Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Victory Records’ attempt to prevent the rock band A Day to Remember (ADTR) from releasing an album in the Fall of 2013 failed because it couldn’t establish the elements for injunctive relief under Illinois law. In Woodard v. Victory Records, 2013 WL 5517926 (N.D.Ill. 2013), the defendant record company (“Victory” or the “Record Company”) sued to prevent the Florida …
Continue reading “Record Company’s Injunction Attempt Against Rock Band Fails”
A summary judgment motion axiom posits that you can’t contradict prior sworn deposition testimony with a later affidavit in order to create a triable fact dispute. A crude example: if in a deposition you say “I didn’t suffer any monetary damages”, you can’t file an affidavit later in the lawsuit where you say “actually, come to think …
Continue reading “Summary Judgment Practice: When The Deposition Clashes With The Affidavit”
Wojcik v. Interarch, Inc., 2013 WL 5904996 (N.D.Ill. 2013), provides a good summary of the factual allegations required to allege fraud and civil conspiracy claims. The plaintiffs sued a national franchisor and its site development consultant for fraud and other business torts when their Saladworks franchise failed. Defendants moved to dismiss all claims. Held: motion granted in part; …
Continue reading “12(b)(6) Motions and Fraud Pleading Rules – A Case Note”