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Defective Tenancy By Entirely Creates Joint Tenancy
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.…
Read MoreForeclosure Fee Unconstitutional, High Court Rules
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…
Read MoreNew Law Limits Restrictive Employment Covenants
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…
Read MoreElements For Preliminary Injunction Fiercely Debated
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…
Read MoreLawyer Liability Under RICO Made More Difficult
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…
Read MoreFoul Ball Results In Primer On Unconscionability
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…
Read MoreGratuitous Transfers Don’t Violate Citation Statute
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…
Read MoreGeneral Description of Improvements Held Sufficient
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…
Read More7th Circuit Hands Down New Rules On Standing
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…
Read MoreCrack Develops In Rule Against Divorce Contingent Fees
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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