In Hergan v. Pawlan Law, LLC (2013 IL App 1st) 113812-U, the First District applies the “same parties, same cause” motion to dismiss rule. The plaintiff sued defendant and her lawyer based on fraudulent statements made in connection with various loan transactions stemming from a realty investment contract. There were some four (4) other lawsuits pending …
Tag Archives: Illinois
No Punitive Damages For Breach of Contract; Conversion of ‘Intangible’ Property = An Open Question – IL ND
Sometimes in breach of contract suits, I see clients (and attorneys, too!) let visceral considerations cloud their judgment. They let emotions factor into a litigation equation that should purely be about “dollars and cents.” What’s to an objective observer a simple monetary dispute, becomes a complex psychological event when a breach of contract plaintiff views the defendant’s breach as a personal affront – one calling …
Amended Complaints and Quantum Meruit – Some Illinois Reminders
Earlier (http://paulporvaznik.com/quantum-meruit-basics-illinois-law/1367) I discussed how quantum meruit is a valuable fallback or “Plan B” theory of recovery when a client has done work for someone, hasn’t been paid and there is no governing express contract between them. Quantum meruit (translation: “as much as he deserves”) ensures that my client at least gets something where his services have benefitted a defendant who …
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