Civil Litigation
Court 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…
Read MoreMunicipality May Be Liable In Quantum Meruit Even Though Contract Is Void In Law, Court Says
Happy Thanksgiving Sharp Thinking No. 174 Perspectives on Developments in the Law from Sharp-Hundley, P.C. November 2019 Municipality May Be Liable In Quantum Meruit Even Though Contract Is Void In Law, Court Says A municipal body can be held liable under the equitable doctrines of quantum meruit and implied in law contracts even…
Read MoreGuaranty Triggered by Resistance to Foreclosure Is Enforceable, Court Says
By John T. Hundley, Jhundley@lotsharp.com, 618-242-0246
A provision making obligors personally liable if they resist foreclosure on an otherwise non-recourse obligation is enforceable, a panel of the Illinois Appellate Court in Chicago has held.
Foreclosure Judgment Not Final And Appealable, High Court Says
A mortgage foreclosure judgment generally is a “final order” but not a “final and appealable” order, the Illinois Supreme Court said late last month.
Read MorePrice Alone No Basis To Void Judicial Sale, Court Holds
Inadequacy of the sales price, standing alone, is not a sufficient reason to deny confirmation of a judicial sale, a panel in the Appellate Court in Chicago held late last month.
Read MoreThree-Year Statute Governs Conversion of Check
Conversion and negligence claims against a bank, arising from a lawyer’s forgery of a client’s
signature to a settlement check, are governed by the three-year statute of limitation of 810 ILCS 5/3-118(g), a panel in the Appellate Court’s Fifth District has held.
Judicial Estoppel Doctrine Continues To Evolve
The doctrine of judicial estoppel, which has become one of the most potent weapons against bankruptcy fraud (see Sharp Thinking No. 57 (February 2012), continues to evolve in the nation’s federal courts.
Read MoreNo “Subject Matter Waiver” of Privilege From Disclosure in Business Transaction
The doctrine of “subject matter” waiver of privilege does not apply to the extra-judicial disclosure of attorney-client communications not thereafter used by the client to gain an adversarial advantage inlitigation, the Illinois Supreme Court held late last month.
Read MoreFDCPA Prohibits Wide Range of Misconduct
Harassment, Abuse, Misleading Representations, “Unfair Practices” All Prohibited
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