Paul Porvaznik – Business Litigator
Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)
An imploded business arrangement for importing and then selling Christmas decorations sets the stage for the Northern District’s (IL) analysis of a slew of signature commercial litigation issues in Sunny Handicraft, Inc. v. Envision This!, LLC, 2015 WL 231108. While the case only involves a ruling on a 12(b)(6) pleadings motion, it’s still post-worthy for its discussion of some …
Continue reading “Unjust Enrichment – For When the Handshake Deal Goes Bad”
Sometimes in breach of contract suits, I see clients (and attorneys, too!) let visceral considerations cloud their judgment. They let emotions factor into a litigation equation that should purely be about “dollars and cents.” What’s to an objective observer a simple monetary dispute, becomes a complex psychological event when a breach of contract plaintiff views the defendant’s breach as a personal affront – one calling …
Courts generally favor contractual arbitration clauses. The reason is that they (in theory at least) save litigants’ time and money and also reduce court congestion. Arbitration provisions appear in varied business settings ranging from franchise agreements and personal services contracts to employment agreements and most everything in between. Willis v. Captain D’s , 2015 IL App (5th) 140234-U examines an arbitration clause in the employment contract …
Continue reading “Contractual Arbitration Clauses and Unconscionability – IL 4th Dist. Case Note”