Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
When I hear the perks enjoyed by some corporate employees – the flex time, the telecommuting, bosses who live and work in other states, getting to “work” from home about 310 days a year in jammies, etc. – I can’t help but be a bit mystified and envious. “I know I went to Starbucks 18 times today and …
Continue reading “Employee Handbooks: Are They Enforceable Contract Rights?”
Exculpatory and limitation of damages provisions are staples of commercial transactions; especially in the service contract setting. The former shields a contracting party from all liability (“if something goes wrong, I’m not responsible”), while the latter caps a party’s monetary damages (“if something goes wrong, my maximum liability is $100”). For decades, cases across the land have grappled …
Spears v. Ass’n of Illinois Electric Cooperatives, 2013 IL App (4th) 120289 summarizes the general rules and exceptions that govern exculpatory clauses in Illinois. In the case, the plaintiff college student who signed up for a utility “pole climbing” class the defendant – a non-profit entity – offered through plaintiff’s college. Before she took the class, plaintiff signed …
Continue reading “Exculpatory Clauses in Illinois – The ‘Uneven Bargaining Position’ Issue”