Title to real estate is typically held in one of three ways: tenancy in common, joint tenancy and tenancy by the entirety. The salient characteristic of tenancy in common is that each owner holds a ½ interest in the property and that upon an owner’s death, his/her share passes to his/her heir. Joint tenancy’s hallmark …
Tag Archives: litigation
Subcontractor’s Failure to Get Certified Mail ‘Green Cards’ into Evidence = Draconian Trial Loss in Lien Spat
The Second District appeals court recently affirmed a harsh result against a subcontractor who failed to properly serve a Section 24 notice in accordance with the strictures of the Illinois Mechanics Lien Act. The earth-moving subcontractor recorded a lien against a nascent Starbucks in Chicago’s western suburbs seeking payment for various change orders. It sent …
Limitation of Damages Clause Doesn’t Bar Trade Secrets, Copyright Claims – IL ND
A Federal district court in Illinois recently addressed the scope of a limitation of damages provision in a dispute over automotive marketing software. The developer plaintiff in Aculocity, LLC v. Force Marketing Holdings, LLC, 2019 WL 764040 (N.D. Ill. 2019), sued the marketing company defendant for breach of contract – based on the defendant’s failure …
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