Thelin v. Mitchell

3 Citing cases

  1. First Interst. Comm. Mortgage v. Hinshaw Culbertson

    Case No. 95 C 3867 (N.D. Ill. Mar. 25, 1998)

    The pressure applied must have been wrongful or unlawful; mere hard bargaining is not enough. Linn, 671 F. Supp. at 556, 559. Moreover, a party's threat to assert its legal rights does not rise to the level of duress unless it involves some abuse of the legal process.Thelin v. Mitchell, 576 F. Supp. 1404, 1408 (N.D. Ill. 1983);Enslen v. Village of Lombard, 470 N.E.2d 1188, 1190-91 (Ill.App.Ct. 1984). The facts of this case do not present a situation of economic duress.

  2. In re Pre-Press Graphics Company, Inc.

    Bankr. No. 02 B 08292, Adv. No. 03 A. 04400 (Bankr. N.D. Ill. Jun. 22, 2004)

    However, "[i]t is not wrongful to threaten to do something that one has a legal right to do." Riv Vil, 979 F. Supp. at 656 ( citing Alexander, 423 N.E.2d at 582); Thelin v. Mitchell, 576 F. Supp. 1404, 1408 (N.D. Ill. 1983) (citations omitted) (finding that a party's threat to assert its legal rights does not rise to the level of economic duress unless it involves some abuse of the legal process). Unless wrongful or unlawful pressure is exerted, there is no economic duress.

  3. In re Pre-Press Graphics Co., Inc.

    310 B.R. 905 (Bankr. N.D. Ill. 2004)   Cited 2 times
    Noting that "economic duress does not exist when the party claiming the duress had a choice as to whether he would perform the act or do the thing said to have been done under duress"

    However, "[i]t is not wrongful to threaten to do something that one has a legal right to do." Riv Vil, 979 F.Supp. at 656 (citing Alexander, 53 Ill.Dec. 194, 423 N.E.2d at 582); Thelin v. Mitchell, 576 F.Supp. 1404, 1408 (N.D.Ill.1983) (citations omitted) (finding that a party's threat to assert its legal rights does not rise to the level of economic duress unless it involves some abuse of the legal process). Unless wrongful or unlawful pressure is exerted, there is no economic duress.