This case stems from the ill-fated Lincoln-Belmont-Ashland Redevelopment project featured on our Blog before. When a Condominium Association sued the developers based on failure to reveal construction defects, the Courts weighed in on whether the claims were time-barred. Untimely, the Appellate and Supreme Court broke with the Trial Court and found that a question of...Read More

In this case from right in our neighborhood - Joliet, Illinois - the Bankruptcy Court and 7th Circuit agree that using the market value of property instead of its artificially low disposal price in a tax sale reflects the real intent of both Bankruptcy law and Illinois law. At the same time, both Courts agree...Read More

This case in the Bankruptcy Court for the Northern District of Illinois, Eastern Division, resulted in a Summary Judgment finding despite the assertion by the Debtor-Defendant of his 5th Amendment Right to be free from self-incrimination. Specifically, this Adversary Case arose from the Chapter 7 Bankruptcy filed by Arthur Friedman ("Debtor"). Creditor-Plaintiff, American Eagle Bank...Read More

This case raises the issue of equal protection under the 21st Amendment to the Constitution. An association of convenience stores filed suit against the State of Indiana in the Federal District Court seeking to invalidate a state law restricting the sale of cold packaged beer. Their suit contended that the law violated the Equal Protection...Read More

The Illinois Supreme Court recently ruled on the tricky interplay between the Illinois Condominium Property Act and Illinois Mortgage Foreclosure Law. Both pieces of legislation are meant to give real estate owners, investors, managers, and ultimately residents, confidence that their needs will be met through the legal process. In this case however, the Bank was...Read More

In this case, the most recent appeal in a series of suits concerning the sale of bonds by a corporation (the "Corporation") owned by the Lac du Flambeau Band of Lake Superior Chippewa Indians (collectively, the “Tribal Entities”), the 7th Circuit clarifies the standards applicable to injunctions as well as review of lower-Court decisions and,...Read More

In this Opinion the Illinois Supreme Court comes down on the side of common sense when it comes to lienable improvements under §1 of the Illinois Mechanics Lien Act. After reversing the lower Courts however, the case was sent back down to the Circuit Court to determine whether the owner of the property “knowingly permitted”...Read More

This guest-post is a synopsis of "whether a corporation has a cause of action for retaliation under the ADA." While the Author concludes the answer is "No" based on the retaliation provision in the ADA, he explores whether a corporation would have an associational discrimination claim because the phrasing of the statute is significantly different...Read More

In this opinion the 7th Circuit Court of Appeals sets the record straight about an alleged Output-Requirements Contract and settles a dispute based on the terms of a supplier agreement. At the conclusion of its analysis the Court determined that in effect nothing in the parties' contract satisfied the 3-prong test applicable to Output-Requirement Contracts,...Read More

After LAB Townhomes, the developer of Henderson Square, made false sales claims, built shoddy units, and engaged in fraud and negligent conduct in order to sell units, the Condominium Association sued it under the Chicago Municipal Code's prohibition on the use of material misrepresentations, as well as Illinois case and statutory law relating to breach...Read More