Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Action Plumbing v. Bendowski, 402 Ill.App.3d 681 (2nd Dist. 2010), discusses Section 17(b) of the Mechanics Lien Act (the “Act”), 770 ILCS 60/17(b) – the section that allows a lien claimant to recover its attorneys’ fees from an owner in some circumstances. The plaintiff plumbing contractor recorded mechanics liens against 16 residential properties and sued to …
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Liquidated damages clauses appear frequently in a variety of commercial contracts and similar agreements. Several Illinois cases – some old and some very recent – examine liquidated damages clauses in multiple factual settings. Here are some bullet-point liquidated damages rules, gleaned from the caselaw: – Liquidated damages clauses are enforceable where: (1) the parties intended …
The misnomer and mistaken identity doctrines apply where a plaintiff sues a defendant too late. Misnomer occurs when the plaintiff has the wrong name of the right party (ex: I intend to sue Donald Trump but instead name “Ronald Trump” as Defendant). Mistaken identity is involved where the plaintiff has named the wrong party. (I …
Continue reading “Misnomer vs. Mistaken Identity – More Than Semantic Hairsplitting?”