Illinois Bar Journal


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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 Bad news for plaintiffs’ lawyers – the common fund doctrine does not give them a share of health care liens, the Illinois Supreme Court ruled recently.
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.