2014
2014 Employee Classification Act Amended, Sustained
The Employee Classification Act (820 ILCS 185) has been amended to address the defects found
in Bartlow v. Shannon, 399 Ill.App.3d 560 (5th Dist. 2010), and, as amended, has been sustained by
the Illinois Supreme Court. Bartlow v. Costigan, 2014 IL 115152.
Shareholder, Officer Status Not Required To Pierce Corporate Veil
Neither share ownership nor officer status is required for Illinois courts to apply the doctrine of piercing
the corporate veil, a panel in the Appellate Court’s First District held this month.
“Predatory” Lending May Prevent Foreclosure
Predatory lending may give rise to a defense preventing foreclosure on a mortgage loan, the Supreme
Court of Arkansas held recently.
Exempt Assets Can’t Be Surcharged Due To Debtor Misconduct
A bankruptcy court may not order that a debtor’s exempt assets be used to pay administrative expenses incurred as a result of the debtor’s misconduct, the U.S. Supreme Court has held.
Read MoreAppellate Court Issues Valuable Primer On Liquidated Damages Clauses in Contracts
An Appellate Court panel in Chicago has issued a valuable primer on when liquidated damages clauses will be deemed permissible and impermissible under Illinois law.
Read MoreCrime-Fraud Rule May Apply Despite Lawyer Innocence
A trial court need not conduct an in camera review of the subject communications in order to hold that they are subject to the crime-fraud exception to the attorney-client privilege, the Illinois Supreme Court has reiterated.
Read MoreParty Charged With Reading Actual Recorded Document
A party must read the actual notice of lis pendens and may not rely upon an erroneous summary
thereof provided by a recorder of deeds, a panel in the Appellate Court’s First District has held.
§ 2-1301(e) Applies Until Confirmation Motion Is Filed
A mortgagor who is properly served, who receives notices of the default, the judgment of foreclosure and the sale, who participates in the proceedings, but who waits 10 months after the default judgment before seeking to vacate same and to raise pleading defects, may not have the judgment and sale vacated even under the liberal rules of 735 ILCS 5/2-1301(e), the Illlinois Supreme Court held recently.
Read More