From our private database of 37,200+ case briefs...
Henderson v. Roadway Express
Illinois Appellate Court
720 N.E.2d 1108, 308 Ill. App. 3d 546 (1999)
A federal law gave tax benefits to a payor for structuring a litigation settlement into periodic payments instead of a single lump sum—but only if the periodic payments could not be altered. Aaron Henderson (plaintiff) had a personal-injury claim against Roadway Express (defendant). Roadway Express settled the claim using a structured-settlement agreement that included (1) $30,000 in periodic future payments to Henderson; (2) an antiassignment provision that mirrored the tax law’s language and stated that Henderson could not accelerate, sell, or assign his rights to the periodic payments; and (3) a different provision stating that the entire agreement would be binding on the parties’ assignees. Henderson assigned his right to receive the $30,000 in periodic payments to Singer Asset Finance Company in exchange for a lump-sum payment of $12,210. As required by state law, Henderson then requested court approval of the assignment of his structured-settlement payments. The trial court denied the request, finding that the settlement agreement’s antiassignment provision prohibited Henderson’s assignment. Henderson appealed, arguing that antiassignment provisions were generally disfavored and that his settlement agreement’s antiassignment provision was unclear and unenforceable because (1) it did not use the word void and (2) another agreement provision implied that Henderson was allowed to have an assignee.
Rule of Law
Holding and Reasoning (Cook, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 630,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 630,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 37,200 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.