John Hundley

Decades of apparently settled law governing post-judgment collection methods apparently were turned on their heads by a decision of the Appellate Court in Chicago last month.

Officers of a bank holding company “had no right – much less a duty – to pursue a course of action that directly contradicted” their Board of Directors’ “clear instructions.”

In manager-managed limited liability companies, the manager “alone” is responsible for the “management and conduct of the company’s business,” and he, “exclusively,” decides any matter relating to the company’s business.

Neither Supreme Court Rule 183 nor the rules on e-filing permit a court to backdate a filing when the lapse of the 30-day period under Supreme Court Rule 303 and 735 ILCS 5/2-1203(a) means that the Court has lost jurisdiction.

It is not necessary for the court in a foreclosure action to appoint a special representative for a deceased mortgagor when that mortgagor transferred all interest in the property to another before his death, a panel in the Appellate Court in Chicago has concluded.

A process server who is told flatly by the defendant’s spouse that the defendant does not live at an address need not make repeated attempts to serve the defendant at that address, a panel of the Appellate Court in Chicago has ruled.

Applicants for the bar exam routinely are taught to distinguish between the creation of a security interest and its perfection, and that the resolution of competing claims will depend upon when perfection occurs.

Client waivers of concurrent conflicts of interest are ineffective if a lawyer cannot reasonably believe that he will be able to provide competent and diligent representation to each affected client, the Seventh U.S. Circuit Court of Appeals has held.

“A bargain to refrain from disclosing to a third person, to whom a duty of disclosure exists, information of value or interest to him is illegal.”

In newly-enacted legislation that went into effect January 1, 2018, additional protections were added for individuals who purchase their home on an installment sales contract.