Tag Archives: commercial litigation

Getting E-Mails Into Evidence: (Ind.) Federal Court Weighs In

Since e-mail is the dominant form of business communication across the globe, it’s no surprise that it comprises a large chunk of the documents used as evidence at a business dispute trial. Email’s prevalence in lawsuits makes it crucial for litigators to understand the key evidence authenticity and foundational rules that govern whether an email gets into evidence.  This is especially …

Continue reading “Getting E-Mails Into Evidence: (Ind.) Federal Court Weighs In”

Bank’s Business Records and Supporting Affidavit Satisfy Evidence Rules – IL 2nd Dist.

Because they’re so integral to commercial litigation, business records and the myriad evidentiary concerns intertwined with them, are a perennial favorite topic of this blog. In earlier posts (here and here, I’ve featured US Bank, NA v. Avdic, 2014 IL App (1st) 121759 and Bank of America v. Land, 2013 IL App (5th) 120283, two cases that examine the foundation and authenticity …

Continue reading “Bank’s Business Records and Supporting Affidavit Satisfy Evidence Rules – IL 2nd Dist.”

The Statute of Frauds ‘One-Year Rule’ (IL Law Basics)

The Statute of Frauds (SOF) requires certain contracts to be in writing to be enforceable.  (See earlier post here).  740 ILCS 80/1; 810 ILCS 5/2-201 (UCC analog). The SOF’s “one-year rule” posits that any contract that can’t possibly be performed within the span of one year from the date of making must be in writing.  The purpose of the one-year …

Continue reading “The Statute of Frauds ‘One-Year Rule’ (IL Law Basics)”