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Legal Articles: Hinshaw & Culbertson LLP

 







Document(s) published by this organization: 45


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HTMLDistrict Court in Illinois Dismisses Case Based on Interest Waiver Theory
Alexandra Kotelon; Hinshaw & Culbertson LLP;
Legal Alert/Article
November 19, 2013, previously published on November 14, 2013
In Swafford, plaintiff incurred a debt on his credit card from Citibank. Collections were initiated by Unifund. Several collection notices were sent to plaintiff, and a suit was filed against him in Illinois state court. Plaintiff learned that the debt was accruing interest since it was charged...

 

HTMLLocal Counsel in Iowa Required to Function as "Co-counsel"
Calon Russell; Hinshaw & Culbertson LLP;
Legal Alert/Article
November 19, 2013, previously published on November 13, 2013
Iowa Ethics Opinion 13-02 requires an Iowa lawyer who sponsors the pro hac vice admission of an out-of-state lawyer to avoid subservience to the out-of-state lawyer and to effectively act as co-counsel with the out-of-state lawyer.

 

HTML7th Circuit Holds that Collection Suits Were Filed in Proper Venue
Andrew M. Schneiderman; Hinshaw & Culbertson LLP;
Legal Alert/Article
November 19, 2013, previously published on November 14, 2013
In March 2012 defendant filed, and won, a collection suit in the Pike Township small claims court, located in Marion County. Plaintiff lived one county over from Marion County. Though plaintiff incurred the debt in Marion County, he did so in Lawrence Township not in Pike Township. Plaintiff...

 

HTMLRejecting Res Judicata Argument, Sixth Circuit Reverses Judgment for Debt Collector, But Finds that Debtor Lacks Standing
Marka Belinfanti, Elizabeth K. Devine; Hinshaw & Culbertson LLP;
Legal Alert/Article
November 19, 2013, previously published on November 14, 2013
Plaintiff sued debt collector, defendant DH Capital Management ("DHC"), alleging that DHC violated the FDCPA and Kentucky's usury laws by attempting to collect a debt to which it was not legally entitled.

 

HTMLWashington Supreme Court Rejects Standing of Title Insurer to Sue Defense Counsel
Hinshaw Culbertson LLP;
Legal Form
November 8, 2013, previously published on November 6, 2013
A title insurer filed a legal malpractice action against the law firm it had hired to defend its insured from a claim of lien priority on real property by a construction company. The trial court granted summary judgment in favor of law firm, and the insurer appealed. The Supreme Court of Washington...

 

HTMLFormer Clients Who Are Indigent May Be Excused From Paying Arbitration Fees
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 31, 2013, previously published on October 29, 2013
Former clients, who had reluctantly settled the underlying action, filed an action against their former lawyers, alleging, inter alia, financial elder abuse, conversion and breach of fiduciary duty. After the attorneys were partially successful in compelling arbitration, the clients, who had been...

 

HTMLExpert's Opinion That Settlement Was Inadequate Was Insufficient To Establish Damages
Terrence P. McAvoy; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 24, 2013, previously published on October 23, 2013
The Texas Supreme Court held that although expert testimony was appropriate to establish an inadequate settlement in a mass tort case, the plaintiffs' expert’s testimony was conclusory. Although the court acknowledged that plaintiffs' expert witness was an experienced attorney and qualified,...

 

HTMLOSHA Proposes New Silica Occupational Exposure Rule
Jason S. Bentley, Craig T. Liljestrand; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 22, 2013, previously published on October 21, 2013
The U.S. Department of Labor's Occupational Safety and Health Administration ("OSHA") recently announced a newly proposed rule centered on curbing lung cancer, silicosis, chronic obstructive pulmonary disease, and kidney disease in relation to crystalline silica exposure in various...

 

HTMLAttorney Owes Duty to Next of Kin in Wrongful Death Action Despite Lack of Direct Retention of Attorney
Terrence P. McAvoy, Katherine G. Schnake; Hinshaw & Culbertson LLP;
Legal Alert/Article
October 15, 2013, previously published on October 10, 2013
A court-appointed public guardian brought professional negligence claims against a variety of lawyers and law firms that were involved in litigating the underlying wrongful death action. The trial court dismissed the complaint on the basis that there was no direct attorney-client relationship...

 

HTMLLitigious Pro Se Mortgage Foreclosure Defendants Fined by Illinois Appellate Court to Deter Similar Conduct by Future Litigants
Hinshaw Culbertson LLP;
Legal Alert/Article
October 15, 2013, previously published on October 14, 2013
Comparing the pro se defendants' strategy to "paper terrorism," the Illinois Appellate Court First District recently affirmed the judgments of a foreclosure court, which found in favor of the mortgage lender and granted the lender its attorneys' fees. The court also separately directed...

 


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