Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
The misnomer and mistaken identity doctrines each involve situations where a plaintiff has sued a defendant too late. Misnomer is basically a spelling error. The plaintiff can correct a misspelled defendant’s name at any time, even after judgment. 735 ILCS 5/2-401(b). With mistaken identity, the analysis is more intricate: the court applies Code …
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Publications International Limited v. Mindtree Limited, 2014 WL 3687316 (N.D.Ill. 2014) looks at whether a Web site developer is financially responsible for a customer’s multiple system crashes. The plaintiff on-line consumer products reviewer sued the defendant information-technology firm after the plaintiff’s site kept malfunctioning. The plaintiff sued for breach of the parties’ written consulting agreement …