The stakes of litigation can be enormous, and often an entity’s ability to protect its financial and other interests during a business dispute may have consequences far into the future. At the Voelker Litigation Group, our lawyers aggressively represent clients throughout the Chicago region in commercial litigation, as well as other disputes arising out of contracts, corporate governance conflicts, construction, real estate, trusts and estates, class actions, intellectual property, and labor and employment. We handle cases of all different sizes, and our clients range from middle market or Fortune 500 companies to individual entrepreneurs and consumers. We can help you mediate, arbitrate, or negotiate settlements and take cases to trial or appeal judicial decisions as necessary.Litigating Business Conflicts
Commercial litigation comes in many forms, but a common example is a breach of contract actions. Generally speaking, a breach occurs if one or more parties fail to perform under the terms of a contract, and it can result in significant damages to a non-breaching party. Illinois has adopted the Uniform Commercial Code (UCC), which governs many types of disputes related to commercial contracts. The UCC has rules that apply to contracts for sales and leasing of goods, banking transactions, securities, and letters of credit.
A variety of remedies may be available for breaches of contracts related to the sale of goods, depending on the circumstances. For example, under 810 ILCS 5/2-702, if the buyer is insolvent, the seller can refuse delivery except for cash for any goods that are to be delivered under the contract. If the seller learns that a buyer received goods on credit while the buyer was insolvent, the seller can reclaim those goods within 10 days of receipt by making a demand.
Under 810 ILCS 5/2-703, meanwhile, if a buyer wrongfully fails to make a payment or repudiates any part of the contract, the seller can withhold delivery of the goods, stop delivery by a bailee, resell and recover damages, recover damages for non-acceptance, and exercise the right to identify goods to the contract.
The buyer also has a number of possible remedies under the UCC. For example, if a seller fails to make delivery or delivers nonconforming goods, the buyer can cancel the contract. In that situation, the buyer potentially can recover as much of the goods' price as has already been paid, cover and get damages with regard to the goods affected, and recover damages for the lack of delivery. If the seller fails to deliver, the buyer may also be able to recover goods that are identified, seek specific performance, and replevy the goods.Trust & Estate Disputes
Beyond commercial litigation, another area where disputes frequently arise is trust and estates. A conflict may result from a wide range of circumstances, such as a lack of clarity in a trust or will that gives rise to disagreements between family members. Disputes also may arise from a breach of fiduciary duty, a disputed will, actions taken under power of attorney, issues of undue influence or duress placed on a testator, property ownership, or efforts to collect against an estate.
In an Illinois will contest, for example, someone who is adversely affected by the will of the decedent can contest the validity of the document within six months after the court enters an order admitting it to probate. Only people with standing can bring a will contest. Standing means the person has a direct financial interest in the decedent's estate that would be adversely affected if the will were accepted by the courts. For example, a spouse or child excluded from an inheritance would have standing to challenge the will, as would people named in a prior will that would be effective if the contested will were found to be invalid.Real Estate & Construction Litigation
We also handle real estate and construction lawsuits. Although these matters often involve breach of contract issues, the UCC does not apply to them. Litigation in this practice area may include disputes between buyers and sellers regarding the terms of a real estate sale, land use or zoning disputes, disputes between contractors and subcontractors, homestead protection issues, and the recovery of money owed to mechanics, contractors, or builders for their work in repairing or building a property.Seek Legal Representation for a Dispute in the Chicago Area
Our principal Daniel Voelker has more than 30 years of experience as a trial lawyer. He has received an AV peer rating from Martindale Hubbell and has been honored as a "Super Lawyer" and "Leading Lawyer" in Illinois. Mr. Voelker is also a Certified Public Accountant and an Adjunct Professor of Law with the Chicago-Kent College of Law.
The Voelker Litigation Group provides affordable legal representation to clients of all sizes that are faced with business conflicts and other legal disputes in Chicago and throughout Cook County. Our trial attorneys have decades of experience and financial savvy, so we understand the constraints and needs of those embroiled in litigation. Call us at 312-870-5430 or contact us via our online form. We also represent clients in Arlington Heights, Glencoe, Evanston, and in communities across Lake and Will Counties, such as in Waukegan and Joliet. Our firm also has handled cases in other states, including California, Florida, Delaware, and Wisconsin.