Skip to content

2013

Collective Liability Complaint Strikes Out

A complaint which alleges wrongs against multiple defendants collectively, without details about who did what, fails the requirement of plausibility which Supreme Court cases have imported into Federal Rules of Civil Procedure 12(b)(6), the U.S. Court of Appeals for the Seventh Circuit has held.

Read More

Citation Respondent May Rely on Face of Un-Freeze Order

A respondent that has frozen an account in response to a citation to discover assets is entitled to unfreeze that account upon receipt of an order “the most reasonable reading of which” unfreezes the account, the U.S. Court of Appeals for the Seventh Circuit has held.

Read More

Organization’s Financial Difficulty Doesn’t Insulate Officers

Just because an organizational employer is in financial trouble does not absolve its managers of potential personal liability under the Illinois Wage Payment and Collection Act, 820 ILCS 115 (“IWPCA”), if they “have discretion to pay plaintiff but cho[o]se to allocate resources elsewhere,” according to a recent decision of the Appellate Court’s Second District.

Read More

Divorce Retainers May Be Diverted To Opponent

The Illinois Supreme Court has affirmed that in a dissolution-of-marriage action, a trial court may order that advance payment retainer funds held by one party’s attorney be turned over to opposing counsel as interim attorney fees.

Read More

Bankruptcy Intake Form Held Not Privileged

Look for increased attempts to discover those intake forms used by bankruptcy practitioners – and also fee information for all lawyers – as a result of a recent decision by the Seventh Circuit U.S. Court of Appeals.

Read More

ISBA Suggests Duty to Make “Noisy Withdrawal

Mere withdrawal when a client persists in utilizing false material evidence, without disclosure thereof to the tribunal in a civil matter, ordinarily is improper even if the lawyer had no role in creating or presenting the false evidence, an Illinois State Bar Association committee has opined.

Read More

Judicial Estoppel Doctrine Is Flexible, 7th Circuit Emphasizes

Because judicial estoppel is concerned with protecting the integrity of the courts from the appearance and reality of manipulative litigation conduct, courts considering that doctrine have the “freedom to consider the equities of an entire case” and can even impose the estoppel where the party estopped and the party which committed the underlying conduct are not perfectly identical, the U.S. Court of Appeals for the Seventh Circuit has held

Read More