Articles From W. Dan Lee | Illinois State Bar Association

Bad-Faith Requirement for Fee Shifting in the Consumer Fraud Act: Krautsack v. Anderson By Allen S. Goldberg & W. Dan Lee Civil Practice and Procedure, September 2007 The Supreme Court of Illinois in Krautsack v. Anderson recently held that fee awards to a prevailing defendant under section 10a(c) of the Act should be granted “only if the trial court makes a threshold finding that the plaintiff acted in bad faith.”

Enforceability of Class Action Waivers: Kinkel v. Cingular Wireless, LLC By Allen S. Goldberg & W. Dan Lee Civil Practice and Procedure, April 2007 The Kinkel court stands for the proposition that the question of the unconscionability of a class action waiver, even if it is contained in the mandatory arbitration clause, must be determined on a case-by-case basis.

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