Dear Readers,
Welcome to June’s edition of PLF’s Newsletter. In this issue, we bring you recent legal updates, insights, and practical tips to help you and your business thrive in the complex legal landscape.
Client Spotlights
Attorneys Thomas Kanyock and Rebecca Drizner secured a favorable settlement in a complex real estate dispute involving the purchasing of townhomes in Highwood, IL. Kanyock and Drizner represented the purchasers of townhomes located in Highwood, IL in an action against the seller of the townhomes and its property manager for providing allegedly false rent and lease information in due diligence.
Attorneys Kristi Browne and David Moskowitz successfully settled a lawsuit in Florida against our client, gaining him control of his family company and the land on which the company operates.
Case Law Spotlight
Illinois Appeal Court for the Third District Reverses Dismissal in Foreclosure Case Over Unresolved Claims
In a recent decision in favor of one of Patterson Law Firm’s clients, the Illinois Third District reversed the dismissal of a Defendant’s petition to vacate a foreclosure judgment, finding the trial court failed to address all claims before closing the case.
The case involved a commercial foreclosure in Kankakee County where the bank used improper service of process in Cook County. The borrower appeared late—after recovering from a medical stay—and filed a Section 2-1401 petition to challenge the judgment as void. The Illinois Supreme Court had previously ruled that the initial service was defective and remanded the case for further consideration.
While the trial court vacated earlier orders based on improper service, it failed to decide whether a later Order Confirming Sale—entered on the same day the defendant appeared—was also void. Instead, the court dismissed the remaining petition without a full ruling on that claim.
The appellate court found the dismissal was premature. A Section 2-1401 petition challenging a potentially void judgment must be fully addressed on the merits. Since the defendant’s claim that the sale confirmation was based on a void foundation was never resolved, the case is being sent back for further proceedings.
Importantly, the appellate court noted that a 2-1401 petition alleging voidness does not require the petitioner to show diligence or a meritorious defense, making it procedurally improper to dismiss it without full consideration.
Case: Municipal Trust and Savings Bank v. Denis J. Moriarty, 2025 IL App (3th) 240225-U
Important Legal Updates You Should Know
Illinois Senate Passes Crypto Consumer Protection Act
The Illinois Senate approved Senate Bill 1797, dubbed the Digital Assets and Consumer Protection Act, to clamp down on crypto fraud and deceptive practices targeting Illinois residents.
- Key Provisions of the Bill
- Any firm offering crypto services to Illinois residents must register with the Department of Financial and Professional Regulation.
- Fee transparency: Platforms must clearly disclose all fees, whether for deposits, withdrawals, or transactions.
- Risk and insurance disclosures: Service providers must tell users if assets are insured and explain risks like fraud, hacking, or access issues.
- Token scrutiny: Exchanges listing tokens must evaluate security, assess conflicts of interest, and justify ongoing inclusion of each token.
- Asset segregation: User holdings must be held separately—off-limits for platform liabilities and protected in case of bankruptcy.
- Customer support & dispute handling: Covered companies must offer toll-free hotlines, dispute-resolution procedures, and fraud reporting channel.
Practical Tip: Don’t Let the Statute of Limitations Sink Your Case
Missing a statute of limitations can be fatal to your civil complaint—no matter how strong your underlying claims may be.
Statutes of limitation aren’t just technicalities—they’re deal-breakers. Prioritize deadline accuracy to preserve your client’s rights. Courts strictly enforce filing deadlines. Filing even one day late can result in immediate dismissal—with no second chance.
PLF Pro Tip: Make sure to calendar the deadlines the day you’re retained. Don’t rely solely on the discovery rule—get clarity on when the clock started. If you’re even close to the cutoff, file first, amend later.
Firm News
PLF Welcomes Ben Willstein, Brendan Koebke, Jingyi Fan and Elijah Chen as they started as law clerks for the firm during the summer.
PLF will be sponsoring the ABA National Malpractice Conference in Palm Springs this fall with Tom Patterson and David Sanders attending in representation of the firm.
Contact Us
For further information or legal assistance, reach out to us at:
- Phone: 312-223-1699
- E-mail: marketing@pattersonlawfirm.com
- Website: www.pattersonlawfirm.com
- LinkedIn: Patterson Law Firm
- Facebook: The Patterson Law Firm, LLC
Thank you for reading! We look forward to supporting your business.
Best regards,
PLF
