Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
While this Court does not disagree that unwanted text messages, like spam e-mail, are an annoyance, whether receipts of such messages can establish a civil action under the CFAA is, of course, a different question. Czech v. Wall Street on Demand, Inc. 674 F.Supp. 1102, 1106 (N.D.Minn. 2009). Anti-spam (e-mail and text) lawsuits and legislation are legion: a flurry …
Continue reading “Does the Computer Fraud Act Apply to ‘Dumbphones’?”
In Sams Hotel Group, LLC v. Environs, Inc., 2013 WL 2402824, the Seventh Circuit upheld an Indiana district court’s validation of a contractual limitation of liability clause against a hotel developer. In its ruling, the Court examined some recurring commercial litigation issues including the economic loss rule, and the standards that govern contractual indemnification and limitation of liability clauses. …
Continue reading “Seventh Circuit Upholds Limitation of Liability Clause in Construction Contract”
The Illinois Home Repair and Remodeling Act, 815 ILCS 513/1 et seq. (“HRRA” or the “Act”) was enacted in January 2000 to protect consumers from unscrupulous home repair contractors. The HRRA sections that seem to spawn the most litigation are Sections 10, 15, 15.1, 20 and 30. These sections provide: Section 10 (815 ILCS 513/10) – “home repair and remodeling” means any improvement …