Gensberg v. Guardian, 2017 IL App (1st) 153443-U, examines the discovery rule in the context of common law and consumer fraud as well as when the “continuing wrong” doctrine can extend a statute of limitations. Plaintiffs bought life insurance from agent in 1991 based in part on the agent’s representation that premiums would “vanish” in …
Author Archives: PaulP
No Fraud, No Problem – Unjust Enrichment Enough of ‘Hook’ For Constructive Trust – IL 4th Dist.
Tummelson v. White, a 2015 4th District appellate case, considers the inconvenient topic of what rights a former cohabitant has to funds he contributed to a home after he gets ousted from it by an ex-. The parties lived together for several years in two different homes and paid mortgage and household expenses from a …
Defendant Doesn’t Abandon Counterclaim By Failing to Replead It In Response to Amended Complaint – Ohio Fed. Court
I recently faced this procedural quandary: Plaintiff (that’s us) filed a complaint. Defendant responded by filing an answer and counterclaim. After receiving court leave, and before responding to the counterclaim, we amended the complaint. Defendant answered the amended complaint and filed affirmative defenses but did not replead its counterclaim. Defendant later threatened to default us if we didn’t answer its prior counterclaim. I …