Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
I once represented a plaintiff in a Federal question case (based on the Computer Fraud and Abuse Act) that settled with the defendant making installment payments over time. In the settlement agreement, I took great pains to emphasize that if the defendant missed a payment, I could immediately move to reinstate the case and accelerate the settlement amount plus fees …
Continue reading “How to Enforce Settlement Agreements In Federal Court”
In Northwest Podiatry Center, Ltd. v. Ochwat (2013 IL App (1st) 120458), the First District reversed key elements of a trial court’s preliminary injunction order in a lawsuit filed by a podiatry center against two former doctor employees. The plaintiffs – the podiatry firm and its founder – sued two former podiatrists who left to form a competing firm and …
Continue reading “Post-Employment Restrictive Covenants – Illinois Law Basics”
Liquidated damages clauses appear frequently in a variety of commercial contracts and similar agreements. Several Illinois cases – some old and some very recent – examine liquidated damages clauses in multiple factual settings. Here are some bullet-point liquidated damages rules, gleaned from the caselaw: – Liquidated damages clauses are enforceable where: (1) the parties intended …