Defamation Law: The Qualified Privilege Defense (N.D. Ill.)

In Tamburo v. Dworkin, 2013 WL 5408540 (N.D.Ill. 2013), an Internet libel case, the Illinois Northern District examined the nature and reach of the qualified privilege and truth defenses to defamation claims filed by a software company against a defendant that made disparaging comments about the company on web message boards. Facts:  Defendant, a professional dog breeder, created a website that …

The ‘Justifiable Reliance’ Element Of A Fraud Claim (Illinois Law)

In Siegel Development, LLC v. Peak Construction, LLC, 2013 IL App (1st) 11973, the First District affirmed summary judgment in favor of a building seller and contractor in the building buyers’ fraud suit. Facts: The building buyers (plaintiffs) and defendants entered into a contract for the purchase of a four-unit apartment building that plaintiffs planned to convert to condominiums.  …

“Private Statutes of Limitations” in Illinois: Some Quick Hits

The Featured Case: 15th Place Condominium Ass’n v. Fitzgerald Associates Architects, PC, 2013 ILApp(1st) 122292-U (September 5, 2013) Key Rules:   1/ Illinois’ ten-year statute of limitations (SOL) governs a developer’s breach of indemnity claim against a general contractor when the indemnity clause is part of a construction contract (735 ILCS 5/13-206); 2/ The four-year SOL (735 ILCS 5/13-214(a)) for …