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February 17, 2016

 The Illinois Mechanics’ Lien Act ( 770 ILCS 60/1 et seq) provides a remedy to a contractor who provides improvements to real estate by allowing him to lien the property (place a hold on the property to secure payment).

 

Once the lien is perfected, it clouds the property’s title and the contractor can sue to forec...

February 8, 2016

Contract rights are assigned fairly often, especially in the mortgage loan and credit card contexts.  In the former mortgage scenario, it’s common for a promissory note to be assigned multiple times during the note’s lifespan.

 

When there’s eventually a note default, it becomes a challenge for the noteholder to trace h...

February 1, 2016

 

The misnomer and mistaken identity doctrines each involve situations where a plaintiff has sued a defendant too late.   Misnomer is basically a spelling error. The plaintiff can correct a misspelled defendant’s name at any time, even after judgment.  735 ILCS 5/2-401(b).  

 

With mistaken identity, the analys...

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Copyright Act Doesn’t Pre-empt Shufflin Crew’s Right of Publicity Suit – Northern District of Illinois

August 25, 2015

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