APS v. Sorkin, 2023 IL App (1st) 211668-U considers some important issues that recur in breach of contract litigation and features an appellate judge urging lawyers to excise superfluous adverbs from their legal briefs. The business broker plaintiff sued an accountant for damages after he sold his practice to a buyer introduced by the plaintiff …
Category Archives: Civil Procedure
‘Zestimates’ Are Estimates; Not Fraud – 7th Circuit
The Seventh Circuit recently affirmed the Illinois Northern District’s Rule 12(b)(6) dismissal of class action plaintiffs’ fraudand deceptive practices claims against the owners of the Zillow.com online real estate valuation site. The lower court in Patel v. Zillow, Inc. found the plaintiffs failed to sufficiently allege colorable consumer fraud and deceptive trade practices claims based …
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Landlord’s Double-Rent Holdover Claim Barred by Res Judicata – A Deep Cut (IL 2012)
A commercial lease dispute sets the backdrop for an appeals court’s nuanced discussion of statutory holdover damages and when res judicata and claim-splitting defeat a second lawsuit involving similar facts to and subject matter of an earlier case. For many years, the tenant in Degrazia v. Levato operated “Jimbo’s” – a sports bar set in …