Litigation Law Roundup Sharp  Thinking No. 197   Perspectives on Developments in the Law from Sharp-Hundley, P.C.   June 2021 Elements For Preliminary Injunction Fiercely Debated By John T. Hundley, Sharp Thinking Editor Litigation over the validity of Governor J.B. Pritzker’s eviction moratoria has given rise to a fierce debate in the Appellate Court’s Third District over…

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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…

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Sharp  Thinking No. 195   Perspectives on Developments in the Law from Sharp-Hundley, P.C.   April 2021 Foul Ball Results In Primer On Unconscionability By John T. Hundley, Sharp Thinking Editor Foul ball hits baseball fan in face. She sues.   Major League Baseball and Chicago Cubs invoke arbitration clause. Court rules clause is unenforceable as…

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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…

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Mortgage Law Roundup Sharp  Thinking No. 193    Perspectives on Developments in the Law from Sharp-Hundley, P.C.    February 2021 General Description Of Improvements Held Sufficient Failure of the plaintiff to include in the mortgage foreclosure sale notice detailed information about the improvements on the property does not constitute such a failure in the notice…

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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…

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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.…

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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…

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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…

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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’…

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