Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Blackhawk State Bank, Inc. v. Al’s Motorhome and Trailer Sales, Inc., 2013 IL App (2d) 130316-U (2013), illustrates in stark relief the perils of entering high-dollar “handshake” real estate contracts. The plaintiff bank sued to foreclose on farm land after a borrower (the “Seller”) defaulted on a multi-million dollar loan. The loan was used to fund the Seller’s mobile home business. …
Continue reading “Rescission Based On Mistake and Fraud: An IL Case Note”
Adas v. Rutkowski, 2013 WL 6865417 (N.D.Ill. 2013), illustrates the confluence of Federal bankruptcy law and state law fiduciary duty and express trust principles in a case involving a failed construction partnership. The plaintiff and bankrupt debtor (defendant) formed a partnership to buy real estate, build a house on it and split the profits once the house was sold. …
Continue reading “Express Trusts and Bankruptcy Discharge: some Quick Hits”
Wojcik v. Interarch, Inc., 2013 WL 5904996 (N.D.Ill. 2013), provides a good summary of the factual allegations required to allege fraud and civil conspiracy claims. The plaintiffs sued a national franchisor and its site development consultant for fraud and other business torts when their Saladworks franchise failed. Defendants moved to dismiss all claims. Held: motion granted in part; …
Continue reading “12(b)(6) Motions and Fraud Pleading Rules – A Case Note”