Category Archives: Civil Procedure

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 …

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‘Lifetime’ Verbal Agreement To Share in Real Estate Profits Barred by Statute of Frauds – IL 1st Dist.

I previously summarized an Illinois case illustrating the Statute of Frauds’ (SOF) “one-year rule” which posits that a contract that can’t possibly be performed within one year from formation must be in writing. Church Yard Commons Limited Partnership v. Podmajersky, 2017 IL App (1st) 161152, stands as a recent example of a court applying the one-year rule with …

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Family Trust Set Up in Good Faith Shields Family Member from Creditor – IL Case Note

In Hickory Point Bank & Trust v. Natual Concepts, Inc., 2017 IL App (3d) 160260, the appeals court affirmed a trial court’s denial of a judgment creditor’s motion to impose a judicial lien and order the turnover of trust assets. The corporate defendant defaulted on the loan that was guaranteed by corporate principals. Plaintiff entered …

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