No “Subject Matter Waiver” of Privilege From Disclosure in Business Transaction
The doctrine of “subject matter” waiver of privilege does not apply to the extra-judicial disclosure of attorney-client communications not thereafter used by the client to gain an adversarial advantage inlitigation, the Illinois Supreme Court held late last month.Read More
Illinois Statute on Citations to Discover Assets Is Amended
Illinois’ statute on citations to discover assets (see Sharp Thinking No. 1 (Nov. 2007), No. 68 (July
2012)) has been significantly amended.
Assembly Increases Sanctions for Visitation Violations
The General Assembly has increased the sanctions for custodial parents who violate visitation orders.
Effective August 21, 2012, the legislature added to 625 ILCS 5/7-701 (a statute previously reserved
for parents who failed to pay child support) language making the violation of a visitation order grounds fordriver’s license suspension. In P.A. 97-1047, it also toughened other enforcement mechanisms for
visitation abuse as set forth in 750 ILCS 5/607.1.
Failure to File Sworn Response in 28 Days Yields Binding Admission
Another panel of the Illinois Appellate Court has come down on the side of putting teeth into Illinois Supreme Court Rule 216 on requests to admit (see Sharp Thinking No. 39, Nov. 2010).Read More
Forbearance Agreements Are Enforceable, Court Rules
Forbearance agreements, including waivers of defenses and other concessions which the lender
sought in exchange for forbearing, are legally enforceable, even against consumers, a panel of the
Illinois Appellate Court has ruled.
Decision Shows FDIC Power to Ban Officials from Banking
The Federal Deposit Insurance Corp. (FDIC) has broad powers to banish bank officials from the industry, a recent decision by the United States Court of Appeals in Chicago demonstrates.Read More
New Corporation Sometimes May Be Held Liable for Old Corporation’s Debts
A court may hold that a new corporation is liable for the debts of a predecessor corporation where the
common shareholders are sufficient to exercise control of the new corporation, an Appellate Court panel in Chicago has ruled, rejecting an argument that the ownership of the two corporations had to be identical.
Appellate Court Moves Toward More Uniform Approach On Burden of Proof on Non-Custodial Parent Visitation
The Fourth District of the Illinois Appellate Court has reversed its prior holding regarding the
burden of proof for non-custodial parents’ visitation rights and moved toward a more uniform
interpretation across the state on that issue.
Spouse’s Duty to Pay Opponent’s Attorney Fees May Be Held Non-Dischargeable in Bankruptcy
Attorney fees ordered to be paid by one spouse on behalf of the other are non-dischargeable in Chapter 7 bankruptcy proceedings, a bankruptcy judge in Central Illinois held recentlyRead More
Use of Credit Card Accepts Previously-Communicated Standard Terms
A credit card holder who uses the card after receipt of original or amended standard terms thereby agrees thereto for purposes of that transaction, an Appellate Court panel ruled recently.Read More