Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
The two key rules that govern challenging a confessed judgment in Illinois are Supreme Court Rule 276 and Code Section 2-1301 (735 ILCS 5/2-1301). The latter provides that “any person for a debt bona fide due may confess judgment by himself or herself or attorney duly authorized, without process” and that the “application to confess judgment shall …
Continue reading “Judgments By Confession: How to Open (Not Vacate) Them (IL Law)”
The Seventh Circuit remarked that parties who respond to a summary judgment motion “often misconceive what is required of them” in Modrowski v. Pigatto, 2013 WL 1395696 (7th Cir. 2013). The case amply illustrates that summary judgment misconceptions can have unfortunate consequences. In Modrowski, a former employee sued two property management firms under the Computer Fraud and Abuse Act …
1600 Museum Park, LLC v. Williams, 2012 WL 6955718, chronicles an aborted condominium purchase and its ensuing litigation. A condo owner and two purchasers signed a contract (Contract) and an approx. $25K promissory note in connection with a condo sale. But only one of the buyers signed the contract and note. The deal fell through and the defendants sent a written termination …