CONTRACT CASES

Carmen D. Caruso has substantial experience in contract litigation & arbitration.   He regularly advises clients in the drafting of their agreements, and negotiates contracts for his clients.

Mr. Caruso's experience includes contracts in the following areas:

--        Business Ownership Agreements including partnership, limited liability company and shareholder (and related corporate governance) agreements.

--       Employment or Severance Contracts

--       Franchise & Dealership Agreements including territorial development and sub-franchising agreements in addition to franchise agreements and UFOCs.

--      Insurance Contracts & Coverage Disputes, including both contract claims and related claims under the Employee Retirement Income Security Act (ERISA) for denial of benefits under health insurance plans.  

--       Licensing Agreements:  for technology & intellectual property, and related royalty, performance and termination disputes.

--        Non-Competition Clauses in employment, franchise & sale of business agreements.

--        Real Property Sales Contracts:  Claims of Breaches based on refusals to close, and fraudulent inducement claims.

--        Sales of Business Contracts:  Claims of Breach based on refusals to close, post-closing inventory, accounting or warranty disputes, enforcement of non-compete clauses, and claims for fraudulent inducement.   In one such case, involving the sale of a highly successful Chicago sporting goods business, Mr. Caruso and his partners recovered $1.2 million that was due to the Seller, which the Buyer had wrongfully withheld based on a phony post-closing dispute over the Seller's ending inventory.  In addition to recovering 100% of the Seller's claim in the amount of $1.2 million, Mr. Caruso and his partners recovered 100% of their client's attorneys' fees based on the fee-shifting provision in the sales contract.


--        Suppliers & Service Provider Contracts:  Claims of Breach based on inferior performance, nonpayment and termination.   These claims typically involve the duty of good faith & fair dealing, a subject in which Mr. Caruso has considerable expertise.