Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
A contract law axiom states that an illegal contract is unenforceable. The prototypical example involves a plaintiff attempting to sue on a contract that violates a statute or encourages criminal or fraudulent conduct. Those situations clearly give rise to an illegality defense. But what if a contract term technically violates a statute, but the resulting damage is either trivial or nonexistent? A …
Continue reading “Contractual Illegality and Medical Fee-Sharing”
A recent Illinois Fourth District case provides a quick summary of the factors a court considers when determining prevailing party attorneys’ fees under the Illinois Consumer Fraud Act (CFA) and spotlights the “mere continuation” exception to the rule governing corporate successor liability. In Clayton v. Planet Travel Holdings, 2013 IL App (4th) 120717, the plaintiffs sued a …
Continue reading “Recovering Your Attorneys Fees In Litigation: Illinois’ 8 Factored Test”
(photo credit: www.sportsunlimitedinc.com) The civil provisions of the Illinois Deceptive Practices Act, 720 ILCS 5/17-1 (a criminal statute), govern situations where a defendant issues bad checks with intent to defraud. Section 5/17-1(B) provides: (B) Bad checks. A person commits a deceptive practice when: (1) With intent to obtain control over property or to pay for …