Recently, the Appellate Court reversed a summary judgment finding based on res judicata and claims splitting determining neither a voluntary dismissal nor a subsequent dismissal for want of prosecution (“DWP”), were final orders. The case is BankFinancial, FSB v. Tandon, et al., 2013 IL App (1st) 113152 (March 13, 2013). In 2003, Plaintiff BankFinancial, FSB…
Category Archives: Articles
Supreme Court Ruling Leaves City Inspector General Toothless
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…
Antigua May Be The Copyright Mouse That Roared
Peter Sellers was an immensely talented British actor, known for his roles in Dr. Strangelove, Lolita, Being There, and his most famous role as Inspector Clouseau in The Pink Panther movies. He was at his peak in the 1960’s and ‘70’s. One of Sellers’ earlier roles was in the 1959 movie The Mouse that Roared,…
Illinois Courts Attempt to Distinguish SLAPP Suits From Legitimate Defamation Claims
Lawyers and legislators are fond of acronyms. It is rare that a significant bill in Congress does not have one of these mnemonics. Everyone knows of the USA PATRIOT Act, but few realize that it is actually the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act. One of…
Trolls Often Lurk Under Intellectual Property Bridges
This article originally went to press on December 21, the last day of the Mayan calendar, but more optimistically, the first day of winter. At least in North America it is the first day of winter. I am reminded of the distinction because I was invited to make a presentation recently in beautiful Punte del…
The De Minimis Doctrine Plays an Important Role in Copyright Law
Every good lawyer needs to know a little Latin. While copyright litigators rarely need to think about quare clausum fregit (trespass on another’s land) or qui peccat ebrius luat sobrius (“He who sins when drunk shall be punished when sober”), they do occasionally have to deal with the maxim de minimis non curat lex (“the…
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…
Rule 224 Can Lead to Disclosure of Identity in Internet Defamation Cases
What is it that compels people to post snarky comments on Internet comment boards? The seeming anonymity emboldens cyber-commenters to write things that the better angels of their nature would hold in check in a face to face conversation. There is little to be gained (perhaps some smug satisfaction or slight notoriety among a niche…
Court Upholds Single Color Trademark Protection For High Fashion Shoe Designer
I had to resort to Wikipedia to find out who Christian Louboutin is. His life has been nothing less than a French Horatio Alger story. Born in Paris in 1963, he was the son of a cabinet maker. Thrice expelled from school, he ran away from home at age 12. He roamed the world, spending…