The Illinois 4th District recently bounced two homeowners’ lawsuit against their next-door neighbors for installing a basketball court on the neighbors’ property. Fed up with the neighbor kids’ incessant basketball playing, the plaintiffs in Bedows v. Hoffman, 2016 IL App (4th) 160146-U sued for injunctive relief and damages. The plaintiffs’ complaint alleged the basketball court …
Author Archives: PaulP
Evidence Rules Interplay – Authenticating Facebook Posts and YouTube Videos
Evidence Rules 901, 803 and 902 respectively govern authentication generally, the foundation rules for business records, and “self-authenticating” documents at trial. The Fourth Circuit recently examined the interplay between these rules in the context of a Federal conspiracy trial. In United States v. Hassan, 742 F.3d 104 (4th Cir. Feb. 4, 2014), the Fourth Circuit affirmed …
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Course of Dealing Leads to Implied-In-Fact Contract Judgment in Construction Spat – IL First Dist.
While a signed agreement is almost always preferable to an oral one, the absence of a writing won’t always doom a breach of contract action. Trapani v. Elliot Group, Inc., 2016 IL App (1st) 143734, examines what happens when parties don’t sign a contract but still act as if an agreement exists. In a construction …