Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
A contract law axiom states that an illegal contract is unenforceable. The prototypical example involves a plaintiff attempting to sue on a contract that violates a statute or encourages criminal or fraudulent conduct. Those situations clearly give rise to an illegality defense. But what if a contract term technically violates a statute, but the resulting damage is either trivial or nonexistent? A …
Continue reading “Contractual Illegality and Medical Fee-Sharing”
In 1801 W. Irving, LLC v. Splitt Architects, Ltd., 2013 IL App (1st) 121357-U (September 12, 2013) a plaintiff developer sued an architect for breach of an oral contract and for implied indemnity in connection with the construction of a condominium building. The trial court struck all counts of the developer’s amended complaint and the developer appealed. Held: Affirmed in …
Continue reading “Implied-In-Fact Contract Claims and Motions to Reconsider – Illinois Law”
The Featured Case: 15th Place Condominium Ass’n v. Fitzgerald Associates Architects, PC, 2013 ILApp(1st) 122292-U (September 5, 2013) Key Rules: 1/ Illinois’ ten-year statute of limitations (SOL) governs a developer’s breach of indemnity claim against a general contractor when the indemnity clause is part of a construction contract (735 ILCS 5/13-206); 2/ The four-year SOL (735 ILCS 5/13-214(a)) for …
Continue reading ““Private Statutes of Limitations” in Illinois: Some Quick Hits”