Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
“Maggie”, “Mr. Kitty” and “Carmel Cream.” Are they the stage names of the um, “dancers”, at your local gentleman’s club, peut-etre? Not sure. But they are the names of the plaintiff’s cats who figure prominently in Myers v. Condominiums of Edelweiss, Inc., 2013 WL 4597973 (N.D.Ill. August 29, 2013). Myers examines what happens when a condominium association’s …
Continue reading “Negligent Infliction of Emotional Distress: The Physical Injury Requirement”
In Tank v. T-Mobile USA, Inc., 2013 WL 4401375, the Northern District of Illinois examined the reach of the res judicata and claim-splitting doctrines in an employment discrimination suit. In 2012, the plaintiff sued T-Mobile, his former employer, for employment discrimination and for violating the Telecommunications Act of 1996, 47 U.S.C. § 201 et seq. (the …
Continue reading “N.D.Ill. Examines Res Judicata and Claim-Splitting Doctrines”
A pay-if-paid (PIP) clause in a construction contract says “I, the general contractor, will only have to pay you, the subcontractor, if the owner – the guy I contract with – pays me.” Substitute “when” for “if” in the above example and you have a pay-when-paid clause. Both of these clauses are standard in multi-layered …
Continue reading “The Contractual ‘Pay-If-Paid’ Clause – How Broad Is Its Scope?”