Carlson Dash Digest – June 2016 • Carlson Dash

Summer in the Midwest is a fleeting affair chock-full of outdoor adventures, picnics and parties. Earlier this year Illinois joined the party by becoming the last state to adopt a bond lien statute. Make sure to catch our breakdown of the new statute’s notable provisions in our Monthly Insights. We also take a look at a case involving a Yelp review that netted the reviewer a $1 million dollar lawsuit as part of their vacation memories.

Wisconsin Welcomes You!

On May 31st, James Dash was admitted to the Wisconsin State Bar. Jim’s practice focuses on real estate-related litigation, with an emphasis on construction (including mechanics lien claims), as well as title insurance defense work. Jim has been consistently rated among the top construction law attorneys by Chambers USA, Super Lawyers and Best Lawyers and Jim is eager to expand his practice into Wisconsin.

Carlson Dash has many clients who conduct business in both Illinois and Wisconsin so having our attorneys admitted in both states is a great way for us to continue providing our excellent service in both states.

Illinois – Last State to Adopt Bond Lien Statute

Earlier this year Illinois became the last state in the country to adopt a bond lien statute. David Kabat reviewed the new statute and breaks down the key provisions for you this month. How does this affect your defense?

We “Value” Your Opinion

There is no shortage of opinions on the Internet, but in the case of a Texas couple, their opinion touched off a $1 million dollar lawsuit.

Michelle and Robert Duchouquette hired Prestigious Pets to care for their two dogs and one fish while the Duchouquettes were out of town. When the couple returned from their trip they had some issues with the fees charged and the overfeeding of their fish, leading Ms. Duchouquette to write a one-star review on Yelp. Prestigious Pets responded directly to the one-star review, but then took it a step further by filing suit against the Duchouquettes citing libel and requesting “actual damages, punitive damages and damages for the infliction of emotional distress” to the tune of $1 million dollars.

The Duchouquettes are fighting the lawsuit by arguing that Prestigious Pets cannot prove that the review was made with malice or that the non-disparagement clause in the agreement they signed waived the Duchouquettes’ right to free speech. This sentiment is echoed by Yelp. A visit to Prestigious Pets’ page on Yelp brought up a consumer alert warning Yelp visitors that Prestigious Pets “may be trying to abuse the legal system in an effort to stifle free speech…”

While Prestigious Pets’ response may seem extreme, a victory could restrict the free speech of future online reviewers who would be hesitant to leave a negative review of their experience. Read more about this case.