In Their Opinion http://www.intheiropinion.com/ en Copyright 2012 Fri, 03 Feb 2012 16:51:08 -0500 Fri, 03 Feb 2012 16:51:08 -0500 http://www.movabletype.org http://blogs.law.harvard.edu/tech/rss Fraud Suit Barred By Earlier State Court Dismissal CHICAGO TITLE LAND TRUST COMPANY v. POTASH CORPORATION OF SASKATCHEWAN SALES LIMITED (December 27, 2011) Potash Corporation of Saskatchewan Sales Limited signed a 10-year lease with Chicago Title Land Trust Co. in 1995 for space in a Skokie, Illinois office building. Several years later, Potash wanted significantly more space in http://www.intheiropinion.com/2012/02/articles/civil-procedure/fraud-suit-barred-by-earlier-state-court-dismissal/ http://www.intheiropinion.com/2012/02/articles/civil-procedure/fraud-suit-barred-by-earlier-state-court-dismissal/ Fri, 03 Feb 2012 16:46:10 -0500 MRigney@KelleyDrye.com (Michael Rigney) Person With Right At Risk On Appeal Gets To Be A Party IN RE: TRANS UNION CORPORATION PRIVACY LITIGATION (December 27, 2011) Over a decade ago, a number of class actions were filed against Trans Union Corp. for violating the Fair Credit Reporting Act. The cases were consolidated and eventually settled for $75 million. Judge Gettleman (N.D. Ill.) entered an order that http://www.intheiropinion.com/2012/02/articles/appellate-procedure/person-with-right-at-risk-on-appeal-gets-to-be-a-party/ http://www.intheiropinion.com/2012/02/articles/appellate-procedure/person-with-right-at-risk-on-appeal-gets-to-be-a-party/ Fri, 03 Feb 2012 13:34:01 -0500 MRigney@KelleyDrye.com (Michael Rigney) Record Does Not Support IDEA Violation M.B. v. HAMILTON SOUTHEASTERN SCHOOLS (December 22, 2011) M.B., the son of Damian and Amy Berns, was four years old when he suffered a traumatic brain injury. The Berns approached Hamilton Southeastern Schools for information about special education services. Within a few months, both the Berns' psychologist (Dr. Bryan Hudson) http://www.intheiropinion.com/2012/02/articles/federal-statute-other/record-does-not-support-idea-violation/ http://www.intheiropinion.com/2012/02/articles/federal-statute-other/record-does-not-support-idea-violation/ Fri, 03 Feb 2012 09:31:38 -0500 MRigney@KelleyDrye.com (Michael Rigney) Potential Creditor's Claim Appeal Is Moot Once Property Is Sold Pursuant To Approved Liquidation Plan IN RE: RIVER WEST PLAZA - CHICAGO, LLC (December 22, 2011) River West Plaza - Chicago owned and operated a shopping center in Chicago before it filed for bankruptcy. At the time of its filing, Frank Schwab was the plaintiff in a state court case against River West. He filed http://www.intheiropinion.com/2012/02/articles/bankruptcy/potential-creditors-claim-appeal-is-moot-once-property-is-sold-pursuant-to-approved-liquidation-plan/ http://www.intheiropinion.com/2012/02/articles/bankruptcy/potential-creditors-claim-appeal-is-moot-once-property-is-sold-pursuant-to-approved-liquidation-plan/ Thu, 02 Feb 2012 16:39:32 -0500 MRigney@KelleyDrye.com (Michael Rigney) A Municipal Fine Is Not An FDCPA "Debt" http://www.intheiropinion.com/2012/02/articles/consumer-protection-law/a-municipal-fine-is-not-an-fdcpa-debt/ http://www.intheiropinion.com/2012/02/articles/consumer-protection-law/a-municipal-fine-is-not-an-fdcpa-debt/ Thu, 02 Feb 2012 14:20:06 -0500 MRigney@KelleyDrye.com (Michael Rigney) Record Did Not Support Prevention Doctrine Claim http://www.intheiropinion.com/2012/02/articles/insurance-law/record-did-not-support-prevention-doctrine-claim/ http://www.intheiropinion.com/2012/02/articles/insurance-law/record-did-not-support-prevention-doctrine-claim/ Wed, 01 Feb 2012 12:04:13 -0500 MRigney@KelleyDrye.com (Michael Rigney) Speech Limitation Based On Speaker's Identity Is A Content Based Restriction SURITA v. HYDE (December 22, 2011) Waukegan, Illinois enacted an ordinance in 2002 pursuant to which the police could impound a vehicle if its driver was caught driving without a license or proof of insurance. The ordinance was very unpopular in the city, particularly among the minority population. At a http://www.intheiropinion.com/2012/02/articles/constitutional-law/speech-limitation-based-on-speakers-identity-is-a-content-based-restriction/ http://www.intheiropinion.com/2012/02/articles/constitutional-law/speech-limitation-based-on-speakers-identity-is-a-content-based-restriction/ Wed, 01 Feb 2012 09:25:09 -0500 MRigney@KelleyDrye.com (Michael Rigney) Arguments Not Made Below Are Waived http://www.intheiropinion.com/2012/02/articles/statute-of-limitations/arguments-not-made-below-are-waived/ http://www.intheiropinion.com/2012/02/articles/statute-of-limitations/arguments-not-made-below-are-waived/ Wed, 01 Feb 2012 08:59:38 -0500 MRigney@KelleyDrye.com (Michael Rigney) Motion Seeking To Direct Arbitration Panel Is Not A Motion To Compel Arbitration Under FAA http://www.intheiropinion.com/2012/01/articles/jurisdiction/motion-seeking-to-direct-arbitration-panel-is-not-a-motion-to-compel-arbitration-under-faa/ http://www.intheiropinion.com/2012/01/articles/jurisdiction/motion-seeking-to-direct-arbitration-panel-is-not-a-motion-to-compel-arbitration-under-faa/ Tue, 31 Jan 2012 15:50:21 -0500 MRigney@KelleyDrye.com (Michael Rigney) Post-Receivership Claims Against Receiver Are Barred By Collateral Estoppel VIRNICH v. VORWALD (December 20, 2011) Daniel Virnich was a director of Communications Products Corporation. CPC had a banking relationship with American Trust and Savings Bank. When CPC was experiencing financial difficulties in the early 2000s, the Bank asked for additional collateral or repayment and sought personal guarantees. Virnich alleges http://www.intheiropinion.com/2012/01/articles/civil-procedure/postreceivership-claims-against-receiver-are-barred-by-collateral-estoppel/ http://www.intheiropinion.com/2012/01/articles/civil-procedure/postreceivership-claims-against-receiver-are-barred-by-collateral-estoppel/ Tue, 31 Jan 2012 15:29:36 -0500 MRigney@KelleyDrye.com (Michael Rigney)