Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
(photo credit: www.businessinsider.com) Huang v. CNA, 2012 Ill. App. 1st 1112243-U provided a useful discussion of recoverable court costs in the context of a malicious prosecution suit. To prove malicious prosecution, a plaintiff must show (1) the commencement or continuance of a criminal or civil proceeding; (2) the proceeding terminated in the plaintiff’s favor; (3) absence …
Continue reading “Recovering Court Costs In Illinois Litigation – What’s Covered?”
After winning one out of nine claims, the plaintiff – a recently fired loan officer – sued to recover about $30K in attorneys’ fees under the Illinois Wage Payment and Collection Act (IWPCA) from his former employer. Awarding the plaintiff just a fraction (just over $5K) of his claimed fees, the Northern District in Palar v. …
An easy to parrot, hard to apply attorney fee maxim involves the “prevailing party” standard. To get attorneys fees awarded under a statutory or contractual fee-shifting provision, you must “prevail” or win the case. So what happens when your win is a proverbial Pyrrhic one? That is, you win the lawsuit but get only a fraction of the money …