Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Wojcik v. Interarch, Inc., 2013 WL 5904996 (N.D.Ill. 2013), provides a good summary of the factual allegations required to allege fraud and civil conspiracy claims. The plaintiffs sued a national franchisor and its site development consultant for fraud and other business torts when their Saladworks franchise failed. Defendants moved to dismiss all claims. Held: motion granted in part; …
Continue reading “12(b)(6) Motions and Fraud Pleading Rules – A Case Note”
The Featured Case: Brannen v. Siefert, 2013 IL App (1st) 122067, ¶ 52 (11.19.13) The Facts: Plaintiffs – a land trustee and trust beneficiary – sued the Underlying Defendants, an attorney and his wife, for breach of a written real estate contract for the purchase of a home owned by the plaintiffs. The strangely worded contract, drafted by Underlying Defendants, called …
Continue reading “Brannen v. Siefert: A (Legal Malpractice) Case Study (Ill. First Dist.)”
(photo credit: Google Images: www.strangehistory.net) Fidlar Technologies v. LPS Real Estate Data Solutions, Inc., 2013 WL 5973938 (C.D.Ill. 2013), a high-tech diversity suit, examines internet data “harvesting” and whether it gives rise to Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (CFAA) and common law tort liability. The plaintiff developed a computer program that allowed recorder …
Continue reading “Harvester of Sorrow? (IL Fed. Court Tackles Computer Fraud Case”