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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. [2.44] 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 — Injunctions
I. Introduction
II. Jurisdiction and Venue
III. Interlocutory Injunctions (Temporary Restraining Orders and Preliminary Injunctions)
IV. Permanent Injunctions
VI. Statutory Remedies
VII. Forms
Chapter 5 — Rescission and Reformation
II. Rescission and Reformation Distinguished
III. [5.4] Instruments Subject to Rescission or Reformation
IV. Instruments Not Subject to Rescission or Reformation
V. Grounds for Relief
VI. Other Considerations
Chapter 6 — Interpleader
I. Introduction
II. The Statutory Vehicles: State and Federal
III. [6.13] Evaluating the Case: The When and Why of Interpleader
IV. Pleading and Other Procedural Tips
VI. Miscellaneous Considerations
Chapter 7 — Prosecuting Securities Fraud Class Actions
IV. [7.4] The Private Securities Litigation Reform Act
Chapter 8 — 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 9 — Quo Warranto, Mandamus, and Prohibition
I. Scope of Chapter
III. [9.6] 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 10 — Guardians and Receivers
I. Guardians
II. Receivers
Chapter 11 — Administrative Review
II. Purpose, Scope, and Applicability of the Administrative Review Law
III. [11.8] “Final” Administrative Decisions
IV. Time for and Manner of Commencing Action
V. Parties Plaintiff and Defendant
VIII. [11.20] Form and Method of Serving Summons
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. [11.37] Power To Grant Stay and Other Powers of Trial Court; Requirement To Post Bond
XIII. Procedure in the Trial Court
Chapter 12 — Restrictive Covenants, Trade Secrets, and Fiduciary Duties: The Foundation To Safeguard Competitive Business Advantage
II. [12.2] Restrictive Covenants
III. Interpretation of Restrictive Covenants
IV. Specific Categories of Restrictive Covenants
V. Protecting Confidential Information
VI. [12.34] Fiduciary Duties
VIII. [12.42] Possible Related Claims
Chapter 13 — Constructive Trusts
Chapter 14 — Litigating the Suit To Set Aside a Fraudulent Transfer
I. Introduction
II. [14.5] Types of Fraudulent Transfers
III. [14.9] Defenses to Fraudulent Transfer Claims
IV. Litigating the Fraudulent Transfer Case
V. [14.58] 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 15 — 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.
Allison E. Czerniak is an associate at Vedder Price P.C., in Chicago, where she focuses her practice on commercial litigation. Czerniak has been honored as an Illinois Super Lawyer Rising Star and a Best Lawyers in America One to Watch. She received her B.A. from the University of Minnesota-Twin Cities and her J.D. summa cum laude from the University of St. Thomas 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.
Allison K. Ferrini is Insurance Coverage Counsel In-House at Zurich American Insurance Company, in Schaumburg. Ms. Ferrini is a member of DRI and the Chicago Bar Association. She received her B.A. with honors from Pennsylvania State University and her J.D. from Loyola University Chicago School of Law.
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.
Thomas J. Kanyock is a Principal at Schwartz & Kanyock, LLC, in Chicago, where he concentrates in commercial and general litigation, and acts Of Counsel as a trial and litigation consultant for other attorneys. Mr. Kanyock is admitted to the state courts of Illinois, the U.S. District Court for the Northern District of Illinois, and the U.S. Court of Appeals for the Seventh Circuit. He is a member of the Illinois State and Chicago Bar Associations. Mr. Kanyock received his B.A. from State University of New York at Stony Brook and his J.D. from IIT/Chicago-Kent College of Law.
Edward M. Kay is a Partner at Clausen Miller P.C. in Chicago, where he focuses on appellate litigation and appellate trial monitoring. He is rated AV Preeminent by Martindale-Hubbell and is a Fellow in the prestigious American Academy of Appellate Lawyers. He has over 40 years’ experience in trial monitoring and posttrial/appellate litigation that he regularly brings to bear in significant cases nationwide and has prosecuted over 500 appeals nationwide. Mr. Kay earned his B.A. from Loyola University Chicago and his J.D. from Northern Illinois University School of Law.
John F. Kennedy is a Partner at Taft Stettinius & Hollister LLP, in Chicago, where he is a trial lawyer with a focus on crisis management. He is a Professor at The King’s Inns, Dublin, Ireland, and also serves as General Counsel and as a Member of the Board for the National Alliance on Mental Health. He earned his B.A. cum laude from Niles College of Loyola University and his J.D. with honors from DePaul University College of Law.
Michael J. Kralovec is a Partner at Kralovec Meenan LLP, in Chicago, where he concentrates his practice in commercial litigation and labor law. He is a member of the American, Illinois State, Chicago, and Federal Bar Associations and the Chicago Council of Lawyers. Mr. Kralovec received his B.A. from the University of Notre Dame and his J.D. from Loyola University Chicago.
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.
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.
Valeri J. Nowik is a senior associate at Clausen Miller PC, in Chicago, and focuses her practice on casualty defense, medical malpractice, professional liability, and commercial litigation. Ms. Nowik earned her B.B.A. from the University of Iowa Tippie College of Business, her M.B.A. from Marquette University Graduate School of Management, and her J.D. from Marquette University Law School.
Daniel R. Saeedi is a Partner at Taft Stettinius & Hollister LLP in Chicago, where he focuses on employment and business litigation. He is a Member of the Board of the Illinois Bar Association, an Illinois Super Lawyers Rising Star, and a Crain’s Notable Minorities in Accounting, Consulting & Law. Mr. Saeedi graduated magna cum laude from The UIC John Marshall Law School.
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.
Leigh Handelman Smollar practices with the firm of Pomerantz LLP, in Chicago, in the area of securities fraud litigation, representing institutional investors in individual and class-action cases. Ms. Smollar is a member of the American and Illinois State Bar Associations. She is admitted to practice in the State of Illinois, U.S. District Courts for the Northern District of Illinois, and U.S. Court of Appeals for the Seventh and Eighth Circuits. Ms. Smollar received her B.S. with high honors from the University of Illinois at Urbana-Champaign and her J.D. from IIT Chicago-Kent College of Law.
Sara L. Spitler is a Partner at Goldstine, Skrodzki, Russian, Nemec and Hoff, Ltd., in Burr Ridge. Ms. Spitler has a general commercial litigation background but devotes a substantial portion of her practice to probate and guardianship matters, as well as contested trust and estate disputes. Ms. Spitler is a Phi Beta Kappa graduate of Wittenberg University in Springfield, Ohio, where she received her B.A. summa cum laude and with departmental honors. She received her J.D. from Northwestern University School of Law and is a member of the DuPage County and Illinois State Bar Associations.
Richard Wm. Strawbridge is Senior Counsel at Sneckenberg, Thompson & Brody, LLP, in Chicago, and focuses on property subrogation. He has given presentations on the topic of damages in property subrogation cases to the National Association of Subrogation Professionals, the Chicago Bar Association, and the Western Loss Association, plus other presentations and seminars for various insurance company personnel. Mr. Strawbridge received his B.A. from Colgate University and his J.D. cum laude from The John Marshall Law School. Licensed in Illinois and the U.S. District Court for the Northern District of Illinois, he has also practiced widely throughout the greater midwest pro hac vice. He served as an artillery officer with the United States Army 1972 – 1974.
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.
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