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: Contract Law
Lender’s Reliance on Predecessor Bank’s Loan Documents Satisfies Business Records Hearsay Rule – IL First Dist.
A commercial guaranty dispute provides the background for the First District’s recent discussion of some signature litigation issues including the voluntary (versus compulsory) payment rule and how that impacts an appeal, the business records hearsay exception, and governing standards for the recovery of attorneys fees. The lender plaintiff in Northbrook Bank & Trust Co. v. …
Lost Profits: Direct Or Indirect Damages? (And Why It Matters)
Two species of compensation in breach of contract lawsuits are (1) direct damages and (2) indirect damages. The former allows a plaintiff to recover money damages that flow directly from a breach while the latter – sometimes labeled “consequential” damages – are more remote and separated from the breach. Deciphering the difference between the two …
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