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List of Forms by Chapter
Chapter 1 — Guideposts in Chancery: The Maxims of Equity
I. Introduction
II. The Maxims of Equity
Chapter 2 — Principles of Contempt
I. Introduction — Direct and Indirect Civil and Criminal Contempt Compared and Contrasted
II. Direct Contempt
III. Direct Civil Contempt Proceedings
IV. [2.39] Direct Criminal Contempt Proceedings
V. Indirect Contempt
VI. Indirect Civil Contempt Proceedings
VII. Indirect Criminal Contempt Proceedings
VIII. Appellate Remedies for Civil and Criminal Contempt
IX. Appendix
Chapter 3 — Specific Performance
I. Introduction
II. The Right to Specific Performance
III. [3.14] Defenses
IV. Parties and Pleadings
V. [3.26] Specific Contracts
VI. Forms
Chapter 4 — Rescission and Reformation
II. Rescission and Reformation Distinguished
III. [4.4] Instruments Subject to Rescission or Reformation
IV. Instruments Not Subject to Rescission or Reformation
V. Grounds for Relief
VI. Other Considerations
Chapter 5 — Interpleader
I. Introduction
II. The Statutory Vehicles: State and Federal
III. [5.13] Evaluating the Case: The When and Why of Interpleader
IV. Pleading and Other Procedural Tips
VI. Miscellaneous Considerations
Chapter 6 — Prosecuting Securities Fraud Class Actions
IV. [6.4] The Private Securities Litigation Reform Act
Chapter 7 — Actions in Accounting
II. Grounds for Accounting Actions in Equity
III. Grounds for Accounting Actions Other than in Equity
IV. Accounting Procedure
V. Pleadings
VI. Pretrial Procedure
VII. Trial of an Accounting Action
Chapter 8 — Quo Warranto, Mandamus, and Prohibition
I. Scope of Chapter
III. [8.6] Uses of Quo Warranto
IV. Procedure — Quo Warranto
V. Pleadings and Motions — Quo Warranto
VI. Trial, Judgment, Review, and Costs — Quo Warranto
VIII. General Principles — Mandamus
IX. Prerequisites to Grant of Order of Mandamus
X. Mandamus Against Judicial Officers and Tribunals
XI. Mandamus Against Public Officers and Entities
XII. Mandamus Against Private Corporation or Private Individual
XIII. Procedure — Mandamus
XIV. Parties — Mandamus
XV. Pleadings — Mandamus
XVI. Trial, Judgment, Review — Mandamus
XVIII. Circumstances for Issuance — Prohibition
Chapter 9 — Guardians and Receivers
I. Guardians
II. Receivers
Chapter 10 — Administrative Review
II. Purpose, Scope, and Applicability of the Administrative Review Law
III. [10.8] “Final” Administrative Decisions
IV. Time for and Manner of Commencing Action
V. Parties Plaintiff and Defendant
IX. Requirements and Form of Complaint
X. Defendant’ s Appearance and Answer or Other Pleading; Preparation and Filing of Record
XI. Scope of Review
XII. [10.35] Power To Grant Stay and Other Powers of Trial Court; Requirement To Post Bond
XIII. Procedure in the Trial Court
Chapter 11 — Restrictive Covenants, Trade Secrets, and Fiduciary Duties: The Foundation To Safeguard Competitive Business Advantage
II. [11.2] Restrictive Covenants
III. Interpretation of Restrictive Covenants
IV. Specific Categories of Restrictive Covenants
V. Protecting Confidential Information
VI. [11.34] Fiduciary Duties
VIII. [11.42] Possible Related Claims
Chapter 12 — Constructive Trusts
Chapter 13 — Litigating the Suit To Set Aside a Fraudulent Transfer
I. Introduction
II. [13.5] Types of Fraudulent Transfers
III. [13.9] Defenses to Fraudulent Transfer Claims
IV. Litigating the Fraudulent Transfer Case
V. [13.58] Other Illinois Law Pertaining to Fraudulent Transfers
VI. Fraudulent Transfer Law and Its Relationship to the Ethical and Professional Responsibilities of Lawyers
VII. Appendix — Sample Forms
Chapter 14 — Subrogation
II. Background
III. Types of Subrogation
IV. Actions for Enforcement of Subrogation Rights
V. Appendix — Sample FormsElizabeth E. Babbitt is a Partner at Taft Stettinius & Hollister LLP in Chicago, where she focuses her practice on commercial litigation. Ms. Babbitt received her B.S. from the University of Illinois Urbana-Champaign and her J.D. from the University of Illinois College of Law.
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 University of Illinois Chicago School of Law, where he was Managing Editor of the law review.
Jillian S. Cole is a Partner at Taft Stettinius & Hollister LLP in Chicago, where she focuses her practice on litigation, bankruptcy, and banking. Ms. Cole received her undergraduate degree from Brandies University and her J.D. from the Case Western Reserve University School of Law.
Joseph J. Ferrini is a Partner at Clausen Miller P.C.’s Appellate Practice group in Chicago. He was chosen as a Super Lawyers Rising Star in 2016 and is a member of the Chicago Bar Association and the Appellate Lawyers Association. Mr. Ferrini received his B.A. from Loyola University Chicago and his J.D. magna cum laude from Loyola University Chicago School of Law, where he served as a Senior Editor of the Loyola Law Journal and was President of the Catholic Lawyers’ Guild.
Matthew D. Freiman is the Director of Large Loss Subrogation at SubroIQ in Pittsburg, Pennsylvania, where he concentrates in property subrogation. He is a member of the National Association of Subrogation Professionals and the Claims and Litigation Management Alliance. Mr. Freiman received his B.A. from Boston University and his J.D. from the University of Illinois Chicago School of Law.
William H. Hrabak, Jr., is a Partner at Goldstine, Skrodzki, Russian, Nemec and Hoff, Ltd., in Burr Ridge, where he focuses on commercial litigation. He is a member of the American, Illinois State, and Chicago Bar Associations. Mr. Hrabak received his B.S. from Ohio State University and his J.D. from the University of Toledo College of Law.
Courtney C. Kabbes is an associate at Taft Stettinius & Hollister LLP in Chicago, where she focuses on commercial litigation. She is a member of the Chicago Bar Association, a mentor at Advocate for Women, and coauthor of Illinois BIPA Reform Offers Welcome Relief to Businesses on Law360. Ms. Kabbes received her B.A. from Indiana University Bloomington and her J.D. from the Indiana University Robert H. McKinney School of Law, where she was awarded the Cali Award in Legal Communications and Analysis.
Allison M. Lovell is an associate at Taft Stettinius & Hollister LLP in Chicago, where she focuses on commercial litigation. She is a member of the Chicago Bar Association and the Women’s Bar Association of Illinois. She was an Illinois Super Lawyers Rising Stars Honoree in General Litigation in 2023 – 2024. Ms. Lovell received her B.A. from the University of Illinois Urbana-Champaign and her J.D. from the University of Iowa College of Law.
Owen E. MacBride is a Partner at ArentFox Schiff LLP in Chicago, where he concentrates his practice in energy, pipelines, and utilities. He is a member of the American, Illinois State, and Chicago Associations. Mr. MacBride received his B.A. from the University of Michigan, attended the University of Michigan Law School, and received his J.D. from Yale Law School.
Alex B. Mahler is a Partner at Nicolaides Fink Thorpe Michaelides Sullivan LLP, in Chicago, and concentrates his practice in insurance coverage. Mahler is a member of the Defense Research Institute, the Professional Liability Underwriting Society, and the American Bar Association. He received his B.S. magna cum laude from Arizona State University and his J.D. from the Indiana University Robert H. McKinney School of Law.
F. Kevin Murnighan is a Member at Carey White Boland Murnighan & Murray, LLC, in Chicago, where he focuses on business litigation and transactions. He is a member of the Illinois State and Chicago Bar Associations. Mr. Murnighan received his A.B. from Brown University and his J.D. from the University of Illinois Chicago School of Law, where he was a member of the Law Review.
Barton O’Brienis a Partner at Taft Stettinius & Hollister LLP in Chicago, where he focuses on litigation. Mr. O’Brien received his undergraduate degree from Marquette University and his J.D. from the University of Illinois Chicago School of Law.
George D. Pilja is a Partner and Shareholder at Foran Glennon Palandech Ponzi & Rudloff PC in Chicago, where he focuses on litigation. He had been named an Illinois Super Lawyer, a Leading Lawyer, and a Midwest Trailblazer by American Lawyer. Mr. Pilja received his B.A. in Political Science/Pre-Law and his B.S. in Business Management from North Central College and his J.D. for the University of Illinois College of Law.
Don R. Sampen is a Partner at Clausen Miller P.C. in Chicago, where he focuses on appellate work, insurance coverage litigation, and commercial litigation. He has taught as an adjunct professor at several Chicago-area law schools, including insurance law, trial practice, pretrial litigation, and other subjects. He is the former Chief of Special Litigation and former Chief of the Public Interest Division for the Illinois Attorney General’s Office, where he concentrated on complex civil litigation. He is AV Preeminent rated by Martindale-Hubbell and is an Illinois Super Lawyer in Insurance Coverage. He has argued appeals in the Illinois Supreme Court, all five Illinois appellate districts, four other state appellate courts, and six U.S. Courts of Appeals. Mr. Sampen received his J.D. magna cum laude from the Northwestern University Pritzker School of Law.
Andrew R. Schwartz is a Managing Member at Schwartz Law Group, LLC, in Chicago, where he concentrates his practice in creditors’ rights and business litigation. He is a member of the Illinois State Bar Association and the Illinois Trial Lawyers Association. He is rated AV Preeminent by Martindale-Hubbell. Mr. Schwartz received his B.A. from the University of Michigan, where he was on the Dean’s List, and his J.D. from the Loyola University Chicago School of Law.
Caitlin D. Sinclair is an associate at Nicolaides Fink Thorpe Michaelides Sullivan LLP in Chicago, focusing on insurance defense litigation. She is a member of the American, Illinois State, and Chicago Bar Associations and the Women’s Bar Association of Illinois. Ms. Sinclair received her B.A. summa cum laude from Gonzaga University and her J.D. cum laude from the Chicago-Kent College of Law.
Alexander J. Sweatman is an associate at Cafferty Clobes Meriwether & Sprengel LLP in Chicago, where he focuses on plaintiff-side complex and class action litigation. Mr. Sweatman received his undergraduate degree summa cum laude from Wheaton College and his J.D. from the University of Notre Dame Law School.
Jonathan B. Turpin is a Shareholder at Buchanan Ingersoll & Rooney PC in Chicago, where he concentrates his practice in intellectual property litigation. He is a Maurer School of Law Young Alumni, Order of the Coif, and Order of the Barristers. Mr. Turpin received his B.A. from Miami University and his J.D. magna cum laude from Indiana University Maurer School of Law.
Richard L. Whitman, Sr., is a Partner at The Whitman Law Office in Monmouth, where he focuses on probate, trust, and accounting and business entities. He is a member of the Illinois State and Warren County Bar Associations. Mr. Whitman received his B.A. from Eastern Illinois University, where he was valedictorian, and his J.D. cum laude from the Northwestern University Pritzker School of Law, where he was Editor of the Northwestern Law Review.
Jackson Willenborg is an associate at Taft Stettinius & Hollister LLP in Chicago, where he focuses on commercial litigation. Mr. Willenborg received his B.S. from Indiana University and his J.D. from the Michigan State College of Law.
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