Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Blackhawk State Bank, Inc. v. Al’s Motorhome and Trailer Sales, Inc., 2013 IL App (2d) 130316-U (2013), illustrates in stark relief the perils of entering high-dollar “handshake” real estate contracts. The plaintiff bank sued to foreclose on farm land after a borrower (the “Seller”) defaulted on a multi-million dollar loan. The loan was used to fund the Seller’s mobile home business. …
Continue reading “Rescission Based On Mistake and Fraud: An IL Case Note”
The case is dated (2011) but interesting. The salient issues in Maremont v. Fredman, 2011 WL 6101949 (N.D.Ill. 2011), have enduring relevance in this culture of omnipresent electronic commerce and social media use. The case is also post-worthy for its discussion of state law privacy and publicity torts in a computerized factual setting. Plaintiff was director of marketing for the defendant …
Adas v. Rutkowski, 2013 WL 6865417 (N.D.Ill. 2013), illustrates the confluence of Federal bankruptcy law and state law fiduciary duty and express trust principles in a case involving a failed construction partnership. The plaintiff and bankrupt debtor (defendant) formed a partnership to buy real estate, build a house on it and split the profits once the house was sold. …
Continue reading “Express Trusts and Bankruptcy Discharge: some Quick Hits”