Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
The election of remedies doctrine clashes with Illinois alternative pleading rules in Evashank v. Miller Brewing Company, 2013 IL App (1st) 112987-U, a case involving a dispute over a misread beer promotional ticket. The plaintiff was given a promotional sticker at the Coach’s Corner bar that plaintiff thought read “win a million dollars”. It actually said “this …
Continue reading “Election of Remedies vs. Alternative Pleading In Illinois”
C. Szabo Contracting v. Lorig Construction, 2014 IL App (2d) 131328’s plaintiff sub-subcontractor (it contracted with a subcontractor, tried to use unjust enrichment to recover against a twice-removed general contractor on a highway construction job. The plaintiff installed underground pipes under a subcontract. When the subcontractor didn’t pay, the Plaintiff sued the general contractor to recover over $200K …
The Featured Case: Brannen v. Siefert, 2013 IL App (1st) 122067, ¶ 52 (11.19.13) The Facts: Plaintiffs – a land trustee and trust beneficiary – sued the Underlying Defendants, an attorney and his wife, for breach of a written real estate contract for the purchase of a home owned by the plaintiffs. The strangely worded contract, drafted by Underlying Defendants, called …
Continue reading “Brannen v. Siefert: A (Legal Malpractice) Case Study (Ill. First Dist.)”