New Suit Fridays 7-10-2009
We’ve got some claims that you may want to watch out for in this edition.
In Caicedo v. Stone, the plaintiff alleges that his attorney drafted a deed with the wrong legal description that ultimately resulted in the sale of two of his properties and not one as intended. This complaint alleges that Caciedo wanted to sell his property at 2727 N. Austin in Chicago Illinois and that his attorney drafted a deed not only conveyed the 2727 property but also a lot that the plaintiff owned to the south of the 2727 property, 2725 N. Austin. The plaintiff didn’t become aware of the transfer until he drove by the property in April of 2009 and noticed a fence surrounding what he thought was still his property. The complaint claims that the property is in excess of $75,000. The complaint is one for legal malpractice.
In Illinois v. Jerry Ryce Masonry, Inc., et al., the State of Illinois brings an action under the new Employee Classification Act (820 ILCS 185/1), a recent act that we wrote about here. The complaint alleges that the defendant engaged in the practice of misclassifying their employees “as independent contractors to avoid the payment of, among other things, unemployment insurance contributions.” The action seeks the abatement of the practice along with an award of the wages and benefits to the workers, civil penalties under the act along with the restriction that the employer not be granted any state contracts for a period of four years pursuant to the act. The complaint also alleges counts for consumer fraud and a claim under the whistleblower reward and protection act seeking a fine for each alleged false Wage Report submitted to the State.
In 1618 Sheridan Road Condo Assoc. v. 1616 Condo Assoc., the complaint alleges that a condo association’s neighbor put a loud generator next to its property that violates several Wilmette ordinances. The parties, both condo associations with property on the Lake Michigan shoreline, have a dispute over the “800 kilowatt, Cummins diesel engine generator” that was allegedly placed by the 1616 Condo association “directly behind” the 1618 association’s building. The complaint alleges that the generator violates a portion of the Illinois Pollution Control Board’s regulations concerning loud noises and that the loud noises from the generator are adversely affecting the physiological and psychological well-being of the residents of the 1618 property. The complaint also alleges that attempts to discuss alternatives to the generator with the manager for the 1616 property were not productive. The complaint requests relief under the Noise section of the Illinois Environmental Protection Act (415 ILCS 5/23) for damages, restraining order and an injunction, private nuisance, and trespass.
