Publications

Articles on Liens

Stifling ‘sovereign citizens’: tougher penalties for unlawful clouding of title

By Adam W. Lasker
November
2013
LawPulse
Page 554
In response to false liens against public officials' property filed by so-called "sovereign citizens," the Illinois legislature upgrades false title-clouding from a misdemeanor to a felony.

Perfecting a Mechanics Lien: What You Need to Do it Right

By Howard M. Turner and Michael T. Nigro
May
2013
Article
Page 254
Two seasoned attorneys offer practical tips to help you perfect mechanics liens on behalf of your contractor clients.

A New Law Overturns Cypress Creek

By Joseph R. Fortunato
April
2013
Column
Page 204
A new law puts contractors with secured liens ahead of lenders.

Creditors Are Not Freeloaders: The Common Fund Doctrine Does Not Apply to Hospital Lienholders

By Robert D. Kreisman
November
2011
Article
Page 568
Wendling holds that hospital lienholders are creditors, not third-party beneficiaries of the plaintiff's lawsuit, and thus not required to pay attorney fees under the common fund doctrine.

No common fund fee recovery for health care liens

By Helen W. Gunnarsson
May
2011
LawPulse
Page 222

The common-fund doctrine applies to hospital liens

May
2010
Illinois Law Update
Page 236
On March 4, 2010, the Appellate Court of Illinois, Fifth District, upheld a decision of the Circuit Court of Williamson County finding that the common-fund doctrine applied to hospitals' statutory liens filed pursuant to the Health Care Services Liens Act. 770 ILCS 23/1 et seq.

Lender Leap-Frog: Conventional Subrogation in Lien Priority Disputes

By Barbara A. Gimbel and Edward J. Andersen
September
2006
Article
Page 494
A lender can take priority as lienholder even over a third party who recorded first. Find out how.

Administrative order of the Department of Public Aid, establishing a lien on a joint account for collection of past-due child support, was against the manifest weight of documentary and testimonial evidence

April
2004
Illinois Law Update
Page 176
On January 21, 2004, the Appellate Court of Illinois, Second District, affirmed the judgment of the Circuit Court of Winnebago County, reversing an administrative order of the Illinois Department of Public Aid as against the manifest weight of the evidence.

Lienholders Must Surrender Title Within 21 Days P.A. 93-0621

February
2004
Illinois Law Update
Page 70
The Illinois Vehicle Code was recently amended to require that persons holding a security interest in a vehicle, who are in possession of the certificate of title, must release the security interest within 21 days after receiving payment in satisfaction. 

The Downsizing, then Supersizing of Medicare’s Super Lien

By Fred Johnson
January
2004
Article
Page 40
A federal appellate decision limited Medicare's subrogation interest in settlement proceeds, but the new Medicare reform law legislatively overturned the court and expands the lien.

The Exception Makes the Rule: Liens on Workers’ Comp Claims

By Michael S. Feist
December
2003
Article
Page 627
The rule is that workers' comp claims aren't subject to liens. The exceptions are many.

Do trial lawyers have the Country behind them?

By Helen W. Gunnarsson
November
2002
LawPulse
Page 578
A recent case interpreting language that appears in many Country Companies insurance policies has the plaintiffs' bar buzzing.

Correspondence from Our Readers

June
2002
Column
Page 278
Medicare liens; a clarification.

Correspondence from Our Readers

May
2002
Column
Page 222
More on liens.

The Latest on Liens: An Illinois Tort Lawyer’s Guide

By Edward W. McNabola and Kevin E. O’Reilly
March
2002
Article
Page 124
Liens can consume clients' recovery and decrease their willingness to settle. Here's a fresh look at the law.

A physician’s lien may be valid despite technical deficiencies, and in a claim for conversion a jury may award punitive damages

December
1998
Illinois Law Update
Page 662
On October 1, 1998, the Illinois Supreme Court affirmed the appellate court's holding that the physician's lien was valid despite technical deficiencies.

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