Imagine issuing a document request, being met with claims of privilege and redacted documents, issuing a subpoena in an effort to acquire the information requested, and being met with silence. If you are the Inspector General of the City of Chicago (“Inspector General”), you may assume outside counsel could help you enforce the subpoena in…
Author Archives: Christine Polk Mohr
Narrow Definition of “Claim Accrual” Under the UCC
The Illinois Appellate Court recently followed the weight of foreign authority to narrowly define “claim accrual” under Section 9-404(a)(2) of the Uniform Commercial Code (“UCC”). (810 ILCS 5/9-404(a)(2)). Specifically, the Court held a claim does not accrue until a cause of action has accrued. The case is: Puritan Finance Corp. v. Bechstein Construction Corp., 2012…
Ineffective Assignment for Collection
What happens when there is acrimony amongst the sibling shareholders of a family owned and operated business? The case is Kenny v. Kenny Industries, Inc., 2012 IL App (1st) 111782 (September 4, 2012). Kenny Industries, Inc. was formed as a holding company for the Kenny family’s business entities. Several Kenny siblings, including Gerard Kenny, were…
Just Answer the Complaint
Benjamin Franklin said: “it takes many good deeds to build a good reputation, and only one bad one to lose it.” To establish and maintain their reputations, practitioners should do their best in representing their client, drafting pleadings, making representations to the court, and participating in pro bono and community activities. In an attorney’s eagerness…
Lawyers offer advice on creating an enjoyable practice
As graduation season winds down, I have been thinking back to my own graduation and the advice I received. I remember the sense of excitement and fear of what was coming next. At my law school graduation I distinctly remember a hesitancy to celebrate as the real challenge of the bar examination was awaiting me….
No Cause of Action for Educational Malpractice
In late January 2006, a pilot and three passengers flew from Kansas to Palwaukee Municipal Airport in Wheeling, Illinois. The airplane crashed as the pilot attempted to land. Claims were brought alleging defendant entities and individuals failed to properly teach, train and instruct the pilot. The trial court granted motions for summary judgment and to…
Citation Violation Leads to Finding of Contempt and Appointment of Receiver
Judgment debtor, under the lien of a citation to discover assets (“Citation”), has cash owed to him paid to other entities in which he has an ownership interest. The other entities are not subject to a Citation and permit the judgment debtor to disburse assets as he chooses. Is the judgment debtor violating the terms…
Top 5 Responses to Requests For (Free) Advice
Have you heard this joke: “a doctor and a lawyer are talking at a party but their conversation is interrupted by people describing their ailments and asking the doctor for free medical advice. The exasperated doctor asked the lawyer, ‘what do you do to stop people from asking for legal advice when you’re out of…
Passing The Buck
Businesses have to spend money to make money. Sometimes, businesses have to spend money to comply with various government regulations. Although a business can pass along some of its costs of doing business, a business may find itself subject to a class action lawsuit if it passes along its costs by adding a “Government Processing…
Sibling Seeks Genetic Testing to Disinherit
Real life sometimes resembles a soap opera plot. In this case, one sibling claimed she heard ramblings throughout her lifetime that another sibling was fathered by someone else. When their father died, the sibling demanded the other prove paternity (and his right to inherit) through genetic testing. The trial court ordered the sibling to submit…