May 24, 2017

The former prevents a party from relying on agreements reached during negotiations that aren’t reduced to writing while the latter (non-reliance clauses) will defeat one side’s effort to assert fraud against the other.

May 23, 2016

A recent Illinois case (Father & Sons Home Improvement II, Inc. v. Stuart, 2016 IL App (1st) 143666) starkly illustrates the negative ramifications of inflating a mechanics lien or of misstating the completion date of construction work. The contractor in that case not only had its lien defeated but it also had to pay...

April 11, 2016

In K2 Development, LLC v. Braunstein, 2013 IL App (1st) 103672-U, the First District addressed Illinois law’s compensatory and punitive damages guideposts in a convoluted real estate fraud suit filed by an LLC against one of its two members.

 

The plaintiff LLC – through one of its members (a real estate novice) – sued...

March 14, 2016

 The First District recently considered whether a contract that could only be ended on both parties’ written consent was too indefinite and “perpetual” to be enforceable. In Rico Industries v. TLC Group, Inc., 2014 IL App (1st) 131522, the parties entered into a sales contract where plaintiff would sell products to Wa...

March 9, 2016

 In Southern Wine and Spirits of Illinois, Inc. v. Steiner, 2014 IL App (1st) 123435, the First District outlined and applied the rules governing the interpretation and enforcement of written guaranty agreements in Illinois.
 

The plaintiff wine distributor purchased the assets of another distributo...

March 1, 2016

 

 

Chicago Daily Law Bulletin.

 

Read the article in its entirety here: http://www.chicagolawbulletin.com/Articles/2016/02/24/Paul-Porvaznik-forum-2-24-16.aspx

 

February 17, 2016

 The Illinois Mechanics’ Lien Act ( 770 ILCS 60/1 et seq) provides a remedy to a contractor who provides improvements to real estate by allowing him to lien the property (place a hold on the property to secure payment).

 

Once the lien is perfected, it clouds the property’s title and the contractor can sue to forec...

February 8, 2016

Contract rights are assigned fairly often, especially in the mortgage loan and credit card contexts.  In the former mortgage scenario, it’s common for a promissory note to be assigned multiple times during the note’s lifespan.

 

When there’s eventually a note default, it becomes a challenge for the noteholder to trace h...

February 1, 2016

 

The misnomer and mistaken identity doctrines each involve situations where a plaintiff has sued a defendant too late.   Misnomer is basically a spelling error. The plaintiff can correct a misspelled defendant’s name at any time, even after judgment.  735 ILCS 5/2-401(b).  

 

With mistaken identity, the analys...

January 27, 2016

 

The plaintiff workplace wellness program developer sued under the Illinois Trade Secrets Act in Destiny Health, Inc. v. Cigna Corporation, 2015 IL App (1st) 142530, after it accused a prospective business partner pilfered its confidential data.

 

Affirming summary judgment for the defendants, the First D...

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Copyright Act Doesn’t Pre-empt Shufflin Crew’s Right of Publicity Suit – Northern District of Illinois

August 25, 2015

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