Tag Archives: #commerciallitigator

Commercial Litigation Fundamentals – The Parol Evidence Rule

Parol Evidence Rule and Breach of Contract Actions Parole evidence is a rule of evidence that bestows a preferred status on final written agreements. The rule is designed to provide stability in business transactions. The rule protects the agreement from the risk of perjured testimony and the risk of uncertain testimony of a party with […]

Fundamentals of Commercial Litigation

Fundamentals of the Service of Process The initial step of any lawsuit is the filing of the complaint with the court of proper jurisdiction. In order for the matter to proceed for the court then has to have “jurisdiction” over the person/business entity that is the defendant in the case. To achieve this jurisdiction, the […]

Commercial Litigation Fundamentals – Parol Evidence Rule and Breach of Contract Actions?

Parole evidence is a rule of evidence that bestows a preferred status on final written agreements. The rule is designed to provide stability in business transactions. The rule protects the agreement from the risk of perjured testimony and the risk of uncertain testimony of a party with a “slippery” and “self-serving” memory. At trial, the […]

Three Keys to a Successful Deposition

Speak only to what you know. Do not guess. Do not fabricate. If you do not remember, say so. Stay calm. Breathe. It is easy to let nerves, anxiety and anxiousness to make the deposition much harder than it needs to be. Listen attentively to the questions being asked. Most questions require a simple yes […]

Appellate Court Determines that Merely Calling Forth COVID-19 is Insufficient to Call it a Defense Against Eviction

2460-68 Clark, LLC v. Chopo Chicken, LLC, 2022 IL App (1st) 210119 (January 18, 2022) 2d Div. / Cook Co. (FITZGERALD SMITH) Affirmed. This matter arose due to a dispute between a landlord and tenant regarding the tenant’s inability to pay rent due to restaurant closures during the Covid-19 pandemic. Landlord filed a complaint for […]