2024 Articles

Appeal of Mortgage Foreclosure Case Where Property Is Sold to Third Party Who Was Not a Party to the Litigation Is Moot Unless the Appellant Previously Obtained a Stay of the Trial Court’s Judgment By Kevin J. Stine May 2024 In PHH Mortgage Corp.v. Restrepo, the appellate court determined that defendant's petition for relief from judgment that sought to vacate both the judgment of foreclosure and the order confirming the sheriff's sale of defendant's home were moot and barred because the subject property had been sold to an unrelated third party purchaser and defendant had not obtained a stay of the trial court's order confirming the sale within the time frame allowed for filing an appeal from that order.

Artificial Intelligence Impacts All Areas of the Law, Including Commercial Banking, Collections, and Bankruptcy By Judge Michael Chmiel May 2024 A look at how artificial intelligence will impact the areas of commercial banking, collections, and bankruptcy law.

As We Move Through 2024, Welcome to a New Year of the Association By Judge Michael Chmiel June 2024 An introduction to the issue from one of the co-editors.

Bank Class Action Developments: Latest Wave Targets Fees for Returned Third-Party Checks By Gregory D. Omer June 2024 Three large Wall Street banks have all been sued recently over charging the same type of fees to customers for depositing checks that are later returned.

Bankruptcy Sale or Termination of Copyrights. Which One Rules? By Beverly A. Berneman & Victoria R. Lieberman June 2024 A battle between a record company and the members and heirs of a famous rap group is brewing in the Southern District of Florida. The primary issue is whether an author’s ability to terminate a transfer of rights under the Copyright Act is negated by a bankruptcy court order permitting a sale of the author’s works.

Bankruptcy Sale or Termination of Copyrights. Which One Rules? By Beverly A. Berneman & Victoria R. Lieberman May 2024 A battle between a record company and the members and heirs of a famous rap group is brewing in the Southern District of Florida. The primary issue is whether an author’s ability to terminate a transfer of rights under the Copyright Act is negated by a bankruptcy court order permitting a sale of the author’s works.

Become an Illinois Bar Foundation Champion By Jessica R. Durkin December 2024 At least twice a year at ISBA Annual and Midyear Meetings, we are pitched by colleagues and the Illinois Bar Foundation to become a “Champion.” But what is a Champion really, and what’s in it for us?

Burrink Commercial Services v. New Life Covenant Church By Samuel H. Levine December 2024 In Burrink Commercial Services v. New Life Covenant Church, the appellate court dismissed a complaint to foreclose a mechanics lien as factually insufficient because the complaint improperly characterized two contracts as one.

Central District Local Bankruptcy Rules Become Effective October 1, 2024 By Sumner Bourne October 2024 In February 2024, the bankruptcy court for the Central District of Illinois announced that it would begin the local rules process -- for the first time in its history. The court issued draft proposed rules with a public comment period that expired February 29, 2024. The authorization for local rules and authority of the bankruptcy court was approved by order of the district court on September 5, 2024.

How Can ODR Help Courts in Illinois? By Judge Michael Chmiel June 2024 With the assistance of ChatGPT, the author invesetigates the ways online dispute resolution can advance the cause of the rule of law and access to justice in Illinois.

Navigating the Future of Commercial Litigation: Top Five Trends to Watch in 2025 By Hon. Michael J. Chmiel December 2024 As we approach 2025, the landscape of commercial litigation continues to evolve, influenced by technological advancements, shifting regulatory frameworks, and changing business practices. For attorneys practicing in the commercial banking, collections, and bankruptcy sectors, staying abreast of these trends is crucial for effective representation and strategic planning. This article explores five of the hottest topics in commercial litigation that are likely to shape the field in the coming years.

New Rule: Service of Process in Cook County By Judge E. Kenneth Wright, Jr. & Robert G. Markoff December 2024 A new law recently signed by Governor J. B. Pritzker now allows licensed private detectives and their employees to serve process in Cook County without court appointment. The new law is effective as of January 1, 2025.

Notebook LM: A Powerful and Useful Tool By Hon. Michael J. Chmiel December 2024 Notebook LM enables users to generate things like summaries and podcasts through downloads.

Supreme Court Clarifies That Courts Must Stay Rather than Dismiss Cases Referred to Arbitration By Stephen I. Lane October 2024 In Smith v. Spizzirri, a court cannot deny a party's request for a stay pending arbitration and dismiss the case. Section 3 of the FAA compels the court to issue a stay.

Trial Court Can Enter a Nunc Pro Tunc Order More than 30 Days After Final Judgment Is Entered to Correct a Mistake or Clerical Error if Proper Notice of the Motion Is Given to All Parties By Kevin J. Stine May 2024 In SMS Financial Recovery Services, LLC v. Rodriguez, the court of appeals determined that a trial court can enter a nunc pro tunc order more than 30 days after final judgment is entered to correct a mistake or clerical error as long as proper notice of the motion is given to all parties.

Update on Artificial Intelligence in the Illinois Courts By Hon. Michael J. Chmiel October 2024 To some extent, the fury involved with Artificial Intelligence has slowed, but be advised AI continues to evolve and impact the fray of legal practice in Illinois and beyond.

Welcome Back to 2024 By Judge Michael Chmiel May 2024 An introduction to the issue from the editor.

Welcome to the Fall of 2024 By Hon. Michael J. Chmiel October 2024 A note from the editor.

What Is the Judicial Performance Evaluation Program?: Insights From a Facilitator By Mitchell L. Hoffman October 2024 Under the Illinois Supreme Court program for mandatory judicial evaluation, judges are confidentially evaluated by the attorneys who appear before them and the court staff who serve in their courtrooms

Winter 2024 Is Here By Hon. Michael J. Chmiel December 2024 A note from the editor.