Civil procedure — Rooker-Feldman and claim preclusion

Posted February 26, 2024 11:33 AM

Where state court litigation over foreclosure was concluded by the time of oral argument, preclusion applied and dismissal by district court was modified to reflect that it was not for want of jurisdiction.The 7th U.S. Circuit Court of Appeals modified a dismissal from a decision by Judge Matthew F. Kennelly, Northern District of Illinois.Owners of two parcels of real estate in Chicago argued that banks attempted to collect notes and mortgages that belonged to different financial institutions. By the time the federal suit …

To Read the Full Story

Your source for legal news and information

Print & Digital Access

Stay in the know all year long with these benefits:

Delivery to your office in downtown Chicago or mailed outside our hand-delivery zone.
Unlimited access to chicagolawbulletin.com.
Access to our e-edition and mobile site.
Breaking news alerts, Morning Lineup and Afternoon Headlines.
Exclusive access to events, discounts and more.

Order now, or call 312-644-2394 or email Subscription@LawBulletinMedia.com for details.

Be in the know. These must-read insider briefings will keep you

informed of the latest legal developments in Chicago. Sign up today!

Insurance — innocent insured

Where an insurance policy bars recovery in cases of misappropriation, an innocent insured may recover despite a coinsured’s misconduct unless the policy specifically prohibits it.
Criminal procedure — certificate of innocence

Where a defendant seeks a certificate of innocence he must demonstrate innocence of all acts charged in the indictment, not merely those of which he was convicted.
42 U.S.C. Sec. 1983 — discrimination in contract negotiations

Where large television distributors refused to pay retransmission fees to new owner of small-regional television stations, disparity in market power between former and current owner of stations served as race-neutral reason for decision.
Criminal procedure — pretrial release

Where defendant is arrested while on pretrial release for a felony, the state does not need to show that no condition would mitigate the danger he poses in order to revoke his release.
Criminal procedure — pretrial release

Where the state seeks pretrial detention, it is not required to explicitly address why each condition or combination of conditions would not mitigate the threat to safety defendant’s release poses.
Civil procedure — injunction

Where defendants failed to pay business taxes for years and district court denied injunction request from government aimed at ensuring future compliance, court’s decision was an abuse of discretion.
Civil procedure — revocation of pretrial release

Where defendant seeks review of the circuit court’s decision revoking his pretrial release, any appeal is reviewed for abuse of discretion.
Criminal law — felon-in-possession

Where felon’s conviction for possessing firearm and ammunition was supported by evidence recovered from motel room that felon had abandoned, sufficient evidence existed to support convictions.