Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Downs v. Rosenthal, 2013 IL App (1st) 121406, features an in-depth analysis of the difference between corporate vs. individual liability, the nature of post-judgment proceedings, and appellate procedure. Facts Plaintiff sued defendant LLC and its individual members (the Members) for breach of fiduciary duty, breach of contract and a declaratory judgment that plaintiff was a 2.5% stakeholder in the LLC. The trial …
Continue reading “LLC Members Not Liable On Void Judgment Entered Against LLC”
(photo credit: Google Images: www.strangehistory.net) Fidlar Technologies v. LPS Real Estate Data Solutions, Inc., 2013 WL 5973938 (C.D.Ill. 2013), a high-tech diversity suit, examines internet data “harvesting” and whether it gives rise to Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (CFAA) and common law tort liability. The plaintiff developed a computer program that allowed recorder …
Continue reading “Harvester of Sorrow? (IL Fed. Court Tackles Computer Fraud Case”
Sometimes it’s difficult to determine who the contracting parties are. A common example is where the contract text names the parties are two corporations but it’s signed by an individual. Or, the contract signer clearly notes his corporate affiliation (by stating his job title) next to his signature, but the body of the contract states that …