Real Estate Roundup Sharp  Thinking No. 201  Perspectives on Developments in the Law from Sharp-Hundley, P.C.  October 2021 Defective Tenancy By Entirety Creates Joint Tenancy A defective attempt to create a tenancy by the entirety results in a joint tenancy, not a tenancy in common, a panel of the Appellate Court in Chicago has ruled.…

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Mortgage Law Roundup Sharp  Thinking No. 200   Perspectives on Developments in the Law from Sharp-Hundley, P.C.   September 2021 Foreclosure Fee Unconstitutional, High Court Rules Illinois’ special $50 fee for filing mortgage foreclosure cases is unconstitutional, the Illinois Supreme Court has ruled. Acting in Walker v. Chasteen, 2021 IL 126086, the high court characterized the…

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Sharp  Thinking No. 199  _   Perspectives on Developments in the Law from Sharp-Hundley, P.C.   _August 2021 New Law Limits Restrictive Employment Covenants   By Alexis Wiggley, alexis@sharp-hundley.com Illinois Gov. J.B. Pritzker this month approved legislation to expand the Illinois Freedom to Work Act (820 ILCS 90) to limit employers from creating and enforcing covenants not…

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Litigation Law Roundup Sharp  Thinking No. 197   Perspectives on Developments in the Law from Sharp-Hundley, P.C.   June 2021 Elements For Preliminary Injunction Fiercely Debated By John T. Hundley, Sharp Thinking Editor Litigation over the validity of Governor J.B. Pritzker’s eviction moratoria has given rise to a fierce debate in the Appellate Court’s Third District over…

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Litigation Law Roundup Sharp  Thinking No. 196         Perspectives on Developments in the Law from Sharp-Hundley, P.C.         May 2021  Lawyer Liability Under RICO Made More Difficult The Seventh Circuit U.S. Court of Appeals has made significantly more difficult the task of tagging law firms with liability under the Racketeer Influenced…

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Sharp  Thinking No. 195   Perspectives on Developments in the Law from Sharp-Hundley, P.C.   April 2021 Foul Ball Results In Primer On Unconscionability By John T. Hundley, Sharp Thinking Editor Foul ball hits baseball fan in face. She sues.   Major League Baseball and Chicago Cubs invoke arbitration clause. Court rules clause is unenforceable as…

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Litigation Law Roundup Sharp Thinking No. 194     Perspectives on Developments in the Law from Sharp-Hundley, P.C.     March 2021  Gratuitous Transfers Don’t Violate Citation Statute Gratuitous transfers for the benefit of the judgment debtor by citation respondents during the pendency of a citation to discover assets do not violate the restraining provisions of the…

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Mortgage Law Roundup Sharp  Thinking No. 193    Perspectives on Developments in the Law from Sharp-Hundley, P.C.    February 2021 General Description Of Improvements Held Sufficient Failure of the plaintiff to include in the mortgage foreclosure sale notice detailed information about the improvements on the property does not constitute such a failure in the notice…

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Sharp Thinking No. 192  ___   Perspectives on Developments in the Law from Sharp-Hundley, P.C.   __   January 2021 7th Circuit Hands Down New Rules On Standing By John T. Hundley, Sharp Thinking Editor Dramatic changes in litigation under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (FDCPA) – and probably in federal…

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Happy Holidays! Sharp  Thinking No. 191  Perspectives on Developments in the Law from Sharp-Hundley, P.C.  December 2020 Crack Develops In Rule Against Divorce Contingent Fees The rule against contingency fees in marriage dissolution matters may be crumbling. That’s the implication from a recent decision from the Appellate Court in Chicago.  Grund & Leavitt, P.C. v.…

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