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SharpThinking No. 183 Perspectives on Developments in the Law from Sharp-Hundley, P.C. June 2020 Appellate Court Tells Privilege Waiver Rules By John T. Hundley, 618-242-0200, john@sharp-hundley.com Selby v. O’Dea, 2020 IL App (1st) 181951, discussed on other points in Sharp Thinking No. 182 (May 2020), looks to…

SharpThinking No. 182 Perspectives on Developments in the Law from Sharp-Hundley, P.C. May 2020 Courts Crack Down On Summary Judgment Affidavits By John T. Hundley, John@sharp-hundley.com Litigators frequenting Illinois state courts had best beware: the requirements for affidavits supporting and opposing motions for summary judgment increasingly are being interpreted strictly. That’s the message being…

Real Estate Roundup SharpThinking No. 180 Perspectives on Developments in the Law from Sharp-Hundley, P.C. April 2020 Court Issues Primer On Lis Pendens By John T. Hundley, 618-242-0200, john@sharp-hundley.com The Appellate Court’s Third District has issued a valuable primer on the theory and use of the doctrine of…

Litigation Law Roundup SharpThinking No. 179 Perspectives on Developments in the Law from Sharp-Hundley, P.C. April 2020 Two E-Mails Sufficient To Invoke Specific Jurisdiction Two emails sent into Illinois from outside the state were sufficient contacts to force the sender to defend a defamation lawsuit in Illinois, a panel of the Appellate Court’s Third District…

Corporate Law Roundup SharpThinking No. 181 Perspectives on Developments in the Law from Sharp-Hundley, P.C. April 2020 Separate Series Status Must Be Asserted Promptly By John T. Hundley, 618-242-0200, john@sharp-hundley.com A series limited liability company (“LLC”) may not rely on a conclusory assertion of its separate existence and may be estopped from asserting…

Real Estate Roundup SharpThinking No. 178 Perspectives on Developments in the Law from Sharp-Hundley, P.C. March 2020 Realty “Flippers” May Be Liable Under Consumer Fraud Act While an individual who sells his or her own residence to another individual generally is not subject to Illinois Consumer Fraud & Deceptive Business Practices Act, 815 ILCS 505,…

SharpThinking No. 177 Perspectives on Developments in the Law from Sharp-Hundley, P.C. February 2020 Court Limits Liberal Citation Remedies By John T. Hundley, john@sharp-hundley.com An Appellate Court panel in Chicago has limited sharply the use of citations to discover assets to apply remedies provided by the garnishment statute. Contrasting the garnishment statute (735 ILCS…

Mortgage Law Roundup Sharp Thinking No. 176 Perspectives on Developments in the Law from Sharp-Hundley, P.C. January 2020 Default, Acceleration Terms Are Critical Condition Precedents By John T. Hundley, 618-242-0200, john@sharp-hundley.com Creditors and their collection counsel are being advised to read promissory notes and mortgages closely before filing suits thereon as a result of…

Happy Holidays! Sharp Thinking No. 175 Perspectives on Developments in the Law from Sharp-Hundley, P.C. December 2019 Chapter 13 Plan Confirmation Creates Judicial Estoppel Confirmation of a Chapter 13 plan is a sufficient benefit to estop the bankruptcy debtor from prevailing on an inconsistent position taken in state-court litigation the existence of which was…

Happy Thanksgiving Sharp Thinking No. 174 Perspectives on Developments in the Law from Sharp-Hundley, P.C. November 2019 Municipality May Be Liable In Quantum Meruit Even Though Contract Is Void In Law, Court Says A municipal body can be held liable under the equitable doctrines of quantum meruit and implied in law contracts even…