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Articles From Mary Anne Spellman Gerstner

Book Review: ‘The Great Dissenter’ By Mary Anne Spellman Gerstner Senior Lawyers, December 2021 A review of the book "The Great Dissenter: The Story of John Marshall Harlan, America’s Judicial Hero" by Peter S. Canellos.
1 comment (Most recent December 13, 2021)
In re Estate of Agin By Mary Anne Spellman Gerstner Trusts and Estates, November 2016 The opinion in this case demonstrates the importance of a clear expression of the settlor’s intent in the trust language itself, the meaning of the term per stirpes, and reflects the impediments which exist to presenting extrinsic evidence in interpreting a trust.
In re Estate of Agin—Deceased beneficiary of uncle’s land trust outlived uncle but died before distribution of trust sale proceeds. Decedent’s trust share held to be an asset of his estate and did not pass to his children under trust agreement By Mary Anne Spellman Gerstner General Practice, Solo, and Small Firm, August 2016 The opinion in this case demonstrates the importance of a clear expression of the settlor’s intent in the trust language itself, the meaning of the term per stirpes, and reflects the impediments which exist to presenting extrinsic evidence in interpreting a trust.
Appellate court affirms exclusion of subchapter S corporation retained earnings from majority shareholder’s child support calculation and describes relevant factors By Mary Anne Spellman Gerstner General Practice, Solo, and Small Firm, September 2015 In In re Marriage of Deepalakshmi Moorthy and Channa Mallik Arjuna, the Appellate Court affirmed exclusion of subchapter S corporation earnings from a majority shareholder’s income for purposes of child support, and articulated the relevant factors for consideration by the Court in its analysis.
Appellate Court upholds ruling that Illinois Wage Payment and Collection Act does not apply to unpaid future wages under terminated employment contract By Mary Anne Spellman Gerstner General Practice, Solo, and Small Firm, April 2014 A summary of Majmudar v. House Of Spices (India), Inc.
Practice alert: Consideration issues in covenants not to compete under Fifield v. Premier Dealer Services By Mary Anne Spellman Gerstner General Practice, Solo, and Small Firm, October 2013 In Fifield, decided on June 24, 2013, the First District Appellate Court found that adequate consideration for a non-solicitation and non-competition agreement signed by an at-will employee required continuous employment for at least two years after the agreement was signed.
Reasonable accommodations overview under Title I of the Americans With Disabilities Act of 1990, as amended By Mary Anne Spellman Gerstner General Practice, Solo, and Small Firm, April 2013 Do you get inquiries about requests for accommodations? This overview of pertinent standards under Title I of the Americans With Disabilities Act may facilitate an efficient response.
New citation lien procedure provides enforcement help for judgment creditors By Mary Anne Spellman Gerstner Commercial Banking, Collections, and Bankruptcy, November 2011 Effective January 1, 2012, Code of Civil Procedure amendments will give improved remedies to judgment creditors in citation to discover assets proceedings and other post-judgment procedures.
New citation lien procedure provides enforcement help for judgment creditors By Mary Anne Spellman Gerstner General Practice, Solo, and Small Firm, October 2011 Effective January 1, 2012, Code of Civil Procedure amendments will give improved remedies to judgment creditors in citation to discover assets proceedings and other post-judgment procedures.

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