Posts by Admin
Trial Courts Must Explain Rule 137 Sanction Denials, Appellate Panel Holds
A trial judge must provide an explanation for a denial of a motion for sanctions brought pursuant to Illinois Supreme Court Rule 137, the Appellate Court’s Fifth District has held.
Read More“Mutual Agreement To Terminate” Clause Unenforceable
A sales representative contract which was terminable only by the mutual agreement of the parties was a contract of indefinite duration and hence terminable at will, a panel of the Appellate Court in Chicago has ruled.
Read MoreBuyers Cannot Waive Incomplete Condition Disclosures
Illinois home buyers do not waive their rights under the Residential Real Property Disclosure Act (765 ILCS 77) by closing the transaction despite omissions on sellers’ disclosure form, a panel in the Appellate Court’s Fourth District has held.
Read MoreViolation of Mortgage License Act Voids Mortgage
A mortgage made by an entity that lacked authorization to conduct such business under the Residential Mortgage License Act (205 ILCS 635) is void as against public policy, a panel in the Appellate Court’s Second District has held.
Read MoreResponse Deadline Is 32 Days For Mailed Requests to Admit
When requests to admit are served by mail, the four-day effectiveness provision of Illinois Supreme Court Rule 12(c) must be taken into account in determining when responses must be served to avoid binding admission of those requests, a panel in the Appellate Court’s First District has held.
Read More2014 Employee Classification Act Amended, Sustained
The Employee Classification Act (820 ILCS 185) has been amended to address the defects found
in Bartlow v. Shannon, 399 Ill.App.3d 560 (5th Dist. 2010), and, as amended, has been sustained by
the Illinois Supreme Court. Bartlow v. Costigan, 2014 IL 115152.
Shareholder, Officer Status Not Required To Pierce Corporate Veil
Neither share ownership nor officer status is required for Illinois courts to apply the doctrine of piercing
the corporate veil, a panel in the Appellate Court’s First District held this month.
“Predatory” Lending May Prevent Foreclosure
Predatory lending may give rise to a defense preventing foreclosure on a mortgage loan, the Supreme
Court of Arkansas held recently.
Exempt Assets Can’t Be Surcharged Due To Debtor Misconduct
A bankruptcy court may not order that a debtor’s exempt assets be used to pay administrative expenses incurred as a result of the debtor’s misconduct, the U.S. Supreme Court has held.
Read MoreAppellate Court Issues Valuable Primer On Liquidated Damages Clauses in Contracts
An Appellate Court panel in Chicago has issued a valuable primer on when liquidated damages clauses will be deemed permissible and impermissible under Illinois law.
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