Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
Illinois’ First District provides an exhaustive analysis of liquidated damage principles in GK Development, Inc. v. Iowa Malls Financing Corporation, 2013 IL App (1st) 112802. Here are some useful bullets: In Illinois, contracting parties are free to pre-set damage amounts; but only at an amount that is reasonable in the light of the anticipated or actual loss caused …
Continue reading “Illinois Court Gives Liquidated Damages Tutorial in Shopping Center Spat”
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”
In Wheeling Park District v. Arnold (2014 IL App (1st) 123185)), the First District addresses whether a party suing on a contract must sign it in order to enforce it. The plaintiff Park District sued to enforce a severance agreement it reached with a former employee. Under the severance agreement, the District paid the employee three months of severance pay …
Continue reading “Employer Can Enforce Unsigned (By It) Severance Agreement – Illinois Court”