Publications

Articles on Fraud

Understanding the “Scheme to Defraud” Exception to Promissory Fraud in Illinois

By Roger L. Price and Mark L. Johnson
October
2002
Article
Page 536
The exception has generated a confusing body of case law; the authors propose a way to reconcile the decisions.

Amendments to Consumer Fraud and Deceptive Business Practices Act requiring pre-filing notification to car dealers are unconstitutional

September
2002
Illinois Law Update
Page 454
On June 28, 2002, the Appellate Court of Illinois, First District, held that the 1993 and 1996 amendments to the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 (1996).

Plaintiff’s “marketing theory” of causation insufficient to satisfy proximate cause under Illinois Consumer Fraud and Deceptive Business Practices Act

September
2002
Illinois Law Update
Page 454
On June 20, 2002, the Illinois Supreme Court reversed the appellate court and affirmed the trial court's dismissal of the plaintiff's amended class action complaint.

Law restricts the deceptive sale or promotion of health-related cash discount cards P. A. 92-0296

August
2002
Illinois Law Update
Page 402
On August 9, 2001, Gov. George H. Ryan signed into law House Bill 3179, which adds a new section to the Consumer Fraud and Deceptive Business Practices Act by restricting the deceptive sale or promotion of health-related discount cash cards.

Plaintiffs allegations of “bait and switch” advertising were sufficient to state claims under the Illinois Consumer Fraud and Consumer Loan Acts when lender advertised a new loan but refinanced an old loan at unfavorable rates

July
2002
Illinois Law Update
Page 344
On March 27, 2002, The Appellate Court of Illinois, First District, Third Division, reversed the dismissal of the plaintiffs' consumer class action under the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1 (1998) and the Illinois Consumer Installment Loan Act, 205 ILCS 670/18 (1998).

Purchaser of used car stated claim for fraud based on concealment of known defect and statute of limitations for implied warranty began to toll anew when used vehicle was sold

January
2002
Illinois Law Update
Page 14
On October 19, 2001, the Appellate Court of Illinois, First District, reversed the Circuit Court of Cook County, which dismissed the plaintiff's complaint alleging consumer fraud and breach of the implied warranty of merchantability.

The Lawyer’s Journal

By Bonnie C. McGrath
November
2000
Column
Page 620
A lower burden of proof for consumer fraud? Arbitration-award rejection—can secretaries sign after all? and more.

The Lawyer’s Journal

By Bonnie C. McGrath
October
2000
Column
Page 560
The illusion of insurance exclusion; lease lacking, landlord loses; OSHA makes house calls; and more.

The Lawyer’s Journal

By Bonnie C. McGrath
August
2000
Column
Page 434
You still have the right to remain silent; UPL and in-house counsel; and more.

The Illinois Whistleblower Reward and Protection Act and Its Qui Tam Provisions

By Tod A. Lewis
July
2000
Article
Page 392
Here's how to use this little-known statute, which allows private-sector whistleblowers to sue on behalf of the state and share any recovery.

Illinois Electronic Mail Act created; P.A. 91-233

May
2000
Illinois Law Update
Page 252
Beginning January 1, 2000, electronic mail users now have increased protection over their accounts.

The Lawyer’s Journal

By Mark S. Mathewson
May
2000
Column
Page 251
You've got mail ... from a client ... and it's OK; fraudulent transfers and tenancy by the entirety; and more.

The “sole intent” standard is used to determine whether a conveyance of property to tenancy by the entirety to avoid payment of judgment to creditors was a fraudulent conveyance

April
2000
Illinois Law Update
Page 196
In May 1995, plaintiff, Premier Property Management, Inc., sued Chavez in a separate lawsuit. In July 1996, Chavez conveyed his interest as sole owner of his home to himself and his wife as tenants by the entirety.

The Lawyer’s Journal

By Bonnie McGrath
November
1999
Column
Page 570
Watch out, HMOs.

Illinois Consumer Fraud Act: A Primer on Recent Developments

By James R. Keller
September
1999
Article
Page 474
The present state of the law for private causes of action under the Consumer Fraud Act.

The Consumer Fraud and Deceptive Business Practices Act does not apply to claims of excessive attorneys fees

January
1999
Illinois Law Update
Page 13
On October 22, 1998, the Illinois Supreme Court reversed the appellate court's holding that the Consumer Fraud and Deceptive Business Practices Act applied to the commercial aspects of a law practice, including billing for legal services.

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