Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
The Northern District of Illinois recently denied a foreign truck parts supplier’s claim for lost profits in a contract dispute involving an Illinois-based global truck manufacturer. In doing so, the court expansively applied the “new business rule” to the plaintiff despite its forty-year history in the automotive parts industry. In Clutch v. Navistar, 2015 WL …
Continue reading “Lost Profits and the ‘New Business Rule’ – A Case Snapshot”
Aside from delving into some unique issues that crop up in corporate guaranty suits, Williamson Co. v. Ill-Eagle Enterprises, Ltd., 2015 WL 802250, the case I featured yesterday (http://paulporvaznik.com/business-compulsion-duress-and-guaranties-signed-after-the-underlying-contract/7667) also provides some lost profits essentials adapted to a new(ish) business relationship. In the case, the home decor designer who vends to large retailers (think Bed Bath …
Continue reading “Lost Profits and the ‘New Business Rule’ – A Short and Sweet One”
Sometimes in breach of contract suits, I see clients (and attorneys, too!) let visceral considerations cloud their judgment. They let emotions factor into a litigation equation that should purely be about “dollars and cents.” What’s to an objective observer a simple monetary dispute, becomes a complex psychological event when a breach of contract plaintiff views the defendant’s breach as a personal affront – one calling …