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Articles Posted in Illinois Civil Procedure

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Illinois Appellate Court Holds When More Than Two Years Have Passed After Decedent’s Death, Mortgagee May Not Initiate a Foreclosure

Thomas Topal owned real estate in Benld, Ill., when he died on March 15, 2017.  The mortgage on the property was held by First National Bank in Staunton, Ill. In February 2020, Associated Bank N.A. (Associated) acquired First National Bank and succeeded it as mortgagee. On Oct. 22, 2020, just…

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Illinois Appellate Court Affirms Motion to Dismiss Derivative Lawsuit Where No Certified Answer was Filed by Defendants

Ashad Umrani and Mundar Jatoi, the plaintiffs, brought a derivative action on behalf of Sindhi Association of North America (SANA) against SANA and several SANA office holders. They alleged misconduct and breach of fiduciary duties, fraud, and spoliation of evidence against SANA executive council members and other office holders. SANA…

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Illinois Supreme Court Decides Contribution Act Exception, Obligation of a Tortfeasor Who Is Not Uncollectible

In a federal district court matter, the district judge ruled that the obligation of a defendant who settled a negligence lawsuit wasn’t “uncollectible” and would not be reallocated between the remaining tortfeasors. The Illinois Supreme Court, answering a question presented by the 7th Circuit Court of Appeals, concluded that “the…

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Illinois Appellate Court Reverses Good Faith Finding in Wrongful Death, Joint Tortfeasor Contribution Act Lawsuit

On April 27, 2017, Kevin Hartley was working for his uncle, Tony Hartley, at Hartley’s Painting. Hartley was refinishing the bathtub at an apartment complex in Nashville, Tenn. While on the job, Kevin was wearing a respirator mask and gloves but was overcome by fumes from the NAPCO White Lighting…

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Illinois Appellate Court Reverses Judgment in Favor of Plaintiff Based Upon an Admission of Negligence Under the Theory of Agency

In a 2-1 decision, the Illinois Appellate Court reversed a judgment that resulted in a $1 million verdict in punitive damages and a $163,327 in compensatory damages. The suit was brought against Pan-Oceanic Engineering Co. for reckless conduct that allegedly caused a motor vehicle crash, injuring Fletcher McQueen.  It was…

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Illinois Appellate Court Reverses Order Regarding Specific and General Jurisdiction

Tomas Buron was stuck by a delivery truck driven by Shane M. Lignar, an employee of Lily Transportation Co., on Nov. 27, 2017. The incident occurred in the parking lot of the Whole Foods delivery building in Munster, Ind. Buron filed a lawsuit against Lignar and Lily in Cook County.…

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Illinois Appellate Court Affirms Order for Defendant to Produce Insurer Information Regarding Hired Controlled Physician Experts

During discovery in a negligence case, State Farm Insurance Co. retained outside counsel to defend Allison Rancour. In this Kane County case, the attorneys named Drs. Benjamin Goldberg and Michael Musacchio as controlled experts. The plaintiff requested a list of the amounts paid to each of the doctors in every…

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Illinois Appellate Court Affirms Dismissal Based on Statute of Limitations for Counterclaim

Susan Danzig and Carla Davis, plaintiffs, attended a student play put on by the Professional Theater and Dance Youth Academy (dance academy) at the Woodlawn facility at The University of Chicago Charter School Corp. (charter school) on Feb. 24, 2017. While there, the plaintiffs were instructed to sit on a…

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Illinois Appellate Court Reverses Dismissal of Injured Plaintiff’s Case Who Sued the Wrong Entity, Allowing Piercing of Corporate Veil

A Will County judge rejected Diana Angell’s attempt to use veil-piercing to overcome a mistake made in suing the wrong defendant. Her attorney sued Santefort Family Holdings LLC when she should have targeted an affiliated company known as Midwest Home Rentals LLC. Having done so, the circuit court judge dismissed…

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$1 Million Settlement, But No Recovery as Insurer is Placed in Liquidation

James Richardson was seriously injured in an auto crash at 53rd Street and Western Avenue in Chicago, which resulted in a settlement for $1 million against Night Dream Inc. and Shaun T. Small. However, their Nevada-based insurer, Spirit Commercial Auto RRG Inc., was placed in liquidation before it funded the…

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