Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
In Davidson v. Schneider, 2014 WL 656780 (N.D.Ill. 2014), the Court describes the quantum of proof required for a plaintiff to survive summary judgment on both the damages element of a breach of contract claim and the “reasonable expectancy” prong of a tortious interference claim. The plaintiff and defendant were competitors in the baseball vision testing business. …
Continue reading “Tortious Interference With Prospective Economic Advantage – An Illinois Case Note”
I see this often: plaintiff sues a defendant for breach of contract. The defendant has more financial resources than the plaintiff and the contract doesn’t have an attorneys’ fees provision. Meaning, each side is responsible for its own fees. After several months, the plaintiff gets financially (and mentally) worn down by the richer defendant – who by now …
Continue reading “Fee Shifting – Is ‘Prevailing Party’ Language Required?”
The bitter breakup of a medical practice provides the setting for the Illinois Fifth District to consider the scope of a non-compete clause and how it impacts a minority shareholder’s buy-out rights. Gingrich v. Midkiff, 2014 IL App (5th) 120332-U presents a dispute between two former partners in a medical corporation. At the medical practice’s inception – …
Continue reading “Medical Practice Break-Up Spawns Non-Compete Dispute”