Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
A Federal district court in Illinois recently addressed the scope of a limitation of damages provision in a dispute over automotive marketing software. The developer plaintiff in Aculocity, LLC v. Force Marketing Holdings, LLC, 2019 WL 764040 (N.D. Ill. 2019), sued the marketing company defendant for breach of contract – based on the defendant’s failure …
Continue reading “Limitation of Damages Clause Doesn’t Bar Trade Secrets, Copyright Claims – IL ND”
The Seventh Circuit recently affirmed the Illinois Northern District’s Rule 12(b)(6) dismissal of class action plaintiffs’ fraudand deceptive practices claims against the owners of the Zillow.com online real estate valuation site. The lower court in Patel v. Zillow, Inc. found the plaintiffs failed to sufficiently allege colorable consumer fraud and deceptive trade practices claims based …
Continue reading “‘Zestimates’ Are Estimates; Not Fraud – 7th Circuit”
In Construction Systems, Inc. v. FagelHaber LLC, 2019 IL App (1st) 172430, the First District affirmed the time-barring of a legal malpractice suit stemming from a flubbed contractor’s lien filing. Several months after a lender recorded its mortgage on a commercial project, the law firm defendant, then representing the plaintiff contractor, served a Section 24 …
Continue reading “Possible Problematic Lien Notice Starts Limitations Clock in Lawyer ‘Mal’ Case”