Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Section 9 of the Illinois Condominium Property Act (765 ILCS 605/9) allows a condominium association to place a lien on a unit for unpaid assessments. But what if an association records an inflated assessment lien against a unit owner? Does the unit owner have any recourse? The First District answered these questions in Kurtz v. Hubbard, 2012 …
Continue reading “Condo Assessment Liens And Slander of Title”
Spears v. Ass’n of Illinois Electric Cooperatives, 2013 IL App (4th) 120289 summarizes the general rules and exceptions that govern exculpatory clauses in Illinois. In the case, the plaintiff college student who signed up for a utility “pole climbing” class the defendant – a non-profit entity – offered through plaintiff’s college. Before she took the class, plaintiff signed …
Continue reading “Exculpatory Clauses in Illinois – The ‘Uneven Bargaining Position’ Issue”
Collecting a judgment against sophisticated corporate and individual debtors can be a time-consuming and futile exercise. Post-judgment enforcement proceedings can drag on for months (sometimes years), often generating astronomical attorneys’ fees and expenses. Tobias v. Lake Forest Partners, LLC, 402 Ill.App.3d 484 (1st Dist. 2010) addresses some tricky questions involving competing money judgment priority and …
Continue reading “Collecting Post-Judgment Attorneys’ Fees in Illinois”