Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
In US National Bank v. Avdic, 2014 IL App (1st) 121759-U, the First District provides a detailed analysis of both the evidentiary foundation requirements for computer-generated business records and the requirements of a valid summary judgment affidavit. The plaintiff lender filed a foreclosure suit against the borrower defendant and moved for summary judgment. The lender supported its motion with …
Continue reading “Computer-Generated Business Records and Summary Judgment Affidavits – IL Law”
In re Jovan A, 2014 IL App (1st) 103835, poses the question of whether the content of a craiglist.org advertisement (the “craiglist Ad” or “Ad”) is admissible under the hearsay exception for showing what steps police took in the course of investigating a crime. The First District answered “no”; it’s not admissible. The State charged the defendant with stealing …
Continue reading “Craigslist Ad = Improper Hearsay Evidence at Bike Theft Trial”
In In re 3RC Mechanical & Contracting Services, LLC v. Climatemp, Inc., 2013 WL 6172673 (N.D.Ill. 2013), the Debtor’s trustee sued the defendant for breach of a construction contract. The defendant moved for summary judgment and supported the motion with its project manager’s affidavit and over 30 exhibits – mainly invoices and bills. The Trustee moved to strike about …
Continue reading “Contractor Invoices Not Hearsay Where Offered to Show “Effect On Recipient””