2020
COVID Case Highlights Impossibility, Related Issues
Focus On Contract Law Sharp Thinking No. 207 Perspectives on Developments in the Law from Sharp-Hundley, P.C. April 2022 COVID Case Highlights Impossibility, Related Issues By John T. Hundley, Sharp Thinking Editor A restaurant operator which attempted to have its rent obligations set aside under the doctrines of impossibility, impracticability and commercial frustration failed to…
Read MoreLaches Bars Challenge To Void Judgment
Litigation Law Roundup Sharp Thinking No. 206 Perspectives on Developments in the Law from Sharp-Hundley, P.C. March 2022 Laches Bars Challenge To Void Judgment We previously have noted a trend, particularly in the Appellate Court’s Second District, to use the doctrine of laches to limit the principle that a void judgment may be attacked…
Read MoreCourt Issues Key Decision On Judicial Estoppel
Happy Holidays! Sharp Thinking No. 203 Perspectives on Developments in the Law from Sharp-Hundley, P.C. December 2021 Court Issues Key Decision On Judicial Estoppel By John T. Hundley, Sharp Thinking Editor The Appellate Court in Chicago has issued a potentially seminal decision involving application of judicial estoppel in Illinois. In Davis v. Pace Suburban…
Read MoreCourt Limits Fiduciary Duty In Lawyer Context
Happy Thanksgiving! Sharp Thinking No. 202 Perspectives on Developments in the Law from Sharp-Hundley, P.C. November 2021 Court Limits Fiduciary Duty In Lawyer Context By John T. Hundley, Sharp Thinking Editor A lawyer who functioned as president of a small law firm, who did not own a stake…
Read MoreForeclosure Fee Unconstitutional, High Court Rules
Mortgage Law Roundup Sharp Thinking No. 200 Perspectives on Developments in the Law from Sharp-Hundley, P.C. September 2021 Foreclosure Fee Unconstitutional, High Court Rules Illinois’ special $50 fee for filing mortgage foreclosure cases is unconstitutional, the Illinois Supreme Court has ruled. Acting in Walker v. Chasteen, 2021 IL 126086, the high court characterized the…
Read MoreLawyer Liability Under RICO Made More Difficult
Litigation Law Roundup Sharp Thinking No. 196 Perspectives on Developments in the Law from Sharp-Hundley, P.C. May 2021 Lawyer Liability Under RICO Made More Difficult The Seventh Circuit U.S. Court of Appeals has made significantly more difficult the task of tagging law firms with liability under the Racketeer Influenced…
Read More7th Circuit Hands Down New Rules On Standing
Sharp Thinking No. 192 ___ Perspectives on Developments in the Law from Sharp-Hundley, P.C. __ January 2021 7th Circuit Hands Down New Rules On Standing By John T. Hundley, Sharp Thinking Editor Dramatic changes in litigation under the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (FDCPA) – and probably in federal…
Read MoreCrack Develops In Rule Against Divorce Contingent Fees
Happy Holidays! Sharp Thinking No. 191 Perspectives on Developments in the Law from Sharp-Hundley, P.C. December 2020 Crack Develops In Rule Against Divorce Contingent Fees The rule against contingency fees in marriage dissolution matters may be crumbling. That’s the implication from a recent decision from the Appellate Court in Chicago. Grund & Leavitt, P.C. v.…
Read MoreHigh Court Reaffirms Successor Liability Rule
SharpThinking No. 190 Perspectives on Developments in the Law from Sharp-Hundley, P.C. November 2020 High Court Reaffirms Successor Liability Rule By John T. Hundley, Sharp Thinking Editor Illinois’ traditional doctrine on corporate successor liability – not the federal doctrine on that subject – applies to claims arising under the Illinois Human Rights Act (775 ILCS…
Read MoreCourt Tells Standards For E-Filing Error Decisions
Litigation Law Roundup Sharp Thinking No. 189 Perspectives on Developments in the Law from Sharp-Hundley, P.C. October 2020 Court Tells Standards For E-Filing Error Decisions The Appellate Court in Chicago has given guidance on what constitutes “good cause shown” in seeking relief when a court clerk’s rejection of an e-filing makes a document untimely. Acting…
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