses wonder if they can force their spouse to move out or have their spouse evicted.
    Motion for Exclusive Possession of the
    Continue Reading Can I Force My Spouse to Move Out During Our Divorce?

    As you are perusing listings online, you may come across stipulations on certain houses that are considered “As-Is” property. For some, this is a big enough red flag to make them run away from the home listing as fast as possible. Others would see it as a necessary point in the real estate world.

    The truth is that neither is 100% accurate, hence it is very important to understand what the term “as-is” means before you decide whether it’s worth considering buying the house or not. Read on to find out more!
    What does the term “as-is” mean in real
    Continue Reading “As-Is” In Real Estate Transactions