This section contains all the casenotes published in our monthly newsletter, Casenotes & Underwriters' Bulletin, plus additional case law the ATG Underwriting Department identifies as noteworthy for ATG member agents.
2018 IL 12308.
Summary: Based on the single refiling rule if "the action is voluntarily dismissed by the plaintiff, or the action is dismissed for want of prosecution, the plaintiff, his or her heirs, executors or administrators may commence a new action within one year or within the...
Headstart Building v National Centers For Learning Excellence, Inc., 2017 WI APP 81.
Summary: The circuit court erred when declaring an option-to-purchase provision of a lease void.
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Facts: National Centers for Learning Excellence (National) entered into a...
In re Marriage of Campbell, 2017 IL App (2d) 170171.
Summary: The trial court erred in granting the release of a perfected lien against the personal property of a deceased noncustodial spouse who failed to make child support payments.
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Facts: In 2009,...
U.S. Bank Trust N.A. v Hernandez, 2017 IL App (2d) 160850.
Summary: The trial court erred in granting summary judgment because there is a material question of fact regarding whether the plaintiff complied with section 203.604.
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Facts: On January 2, 2014, U...
Summary: Deed granting easement to maintain electric transmission lines was not contingent on the wood poles used to maintain the lines. Easements allow for the innovation of technology.
In re Garza, 2017 WI 35, 374 Wis.2d 555, 893 N.W.2d 1 (Wis. 2017).
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