Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
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 …
Continue reading ““Private Statutes of Limitations” in Illinois: Some Quick Hits”
Getting a settling defendant to pay is sometimes a Herculean task. So much so that it often spawns multiple rounds of satellite litigation just to enforce the settlement terms. I recall one case I had in McHenry County that required no less than five or six 2-hour drives to the courthouse in order to enforce a settlement agreement. …
Continue reading “New Illinois Law To Impose Strict Timing Requirements on Settling Defendants”
In Tank v. T-Mobile USA, Inc., 2013 WL 4401375, the Northern District of Illinois examined the reach of the res judicata and claim-splitting doctrines in an employment discrimination suit. In 2012, the plaintiff sued T-Mobile, his former employer, for employment discrimination and for violating the Telecommunications Act of 1996, 47 U.S.C. § 201 et seq. (the …
Continue reading “N.D.Ill. Examines Res Judicata and Claim-Splitting Doctrines”