Car Seller’s Impossibility and Commercial Frustration Defenses Fail In Missing Mercedes Case – IL ND

 (photo credit: www.sfcitizen.com (visited 7.6.15)) Sunshine Imp & Exp Corp. v. Luxury Car Concierge, Inc., 2015 WL 2193808 (N.D.Ill. 2015) serves as a recent example of how difficult it is for a breach of contract defendant to successfully argue the impossibility or commercial frustration defense. There, a case involving multiple layers of interconnected luxury car …

Constructive Fraud in IL Mechanics’ Lien Suits: A Case Study

Here’s one from the vault.  While dated, the case is still relevant for its cogent discussion of important and recurring mechanics’ lien litigation issues.  In Springfield Heating and Air Conditioning, Inc. v. 3947-55 King Drive at Oakwood, LLC, 387 Ill App 3d 906 (1st Dist. 2009), the First District examined the concept of constructive fraud …

Getting E-Mails Into Evidence: (Ind.) Federal Court Weighs In

Since e-mail is the dominant form of business communication across the globe, it’s no surprise that it comprises a large chunk of the documents used as evidence at a business dispute trial. Email’s prevalence in lawsuits makes it crucial for litigators to understand the key evidence authenticity and foundational rules that govern whether an email gets into evidence.  This is especially …