2020
High Court Affirms Restore Decision; Holding Unclear
Focus On Contract Law SharpThinking 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.…
Read MoreAppellate Court Tells Privilege Waiver Rules
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…
Read MoreCourts Crack Down On Summary Judgment Affidavits
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…
Read MoreCourt Issues Primer On Lis Pendens
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…
Read MoreTwo E-Mails Sufficient To Invoke Specific Jurisdiction
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…
Read MoreSeparate Series Status Must Be Asserted Promptly
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…
Read MoreRealty “Flippers” May Be Liable Under Consumer Fraud Act
Real Estate Roundup SharpThinking No. 178 Perspectives on Developments in the Law from Sharp-Hundley, P.C. March 2020 Realty “Flippers” May Be Liable Under Consumer Fraud Act While an individual who sells his or her own residence to another individual generally is not subject to Illinois Consumer Fraud & Deceptive Business Practices Act, 815 ILCS 505,…
Read MoreCourt Limits Liberal Citation Remedies
SharpThinking No. 177 Perspectives on Developments in the Law from Sharp-Hundley, P.C. February 2020 Court Limits Liberal Citation Remedies By John T. Hundley, john@sharp-hundley.com An Appellate Court panel in Chicago has limited sharply the use of citations to discover assets to apply remedies provided by the garnishment statute. Contrasting the garnishment statute (735 ILCS…
Read MoreDefault, Acceleration Terms Are Critical Condition Precedents
Mortgage Law Roundup Sharp Thinking No. 176 Perspectives on Developments in the Law from Sharp-Hundley, P.C. January 2020 Default, Acceleration Terms Are Critical Condition Precedents By John T. Hundley, 618-242-0200, john@sharp-hundley.com Creditors and their collection counsel are being advised to read promissory notes and mortgages closely before filing suits thereon as a result of…
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