Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Occasionally, I’ll have a case that appears to be governed by two or more conflicting statutes of limitations. For example, one statute will give a plaintiff four years to file suit while an apparently equally applicable one compresses the time to sue to two years. As plaintiff, I usually (not always) argue for the longer limitations period to apply, while as …
Continue reading “BMW Dealership Defeats Fraud Suit On Statute of Limitations Grounds (ND IL)”
Downs v. Rosenthal, 2013 IL App (1st) 121406, features an in-depth analysis of the difference between corporate vs. individual liability, the nature of post-judgment proceedings, and appellate procedure. Facts Plaintiff sued defendant LLC and its individual members (the Members) for breach of fiduciary duty, breach of contract and a declaratory judgment that plaintiff was a 2.5% stakeholder in the LLC. The trial …
Continue reading “LLC Members Not Liable On Void Judgment Entered Against LLC”
“Reverse piercing” involves the creditor of an individual shareholder attempting to reach assets of a corporation operated by that shareholder. Illinois reverse-piercing law is unsettled. Some cases allow the remedy; others don’t. When it is allowed, it usually involves a one-person corporation. In Fish v. Hennessy, 2013 WL 577012 (N.D.Ill 2013), the Northern District rejected a creditor’s …
Continue reading “Illinois ‘Reverse Piercing’ Law: Can You or Can’t You?”