Sharp Thinking
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 More“Dead” Corporation Can’t Claim Attorney-Client Privilege
Corporate Law Roundup Sharp Thinking No. 210 Perspectives on Developments in the Law from Sharp-Hundley, P.C. June 2022 “Dead” Corporation Can’t Claim Attorney-Client Privilege A dissolved corporation which is not engaging in winding up activities and has no active management may not assert the attorney-client privilege, a panel in the Appellate Court’s…
Read More7th Circuit Extends New Standing Rules, But Open Dissent Develops
Sharp Thinking No. 209 Perspectives on Developments in the Law from Sharp-Hundley, P.C. May 2022 7th Circuit Extends New Standing Rules, But Open Dissent Develops By John T. Hundley, Sharp Thinking Editor In past issues of this newsletter, we’ve covered the new standing rules handed down by the Seventh U.S. Circuit Court of Appeals…
Read MoreCourt Clarifies Standing Requirements In FDCPA Context
Litigation Law Roundup Sharp Thinking No. 208 Perspectives on Developments in the Law from Sharp-Hundley, P.C. May 2022 Court Clarifies Standing Requirements In FDCPA Context The Seventh Circuit Court of Appeals recently issued an important decision clarifying federal standing requirements in the Fair Debt Collection Practices Act context. Acting in Ewing v. Med-1…
Read MoreCOVID Case Highlights Impossibility, Related Issues
Focus On Contract Law Sharp Thinking No. 207 Perspectives on Developments in the Law from Sharp-Hundley, P.C. April 2022 COVID Case Highlights Impossibility, Related Issues By John T. Hundley, Sharp Thinking Editor A restaurant operator which attempted to have its rent obligations set aside under the doctrines of impossibility, impracticability and commercial frustration failed to…
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 MoreFour New Cases Address Equitable Remedies
Focus On Contract Law Sharp Thinking No. 204 Perspectives on Developments in the Law from Sharp-Hundley, P.C. January 2022 Four New Cases Address Equitable Remedies By John T. Hundley, Sharp Thinking Editor As 2021 drew to a close, a spate of cases addressed the question of what equitable remedies are available in contractual contexts. …
Read MoreCourt Issues Key Decision On Judicial Estoppel
Happy Holidays! Sharp Thinking No. 203 Perspectives on Developments in the Law from Sharp-Hundley, P.C. December 2021 Court Issues Key Decision On Judicial Estoppel By John T. Hundley, Sharp Thinking Editor The Appellate Court in Chicago has issued a potentially seminal decision involving application of judicial estoppel in Illinois. In Davis v. Pace Suburban…
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 More