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List of Forms by Chapter - Chapter 1 — Action for Debt
- I. [1.1] Cause of Action
- II. [1.2] What Law Controls
- III. [1.3] Elements
- IV. [1.4] Relevant Standard Jury Instructions
- V. [1.5] Statute of Limitations
- VI. [1.6] Parties
- VII. [1.7] Special Considerations
- VIII. [1.8] Remedies — Special Issues
- IX. [1.9] Checklist for Complaint
- X. [1.10] Affirmative Defenses Specific to Cause of Action
- XI. [1.11] Related Actions
- XII. [1.12] Sample Form
- Chapter 2 — Action To Foreclose a Lien
- I. [2.1] Cause of Action
- II. [2.2] What Law Controls
- III. [2.3] Elements
- IV. [2.4] Relevant Standard Jury Instructions
- V. [2.5] Statute of Limitations
- VI. [2.6] Parties
- VII. [2.7] Special Considerations
- VIII. [2.8] Remedies — Special Issues
- IX. [2.9] Checklist for Complaint
- X. [2.10] Affirmative Defenses Specific to Cause of Action
- XI. [2.11] Related Actions
-
XII. Sample Forms - [2.12] Memorandum of Judgment
- [2.13] Motion To Sell Real Estate or Personal Property in Enforcement of Judgment
- [2.14] Lis Pendens Notice
- [2.15] Plaintiff’s Direction to Sheriff To Levy
- [2.16] Sheriff’s Certificate of Levy on Real Estate
- [2.17] Sheriff’s Certificate of Levy on Personal Property
- [2.18] Notice of Judicial Sale of Real Estate or Personal Property
- [2.19] Sheriff’s Report of Sale and Distribution
- [2.20] Certificate of Sale
- [2.21] Certificate of Redemption
- [2.22] Motion for Order Directing Distribution of Proceeds of Sale of Real Estate or Personal Property
- [2.23] Order Confirming Sale
- [2.24] Sheriff’s Deed
- Chapter 3 — Action To Foreclose a Mortgage
- I. [3.1] Cause of Action
- II. [3.2] What Law Controls
- III. [3.3] Elements
- IV. [3.4] Relevant Standard Jury Instructions
- V. [3.5] Statute of Limitations
- VI. [3.6] Parties
- VII. [3.7] Special Considerations
- VIII. [3.8] Remedies — Special Issues
- IX. [3.9] Checklist for Complaint
- X. [3.10] Affirmative Defenses Specific to Cause of Action
- XI. [3.11] Related Actions
- XII. Sample Forms
- [3.12] Agreement for Deed in Lieu of Foreclosure
- [3.13] Deed in Lieu of Foreclosure (Quitclaim Deed)
- [3.14] Notice of Foreclosure (Lis Pendens Notice)
- [3.15] Verified Statement as to Filing Fee
- [3.16] Complaint for Foreclosure
- [3.17] Motion for Leave To Intervene
- [3.18] Countercomplaint for Foreclosure
- [3.19] Motion To Place Mortgagee in Possession
- [3.20] Motion for Entry of Judgment of Foreclosure and Sale
- [3.21] Affidavit of Amounts Due and Owing
- [3.22] Loss Mitigation Affidavit
- [3.23] Judgment of Foreclosure and Sale
- [3.24] Judgment of Foreclosure and Sale on Counterclaim
- [3.25] Notice of Entry of Default Judgment
- [3.26] Foreclosure Sale Notice
- [3.27] Notice of Real Estate Auction
- [3.28] Notice to Parties of Sale
- [3.29] Report of Sale
- [3.30] Receipt of Sale
- [3.31] Certificate of Sale
- [3.32] Motion To Confirm Sale
- [3.33] Affidavit in Support of Motion To Confirm Sale
- [3.34] Order Confirming Sale
- [3.35] Judicial Deed
- [3.36] Sheriff’s Deed
- Chapter 4 — Action To Recover Property
- I. Cause of Action
- II. [4.3] What Law Controls
- III. Elements
- IV. [4.6] Relevant Standard Jury Instructions
- V. Statute of Limitations
- VI. Parties
- VII. [4.11] Special Considerations
- VIII. [4.12] Remedies — Special Issues
- IX. Checklist for Complaint
- X. Affirmative Defenses Specific to Cause of Action
- XI. [4.17] Related Actions
- XII. [4.18] Eviction Moratorium Due to COVID-19 Pandemic
- XIII. Sample Forms
- Chapter 5 — Breach of Contract: Rescission/Reformation
- I. Causes of Action
- II. What Law Controls
- III. Elements
- IV. [5.7] Relevant Standard Jury Instructions
- V. [5.8] Statute of Limitations
- VI. Parties
- VII. [5.11] Special Considerations
- VIII. [5.12] Remedies — Special Issues
- IX. [5.13] Checklist for Complaint
- X. Affirmative Defenses Specific to Causes of Action
- XI. [5.16] Related Actions
- XII. Sample Forms
- Chapter 6 — Specific Performance
- I. [6.1] Cause of Action
- II. [6.2] What Law Controls
- III. [6.3] Elements
- IV. [6.4] Relevant Standard Jury Instructions
- V. [6.5] Statute of Limitations
- VI. [6.6] Parties
- VII. [6.7] Special Considerations
- VIII. [6.8] Remedies — Special Issues
- IX. [6.9] Checklist for Complaint
- X. [6.10] Affirmative Defenses Specific to Cause of Action
- XI. [6.11] Related Actions
- XII. Sample Forms
- Chapter 7 — Breach of Warranty
- I. [7.1] Cause of Action
- II. [7.2] What Law Controls
- III. [7.3] Elements
- IV. [7.7] Relevant Standard Jury Instructions
- V. [7.8] Statute of Limitations
- VI. [7.9] Parties
- VII. [7.10] Special Considerations
- VIII. [7.11] Remedies — Special Issues
- IX. [7.12] Checklist for Complaint
- X. [7.13] Defenses Specific to Cause of Action
- XI. [7.14] Related Actions
- XII. [7.15] Sample Form
- Chapter 8 — Evictions
- I. [8.1] Cause of Action
- II. [8.2] What Law Controls
- III. [8.3] Elements
- IV. [8.4] Relevant Standard Jury Instructions
- V. [8.5] Statute of Limitations
- VI. [8.6] Parties
- VII. [8.7] Special Considerations
- VIII. [8.8] Remedies — Special Issues
- IX. [8.9] Checklist for Complaint
- X. [8.10] Affirmative Defenses Specific to Cause of Action
- XI. [8.11] Related Actions
- XII. [8.12] Sample Forms
- [8.13] Landlord’s Five-Day Notice for Rent
- [8.14] Notice To Cure Default
- [8.15] Notice To Quit
- [8.16] Notice To Terminate Year-to-Year Tenancy
- [8.17] Notice To Terminate Lease of Farmland
- [8.18] Notice To Terminate Tenancy for Less than One Year
- [8.19] 30-Day Notice To Cure Arrearage — Condominium Property or Contract Purchaser
- [8.20] Demand for Immediate Possession
- [8.21] Eviction Complaint
- [8.22] Affidavit — Supporting Documents Not Attached to Eviction Complaint
- [8.23] Eviction Complaint — Wrongfully Dispossessed Tenant
- [8.24] Eviction Order — Residential Property
- [8.25] Eviction and Judgment Order — Nonresidential Property
- [8.26] Affidavit for Service by Posting
- Chapter 9 — Lis Pendens
- I. [9.1] Cause of Action
- II. [9.2] What Law Controls
- III. [9.3] Elements
- IV. [9.4] Relevant Standard Jury Instructions
- V. [9.5] Statute of Limitations
- VI. [9.6] Parties
- VII. [9.7] Special Considerations
- VIII. [9.8] Remedies — Special Issues
- IX. [9.9] Checklist for a Lis Pendens Notice
- X. [9.10] Affirmative Defenses Specific to Cause of Action
- XI. [9.11] Related Actions
- XII. Sample Forms
- Chapter 10 — Partnership Dissolution
- I. [10.1] Cause of Action
- II. [10.2] What Law Controls
- III. [10.3] Elements
- IV. [10.4] Relevant Standard Jury Instructions
- V. [10.5] Statute of Limitations
- VI. [10.6] Parties
- VII. [10.7] Special Considerations
- VIII. [10.8] Remedies — Special Issues
- IX. [10.9] Checklist for Complaint
- X. [10.10] Affirmative Defenses Specific to Cause of Action
- XI. [10.11] Related Actions
- XII. [10.12] Sample Form — Complaint for Dissolution of Partnership
- Chapter 11 — Tortious Interference with Contract or Prospective Business Relations
- I. [11.1] Cause of Action
- II. [11.2] What Law Controls
- III. [11.3] Elements
- IV. [11.4] Relevant Standard Jury Instructions
- V. [11.5] Statute of Limitations
- VI. [11.6] Parties
- VII. [11.7] Damages
- VIII. [11.8] Noteworthy Additional Points
- IX. [11.9] Checklist for Complaint
- X. [11.10] Affirmative Defenses Specific to Cause of Action
- XI. Sample Forms
- Chapter 12 — Trademark Infringement/Dilution
- I. [12.1] Causes of Action Under Trademark Law: Infringement and Dilution
- II. [12.2] What Law Controls
- III. Elements of the Causes of Action
- [12.3] Trademark Infringement
- [12.4] Ownership of Prior, Protectable Trademark Rights
- [12.5] Distinctiveness
- [12.6] Commercial Use
- [12.7] Likelihood of Confusion
- [12.8] Strength of Plaintiff’s Mark
- [12.9] Similarity of the Marks
- [12.10] Similarity of Goods or Services
- [12.11] Channels of Trade
- [12.12] Degree of Purchaser Care
- [12.13] Defendant’s Intent
- [12.14] Actual Confusion
- [12.15] Dilution
- [12.16] Ownership of a Famous Trademark
- [12.17] Dilution
- IV. [12.18] Statute of Limitations
- V. [12.19] Parties
- VI. [12.20] Special Considerations — Jurisdiction and Venue
- VII. [12.21] Remedies
- VIII. [12.25] Defenses
- IX. Related Actions
- X. [12.37] Checklist for Complaint
- XI. [12.38] Sample Form
- Chapter 13 — Stockholder Derivative Suit
- I. [13.1] Cause of Action
- II. [13.2] What Law Controls
- III. [13.3] Elements
- IV. [13.8] Relevant Standard Jury Instructions
- V. [13.9] Statute of Limitations
- VI. [13.10] Parties
- VII. [13.11] Special Considerations
- VIII. [13.12] Remedies — Special Issues
- IX. [13.13] Books and Records Investigation
- X. [13.14] Checklist for Complaint
- XI. [13.15] Affirmative Defenses Specific to Cause of Action
- XII. [13.16] Related Actions
- XII. [13.17] Sample Form — Complaint for Shareholder Derivative Claim
- Chapter 14 — Minority Shareholder Suits Under §12.56 of the Business Corporation Act
- I. [14.1] Cause of Action
- II. [14.2] What Law Controls
- III. [14.3] Elements
- IV. [14.4] Relevant Standard Jury Instructions
- V. [14.5] Statute of Limitations
- VI. [14.6] Parties
- VII. [14.7] Special Considerations
- VIII. [14.8] Remedies — Special Issues
- IX. [14.9] Checklist for Complaint
- X. [14.10] Affirmative Defenses Specific to Cause of Action
- XI. [14.11] Related Actions
- XII. [14.12] Sample Form
- Hugh S. Balsam
Hugh S. Balsam
Hugh S. Balsam is a Partner at Locke Lord LLP in Chicago, where he concentrates his practice in appellate law, business litigation and dispute resolution, IP pharmaceutical and biotechnology, and personal injury. He is a member of the Illinois Appellate Lawyers Association. Mr. Balsam received his B.A. from Lawrence University, his M.M. from the J.L. Kellogg Graduate School of Management, and his J.D. from The UIC John Marshall Law School, where he was Managing Editor of the law review.
- Andrew D. Campbell
Andrew D. Campbell
Andrew D. Campbell is a Partner with Novack and Macey LLP, in Chicago, concentrating his practice in commercial litigation, appeals, and data security. Mr. Campbell is the firm’s Hiring Partner and is Cochair of the firm’s practice group on close corporations, partnerships, and limited liability companies. He was one of the developers of a web application that integrates frequently invoked pretrial provisions of the Illinois Code of Civil Procedure and the Supreme Court Rules. Mr. Campbell earned his B.A. from the University of Michigan and his J.D. magna cum laude from Loyola University Chicago School of Law.
- Bradley L. Cohn
Bradley L. Cohn
Bradley L. Cohn is a Partner at Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP, in Chicago, where he concentrates his practice in the field of trademarks, copyrights, unfair competition, right of publicity, and advertising and marketing law. Before entering private practice, Mr. Cohn served as law clerk to the Honorable Anne C. Conway, U.S. District Court for the Middle District of Florida. Mr. Cohn has served as an adjunct professor at DePaul University College of Law, teaching a seminar on trademark law and writing. He has also served as a Director of the Chicago Bar Association’s 9,000-member Young Lawyers Section and as a Past Chair of the Chicago Bar Association’s Professional Responsibility Committee and the Young Lawyers Section’s Intellectual Property Committee. Mr. Cohn received his B.A. from Duke University and his J.D. from the University of Michigan Law School.
- Richard P. Darke
Richard P. Darke
Richard P. Darke is a Partner with Duane Morris LLP, in Chicago, where he focuses his practice on financial services and healthcare litigation. Mr. Darke received the Group Award for Excellence in Pro Bono Service from the Judges of the U.S. District Court for the Northern District of Illinois and the Chicago Chapter of the Federal Bar Association. He is AV Preeminent Peer Review rated by Martindale-Hubbell and was named an Illinois Leading Lawyer. Mr. Darke earned his B.B.A. from Western Michigan University and his J.D. from the University of Michigan Law School.
- Patrick C. Gallagher
Patrick C. Gallagher
Patrick C. Gallagher is a Partner with Duane Morris LLP, in Boca Raton, Florida, where he chairs the Pharmaceuticals and Biopharmaceuticals Litigation and Regulatory group of Duane Morris' global Intellectual Property practice and serves as a team leader for the Life Sciences and Medical Technologies Industry Group. Dr. Gallagher is on the Food and Drug Law Institute’s Global Committee and is a Member of the American Bar Association. He earned his B.S. from the University of Wisconsin; his J.D. cum laude from DePaul University College of Law, where he was a member of the Executive Editorial Board as Business Manager of the DePaul Law Review; and his Ph.D. from the University of Kentucky.
- Lally A. Gartel
Lally A. Gartel
Lally A. Gartel is an associate with Benesch, Friedlander, Coplan & Aronoff LLP, in Chicago, where she focuses her practice on litigation. Ms. Gartel is a board member of the Legal Council for Health Justice and a member of the Coalition of Women’s Initiatives in Law. She has also received an Award for Excellence in Public Interest Service from the U.S. District Court for the Northern District of Illinois. Ms. Gartel earned her B.A. magna cum laude from the University of Illinois at Urbana-Champaign and both her M.A. and J.D. from Duke University School of Law.
- Carol V. Gilden
Carol V. Gilden
Carol V. Gilden is a Partner at Cohen Milstein Sellers & Toll PLLC. Based in Chicago, where she focuses on securities class actions, shareholder derivative actions, and other complex litigation. She is rated AV Preeminent by Martindale Hubbell and has been recognized by numerous other peer-reviewed organizations, including: Lawdragon’s “500 Leading Plaintiff Financial Lawyers” list (2020); Illinois Superlawyer (2005 – 2020); Crain’s Chicago Business “Chicago’s Notable Women Lawyers” (2018, 2020); Chicago Business Journal’s “Woman of Influence” (2019); and Lawyer Monthly’s “Women in Law Award” (2019). Ms. Gilden served as the first female President of the National Association of Shareholder & Consumer Attorneys (NASCAT) and is currently on NASCAT’s Executive Committee. She also served on the Corporate Governance and Markets Advisory Council to the Board of Directors for the Council for Institutional Investors and is a member of the National Association of Public Pension Attorneys. Ms. Gilden received her B.S. from the University of Illinois and her J.D. with honors from Chicago-Kent College of Law, where she was a member of the Chicago-Kent Law Review.
- Mitchell L. Marinello
Mitchell L. Marinello
Mitchell L. Marinello is a Partner with Novack and Macey LLP, in Chicago, and has more than 30 years of experience in commercial litigation, arbitration, and trials. Mr. Marinello is a frequent author on issues relating to business law and arbitration. Mr. Marinello earned his B.A. magna cum laude from Wesleyan University, was a fellow of the Thomas J. Watson Foundation (studying labor policy) in London, England, and earned his J.D. from New York University School of Law.
- Amy Miller
Amy Miller
Amy Miller is Of Counsel with Cohen Milstein Sellers & Toll PLLC, in New York, and concentrates her practice on securities and investor protection. Ms. Miller is a member of the American Bar Association and an author on the ABA’s Survey of Class Action Law. She earned her B.A. magna cum laude from Boston University and her J.D. summa cum laude from New York Law School.
- S. Linn Perkins
S. Linn Perkins
S. Linn Perkins is Member of Westervelt, Johnson, Nicoll & Keller, LLC, in Peoria, where she concentrates her practice in the areas of credit union law, mortgage foreclosure law, collections, and general business litigation. A frequent author and lecturer, Ms. Perkins has contributed to numerous IICLE® publications. She is a member of the Illinois State and Peoria County Bar Associations. She earned her B.S. from MacMurray College and her J.D. from the University of Illinois College of Law, where she was a recipient of the Rickert Award for Excellence and a National Finalist for the ABA National Negotiation Competition.
- Mark Silberman
Mark Silberman
Mark Silberman is a Partner with Bensch, Friedlander, Coplan & Aronoff LLP in Chicago, where he is the Chair of the White Collar, Government Investigations & Compliance Practice Group as well as the Vice-Chair of the Benesch Healthcare+ Practice Group. He is Chambers ranked in Healthcare (2018 – present) and was awarded Crain’s Gen X Leader in Law (2021). Silberman was also honored as the Prosecutor of the Year by the Springfield Police Department’s narcotics unit. Silberman received his B.A. cum laude from Brandeis University and his J.D. cum laude from the University of Illinois College of Law.
- Jason R. Sleezer
Jason R. Sleezer
Jason R. Sleezer is a Partner with Scott & Kraus, LLC, in Chicago, where he concentrates his practice in commercial litigation. He is a member of the DuPage County, Chicago, and Illinois State Bar Associations. Mr. Sleezer received his B.A. with honors from North Central College, where he was a College Honors Scholar and a Richter Fellow, and his J.D. from DePaul University College of Law, where he was a Sullivan Fellow.
- Natalie M. Tomes
Natalie M. Tomes
Natalie M. Tomes is an associate at Scott & Krauss, LLC, in Chicago, where she focuses on commercial litigation and real estate litigation. She is a member of the Illinois State and DuPage Bar Associations. She received her B.A. from Bradley University and her J.D. cum laude from the DePaul University College of Law, where she was a member of the DePaul Law Review, served as a teaching assistant for the Legal Writing Program, and spent a semester at the Vienna University of Economics and Business focusing on trade, taxation, and the European Union.
- Christopher Tompkins
Christopher Tompkins
Christopher Tompkins is a Partner with Jenner & Block LLP, in Chicago, where he focuses his practice on complex commercial litigation. Mr. Tompkins has been recognized by Acritas Stars and named a Rising Star in business litigation by Illinois Super Lawyers. He is a member of the American and International Bar Associations. He received his B.A. cum laude from The Catholic University of America and his J.D. magna cum laude from Loyola University Chicago School of Law.
- Kate Watson Moss
Kate Watson Moss
Kate Watson Moss is an associate with Benesch, Friedlander, Coplan & Aronoff LLP, in Chicago, where she concentrates her practice in complex commercial litigation and data privacy and security. She is a Certified Information Privacy Professional (for the U.S.) (CIPP/US), a member of the Chicago Bar Association, and a member of the Young Professionals Board of Cabrini Green Legal Aid. She earned her B.A. from Northwestern University and her J.D. summa cum laude and Order of the Coif from DePaul University, where she was Editor in Chief of the DePaul Law Review.
- Eitan Weltman
Eitan Weltman
Eitan Weltman, of the Law Office of Eitan Weltman,is a solo practitioner in Bloomington, where he focuses his practice on the areas of creditors’ rights, business and commercial law, real estate, and personal injury. Mr. Weltman has been recognized as a Leading Lawyer and is a member of the McLean County and Illinois State Bar Associations. He earned his B.A. from the University of Illinois and his J.D. from IIT Chicago-Kent College of Law.
Causes of Action: Contract and Business Disputes 2021 Edition
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