News & Insights

July News

01 Jul Insight

Of Flying Cars, Restaurants, And Discovery

The Illinois Supreme Court’s recent decision in Marshall v. Burger King Corporation holds that businesses owe customers a duty of care to prevent injuries from car accidents caused by third parties if the business is located in a high-traffic area. Marshall v. Burger King Corp., No. 100372, 2006 Ill. LEXIS 1087 (Ill. June 22, 2006).
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June News

01 Jun Insight

Home-Buyers Beware: Your Title Insurance Protects You Only So Far

As any good consumer knows, a contract covers only what is says it does. This is true even when instinct tells you otherwise. Title insurance is no different. Before any house closing, a title insurance company will run a “thorough” title search and issue a commitment and policy based on that search. Yet, what home-buyers may not realize is that they cannot rely on this search. Because the title commitment does not contain a guaranty regarding the performance of the title search, the home-buyer cannot complain to his title insurance company if title turns out worse than expected.
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May News

April News

01 Apr Insight

An Early Holiday Gift: The Second District Clarifies a Key Standard of Review for Restrictive Covena

Attorneys and courts pondering which standard of review an Illinois appellate court should apply to restrictive covenant decisions may have received an early holiday gift this past year from the 2nd District appellate court. The court’s decision in The Agency, Inc. v. Grove, 362 Ill.App.3d 206, 839 N.E.2d 606, 298 Ill.Dec. 283 (2d Dist. 2005), released for publication on December 23, 2005, (two short days before Christmas and the beginning of Hanukkah) attempts to reconcile the previous conflicting decisions regarding the standard of review for such determinations.
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March News