Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
An Illinois appeals court recently examined the promissory fraud rule in a medical services contract dispute. The key principle distilled from the court’s unpublished analysis in Advocate Health and Hospitals Corp. v. Cardwell, 2016 IL App (4th) 150312-U is that where fraud claims are based on false promises of future conduct, the claims will fail. …
Continue reading “Broken Promises In Medical Services Agreement Don’t Equal Fraud – IL Court”
In Bell v. Taylor, the Seventh Circuit homes in on the photographer plaintiff’s dearth of damages evidence in his copyright suit about two photographs he took of the Indianapolis skyline. A copyright owner can recover actual damages suffered as a result of infringement and any profits accruing to the infringer. To establish an infringer’s profits, the …
In a Memorandum Opinion and Order that quotes Neil Sedaka and Taylor Swift in its footnotes, the District Court in House of Brides, Inc. v. Angelo, 2016 WL 698093 (N.D.Ill. 2016), examines the quantity and quality of evidence required to win a summary judgment motion. The plaintiff sold wedding clothes on-line and in retail stores and …