2020
7th 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…
Read MoreAttacks On Void Judgment Rule Continue Apace
Mortgage Law Roundup Sharp Thinking No. 188 _Perspectives on Developments in the Law from Sharp-Hundley, P.C. _ September 2020 Attacks On Void Judgment Rule Continue Apace By John T. Hundley, john@sharp-hundley.com Attacks on the principle that a void judgment may be attacked at any time continue apace in the Appellate Court’s Second District. In April,…
Read MoreIntent To Surrender In Bankruptcy Yields All Rights: Court
Bankruptcy Law Roundup Sharp Thinking No. 187 Perspectives on Developments in the Law from Sharp-Hundley, P.C. September 2020 Intent To Surrender In Bankruptcy Yields All Rights: Court The proposition that void judgments may be attacked at any time presumes that the judgment is being attacked by one with a valid interest in…
Read MoreOne-Year Statute Controls TILA Rescission Suit
Banking Law Roundup Sharp Thinking No. 186 Perspectives On Developments In The Law From Sharp-Hundley, P.C. August 2020 One-Year Statute Controls TILA Rescission Suit A debtor’s right to file suit to rescind a mortgage under § 1635 of the federal Truth-In-Lending Act (“TILA”) (15 U.S.C. § 1635) should be subject to a one-year statute of…
Read MoreCourt Limits Specific Jurisdiction Doctrine
Litigation Law Roundup Sharp Thinking No. 185 Perspectives on Developments in the Law from Sharp-Hundley, P.C. July 2020 Court Limits Specific Jurisdiction Doctrine An Illinois court may not exercise specific personal jurisdiction over out-of-state defendants on behalf of out-of-state plaintiffs where the claims at issue do not “arise out of,” or “relate to,” the defendants’…
Read MoreHigh Court Affirms Restore Decision; Holding Unclear
Focus On Contract Law Sharp Thinking 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…
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