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?”
The Case: Rosenbach v. NorStates Bank, 2014 IL App (2d) 131162-U Facts Summary: Plaintiff LLC member who guaranteed commercial real estate loan sues the lender after lender makes (allegedly) unauthorized loan advances, declares a default against the LLC and seizes over $200,000 of the plaintiff’s personal funds that were pledged to induce the loan to the LLC. Plaintiff’s claims are for breach of contract and a …
Continue reading “Unconscionability: Substantive and Procedural – Illinois Case Snapshot”
(photo credit: www.anp.com; google images (12.19.14) This article highlights the importance of using proper terminology and clearly defining payment obligations in written construction agreements. In Schmoldt & Daniels Masonry v. 723 S. Neil, LLC, 2014 IL App (4th) 140102-U, the court discusses the difference between a time-and-materials contract and a lump sum contract and …
Continue reading “Contractor Can Recover for Extra Work Under Time & Materials Contract – IL”