Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Maurice Sporting Goods, Inc. v. BB Holdings, Inc., 2017 WL 2692124, ponders the reach of the promissory fraud rule (a broken promise normally doesn’t equal fraud), how to plead around it, and the law of the case doctrine. After a multi-year business relationship for the sale of sporting goods imploded, the plaintiff distributor sued the …
Continue reading “Promissory Fraud: Sporting Goods Maker Pleads Seller’s Scheme to Defraud – IL ND”
The First District recently considered whether an insurance salesman’s generic LinkedIn invites to some former co-workers violated non-compete provisions in his employment contract. The plaintiff in Bankers Life v. American Senior Benefits employed the defendant for over a decade as a sales manager. During his employment, plaintiff signed an employment agreement that contained a 24-month noncompete term …
Collier HMA v. Menichello a medical noncompete dispute, considers whether a third party can enforce a noncompete after a merger. Jettisoning the “changed corporate culture and mode of operation” test, the Florida appeals court applied basic principles of corporate law to determine whether a parent company’s merger necessarily meant its subsidiary merged too and couldn’t enforce …