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Articles on Case Summaries

Bank Not Liable Under Fiduciary Obligations Act By Michael Weissman Commercial Banking, Collections, and Bankruptcy, November 2021 A summary and analysis of Praither v. Northbrook Bank & Trust Co., in which a noncustomer of a bank sought to hold the bank liable under the Fiduciary Obligations Act.
Illinois Appellate Court Affirms Transgender Individuals Are Protected Under the IHRA By Ronald S. Langacker Human and Civil Rights, November 2021 The appellate court recently found that Hobby Lobby discriminated against employee Meggan Sommerville on the basis of her gender identity by denying access to the women’s restroom throughout her employment in Hobby Lobby Stores, Inc. v. Sommerville.
Illinois Supreme Court Case Report By Hon. Brian McKillip, (ret.) Civil Practice and Procedure, November 2021 Summaries of recent Illinois Supreme Court cases.
Recent Case Vignettes – November 2021 By Richard W. Rappold Real Estate Law, November 2021 Summaries of two cases of interest to real estate practitioners in Illinois.
Case Summary: Leroy K.D. v. Nicole B. By Cristina Rizen Child Law, October 2021 A summary and analysis of Leroy K.D. v. Nicole B.
Divided Illinois Supreme Court Holds That Fiduciaries Are Not Liable for Usurpation of a Corporate Opportunity Where the Opportunity Taken Was Not Exclusive By Samuel Neschis Business and Securities Law, October 2021 In Indeck Energy Services, Inc. v. DePodesta, the Illinois Supreme Court addressed the question of whether a fiduciary can be liable for usurpation of a corporate opportunity where the fiduciary’s personal taking of the opportunity did not prevent the corporation from being able to take advantage of the opportunity as well.
First District Confirms that Child Rapist Does Not Have Parental Rights if Victim Mother Withdraws Her Consent By Kelly Thames Bennett Child Law, October 2021 A summary and analysis of In re Parentage of D.S.
Illinois Supreme Court Issues Decision Regarding Convicted Child Sex Offenders and Public Parks By Lori G. Levin Criminal Justice, October 2021 People of the State of Illinois v. Patrick Legoo addressed the misdemeanor conviction of a parent who was an adjudicated child sex offender who entered a public park to retrieve his minor child.
Tails of Woe! Judicial Humor—Yes or No? By Laura L. Lundsgaard Real Estate Law, October 2021 A summary of Gaetjens v. City of Loves Park and analysis of when judicial humor is appropriate.
‘What Can Be Given Can Be Taken Away’: In re Parentage of D.S. By Sean P. Sullivan Child Law, October 2021 A summary and analysis of In re Parentage of D.S.
When Wanting Out Can Be Held Against You: In re the Marriage of Prill and the Unconscionability of Postnuptial Agreements By Michael Levy Family Law, October 2021 A summary and analysis of In re the Marriage of Prill.
1 comment (Most recent October 12, 2021)
Casenote: People v. Hartfield By Mark Kevin Wykoff, Sr. Criminal Justice, September 2021 In People v. Hartfield, the appellate court considered whether Kelvin Hartfield’s speedy-trial rights were violated.
Emotional Harms Cannot Be the Sole Basis for a Claim Under the FDCPA By Kevin Stine Commercial Banking, Collections, and Bankruptcy, September 2021 In Wadsworth v. Kross, Lieberman & Stone, Inc., the appellate court dismissed a complaint filed under the Fair Debt Collection Practices Act because the plaintiff did not suffer any concrete harm.
Illinois Supreme Court Holds Private Process Server Must Be ‘Special’ to Serve in Cook County for Action Filed in Another County By Hannah R. Lamore Young Lawyers Division, September 2021 A summary and analysis of Municipal Trust and Savings Bank v. Dennis J. Moriarty.
Illinois Supreme Court Holds Private Process Server Must Be ‘Special’ to Serve in Cook County for Action Filed in Another County By Hannah R. Lamore Civil Practice and Procedure, September 2021 A summary and analysis of Municipal Trust and Savings Bank v. Dennis J. Moriarty.
In re Marriage of Durdov: The ‘What Was Contemplated…’ Virus Spreads to the first district By Judge Arnold F. Blackman, (ret.) Family Law, September 2021 A summary and analysis of In re Marriage of Durdov.
1 comment (Most recent September 14, 2021)
The Second District Civil Decision Digest for the Commercial Banking, Collections, & Bankruptcy Section By Andrew J. Mertzenich Commercial Banking, Collections, and Bankruptcy, September 2021 Case summaries of interest to members of the Commercial Banking, Collections, & Bankruptcy Section.
Testing the Waters By Michael Strauss Family Law, August 2021 A summary and analysis of Palos Community Hospital v. Humana Insurance Company, Inc.
Casenote: Rivera v. Bank of New York Mellon & Bayview Loan Servicing, LLC By Joseph W. Rogul Real Estate Law, July 2021 Rivera v. Bank of New York Mellon & Bayview Loan Servicing, LLC illustrates the interplay between the Illinois Constitution’s Home Rule clause, Illinois statutory law, and state preemption of an ordinance of a Home Rule unit of local government.
A Litigant’s Absolute Right to a Substitution of Judge: ‘Test the Waters’ Doctrine Abolished By Judge Brian McKillip, (ret.) Civil Practice and Procedure, July 2021 In Palos Community Hospital v. Humana Insurance Company, the Illinois Supreme Court dealt a fatal blow to a doctrine that had clouded the issue of a litigant’s absolute right to a substitution of judge in a civil action.
The Second District Civil Decision Digest for the Commercial Banking, Collections, & Bankruptcy Section By Andrew J. Mertzenich Commercial Banking, Collections, and Bankruptcy, May 2021 Case summaries of interest to members of the Commercial Banking, Collections, & Bankruptcy Section.
Case Briefs Alternative Dispute Resolution, April 2021 Summaries of recent cases of interest to alternative dispute resolution practitioners.
Case Note: State Farm Mutual Automobile Insurance Co. v. Elmore By George Leynaud Tort Law, April 2021 A summary and analysis of the appellate court’s decision in the case of State Farm Mutual Insurance Co. v. Elmore, which held that under State Farm’s definition of the term “mechanical device,” liability coverage would be afforded only for injuries arising when grain is unloaded from the insured truck by hand or by a hand truck. 
Illinois Road & Transportation Builders Ass’n, et al. v. County of Cook: An Appeal Involving Questions of Standing, Justiciability, and the Illinois Constitution By Ori Weisz State and Local Taxation, April 2021 A summary and analysis of Illinois Road & Transportation Builders Ass’n, et al. v. County of Cook.
O’Neil, Hollywood, and Their Calls for Legislative Action By Dane C. Nelson Young Lawyers Division, April 2021 A look at O’Neil v. Illinois Workers’ Compensation Commission and Hollywood Casino-Aurora, Inc. v. Illinois Workers’ Compensation Commission.
This Article ‘Relates to’ the U.S. Supreme Court’s Recent Decision Regarding Specific Jurisdiction By Bryce Persichetti Young Lawyers Division, April 2021 Last month, the United States Supreme Court issued a decision in a products liability case, Ford Motor Co. v. Montana Eighth Judicial District, that may impact specific personal jurisdiction in other types of cases.
Does a Bank’s Perfected Security Interest in Crops Prevail Over a Landlord’s Agricultural Lien? By Michael Weissman Commercial Banking, Collections, and Bankruptcy, March 2021 A summary and analysis of Bank of Kremlin v. Ara, L.P.
Second District Appellate Decision Digest By Andrew J. Mertzenich Commercial Banking, Collections, and Bankruptcy, March 2021 Case summaries of interest to members of the Commercial Banking, Collections, & Bankruptcy Section.
Case Summary (Re: Buyer’s Attorney’s Duties) By Joseph R. Fortunato Real Estate Law, February 2021 Crawford v. Hayen, et al. involves a legal malpractice claim against a law firm brought by a buyer of a condominium unit.
Defense Attorney’s Closing Argument Went Too Far, Case Reversed & Remanded: Michael Konewko v. Advocate Health & Hospitals Corp. By Robert Handley Civil Practice and Procedure, February 2021 A summary and analysis of Michael Konewko v. Advocate Health & Hospitals Corp.

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