Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
STOPS Enterprises, LLC v. United Medical Equipment Co., 2014 WL 2699723 (N.D. IL 2014), examines how the parties’ course of dealing defines an oral contract and analyzes the account stated remedy in a case involving unpaid invoices for medical transportation services. Under a series of oral agreements, plaintiff would pick up and give rides to the …
Continue reading “Account Stated and Course of Dealing: Illinois Law”
An easy to parrot, hard to apply attorney fee maxim involves the “prevailing party” standard. To get attorneys fees awarded under a statutory or contractual fee-shifting provision, you must “prevail” or win the case. So what happens when your win is a proverbial Pyrrhic one? That is, you win the lawsuit but get only a fraction of the money …
The Illinois Sales Representative Act, 820 ILCS 120/1 (the “ISRA”) provides a cause of action for independent sales representatives who are owed sales commissions. By covering independent contractors (as opposed to employees), the ISRA serves as a powerful gap filler to the Illinois Wage Payment and Collection Act, which applies specifically to employees owed wages by …