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Mortgage Law Roundup Sharp Thinking No. 188 _Perspectives on Developments in the Law from Sharp-Hundley, P.C. _ September 2020 Attacks On Void Judgment Rule Continue Apace By John T. Hundley, john@sharp-hundley.com Attacks on the principle that a void judgment may be attacked at any time continue apace in the Appellate Court’s Second District. In April,…

Bankruptcy Law Roundup Sharp Thinking No. 187 Perspectives on Developments in the Law from Sharp-Hundley, P.C. September 2020 Intent To Surrender In Bankruptcy Yields All Rights: Court The proposition that void judgments may be attacked at any time presumes that the judgment is being attacked by one with a valid interest in…

Banking Law Roundup Sharp Thinking No. 186 Perspectives On Developments In The Law From Sharp-Hundley, P.C. August 2020 One-Year Statute Controls TILA Rescission Suit A debtor’s right to file suit to rescind a mortgage under § 1635 of the federal Truth-In-Lending Act (“TILA”) (15 U.S.C. § 1635) should be subject to a one-year statute of…

Litigation Law Roundup Sharp Thinking No. 185 Perspectives on Developments in the Law from Sharp-Hundley, P.C. July 2020 Court Limits Specific Jurisdiction Doctrine An Illinois court may not exercise specific personal jurisdiction over out-of-state defendants on behalf of out-of-state plaintiffs where the claims at issue do not “arise out of,” or “relate to,” the defendants’…

Focus On Contract Law Sharp Thinking No. 184 Perspectives on Developments in the Law from Sharp-Hundley, P.C. July 2020 High Court Affirms Restore Decision; Holding Unclear By John T. Hundley, john@sharp-hundley.com The Illinois Supreme Court has affirmed the Appellate Court’s decision in Restore Constr. Co. v. Bd. of Ed. of Proviso Tp. H.S. Dist.…

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…