Civil Litigation
Notice In Forfeiture Action Merely A Statutory Requirement
Litigation Law Roundup Sharp Thinking No. 211 Perspectives on Developments in the Law from Sharp-Hundley, P.C. July 2022 Notice In Forfeiture Action Merely A Statutory Requirement In an in rem forfeiture action, “the lack of notice, even if that lack of notice amounted to a due process violation, [cannot] deprive the circuit court of…
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 More8:1 Punitive Damages Ration OK In Egregious Cases
Litigation Law Roundup Sharp Thinking No. 205 Perspectives on Developments in the Law from Sharp-Hundley, P.C. February 2022 8:1 Punitive Damages Ratio OK In Egregious Cases A ratio of punitive to compensatory damages in the high single-digit range is appropriate “when the defendant’s conduct is particularly egregious and the plaintiff’s harm arose from…
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 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 MoreGratuitous Transfers Don’t Violate Citation Statute
Litigation Law Roundup Sharp Thinking No. 194 Perspectives on Developments in the Law from Sharp-Hundley, P.C. March 2021 Gratuitous Transfers Don’t Violate Citation Statute Gratuitous transfers for the benefit of the judgment debtor by citation respondents during the pendency of a citation to discover assets do not violate the restraining provisions of the…
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 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 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 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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