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

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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