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”
Some key questions the Court grapples with in Laba v. CTA, 2016 WL 147656 (N.D.Ill. 2016) are whether an employee who sleeps on the job or runs personal errands on company time opens himself up to a breach of fiduciary or fraud claim by his employer. The Court answered “no” (fiduciary duty claim) and “maybe” (fraud claim) in an employment …
The Second District appeals court recently affirmed a trial court’s turnover order based on a finding that a property transfer involving three separate parties was in reality, a single “pre-arranged transfer” involving a “straw purchaser.” I previously profiled Advocate Financial Group, LLC v. 5434 North Winthrop, 2015 IL App (2d) 150144 (see http://paulporvaznik.com/5485/5485) where the court …