Section Newsletters

Articles From Donald A. LoBue

The standards for appointment in cases where multiple individuals are competing for guardianship By Donald A. LoBue Elder Law, June 2013 There is ample guidance in the statutes and case law as to the standards that should be applied in the appointment of a guardian. Of paramount concern in the selection of a guardian is the best interest and well-being of the disabled person.
A nursing home can recover its fees for care under quantum meruit despite the lack of a written contract as required by The Nursing Home Care Act By Donald A. LoBue Elder Law, August 2010 A look at the recent case of The Carlton At The Lake, Inc. v. Barber.
An alternative: Public housing or housing vouchers By Donald A. LoBue Elder Law, February 2010 Some attorneys in the elder law practice spend a considerable amount of time advising clients on how to qualify for Medicaid and Medicare. As a general rule, Medicaid does not come into play until a person with a medical condition needs assisted care.
Past Chair’s Column: Tradition of Excellence Award to Matt Maloney By Donald A. LoBue General Practice, Solo, and Small Firm, September 2008 This year’s Tradition of Excellence Award goes to Matthew A. Maloney of Princeton, Illinois, posthumously. Matt epitomized the award.
Chair’s Column: “Two lawyers walk into a bar…” By Donald A. LoBue General Practice, Solo, and Small Firm, May 2008 There was a very informative and disturbing article about lawyers in the April 6, 2008 edition of the Chicago Tribune Magazine.
Chair’s Column: There are but a few short months to complete CLE credits By Donald A. LoBue General Practice, Solo, and Small Firm, April 2008 As attorneys should know by now, the first reporting period for mandatory continuing legal education (MCLE) is rapidly coming to a close.
Applications for the Tradition of Excellence Award sought—Deadline March 21, 2008 By Donald A. LoBue General Practice, Solo, and Small Firm, March 2008 It is that time of year again. The General Practice, Solo & Small Firm Section Council is seeking nominations for its Tradition of Excellence Award.
Chair’s Column: Veterans need our help By Donald A. LoBue General Practice, Solo, and Small Firm, March 2008 I recently attended the Illinois Bar Association’s Continuing Legal Education program entitled “Veterans Legal Issues.”
Special issue in memoriam of MATTHEW A. MALONEY By Donald A. LoBue General Practice, Solo, and Small Firm, January 2008 The Bar Association lost a good friend when Matt Maloney of Princeton, Illinois passed on December 25, 2007.
Chair’s Column: Solo and Small Firm Conference—Like no other conference in Illinois By Donald A. LoBue General Practice, Solo, and Small Firm, November 2007 The Annual Meeting in June marks the beginning of a new year with the Illinois State Bar Association.
The Open Meetings Act: Recent amendments and cases By Donald A. LoBue Administrative Law, May 2007 There are many local governments in the State of Illinois.
The Open Meetings Act: Recent amendments and cases By Donald A. LoBue General Practice, Solo, and Small Firm, February 2007 There are many local governments in the State of Illinois.
Employment Law Update: Standard of review expanded for employees in retaliation claims involving FMLA By Donald A. LoBue General Practice, Solo, and Small Firm, October 2006 The case of Richardson v. Monitronics International, Inc., from the vs. Fifth Circuit Court of Appeals has held that the traditional McDonnell-Douglas Corporation v. Greene burden-shifting framework was not the correct standard of review in a retaliation case under the Family Medical Leave Act.
Buyer’s remedies in the fraudulent sale of residential property By Donald A. LoBue General Practice, Solo, and Small Firm, December 2005 The courts continue to expand buyers’ remedies regarding the purchase of homes.
Appellant beware: Trust fees and administrative costs disallowed on appeal By Donald A. LoBue General Practice, Solo, and Small Firm, January 2005 Since early in law school, attorneys have heard the phrase "Buyer Beware." A recent Fourth District case, NC Illinois Trust Co. v. Madigan et al, is an example of a situation where the Appellant needs to beware.
The abatement and apportionment of estate expenses By Donald A. LoBue General Practice, Solo, and Small Firm, December 2003 How are estate taxes and the expenses of administration to be paid and apportioned between the various beneficiaries? The recent case of Estate of William L. Henry, Jr. v. St. Peter’s Evangelical Church, 337 Ill. App. 3d 246, 785 N.E. 2d 1049 (2003), is an example of some of the rules which apply.
2003 Tradition of Excellence Award By Donald A. LoBue General Practice, Solo, and Small Firm, August 2003 This year's winner of the General Practice Tradition of Excellence Award is Aurora attorney Patrick M. Kinnally.
Send in your nominations: Tradition of Excellence Award By Donald A. LoBue General Practice, Solo, and Small Firm, December 2002 It has been my privilege to be associated with the General Practice, Solo and Small Firm Section's Tradition of Excellence Award for the last few years.
Which beneficiaries pay estate taxes? By Donald A. LoBue General Practice, Solo, and Small Firm, August 2002 Do beneficiaries share the cost of estate taxes in amounts proportionate to their share of an estate? According to a recent third district opinion, In Re: Estate of Robert L. Maierhofer, deceased, Case No. 3-01-0428, this is frequently not the case.
Revocation of wills: intent is not enough By Donald A. LoBue General Practice, Solo, and Small Firm, March 2002 Cancellation and alteration of wills usually occurs without the benefit of legal advice. An individual wants to change his or her will and marks the original accordingly. Prior to seeing a lawyer, he or she dies.
Sellers beware: buyer’s remedies for defective homes By Donald A. LoBue General Practice, Solo, and Small Firm, September 2001 There have been significant gains in the consumer protection afforded home buyers over the last decade.
Reasonable accommodation: A new battleground in employer/ employee disputes By Donald A. LoBue General Practice, Solo, and Small Firm, December 2000 Whether or not illnesses and injuries constitute a disability within the meaning of the Americans with Disabilities Act (ADA) and whether or not the employer provided mandated reasonable accommodation has become an active, new battleground in employer/employee disputes.
The Tradition of Excellence Award applicants sought By Donald A. LoBue General Practice, Solo, and Small Firm, April 2000 The General Practice Section has established a Tradition of Excellence Award. All lawyers licensed to practice law in Illinois, including sitting or retired judges, are eligible.
Changing personnel policies and employee handbooks just got harder By Donald A. LoBue General Practice, Solo, and Small Firm, March 2000 Attorneys representing employers should be aware of the recent Illinois Supreme Court case of Doyle v. Holy Cross Hospital 186 Ill.2d 104, 237 Ill.Dec. 100, 708 N.E.2d 1140 (1999) which held that modification of the terms of an employee handbook or personnel policy would not be enforceable without new consideration.
Helpful aides to the practitioner preparing estate and gift tax returns By Donald A. LoBue General Practice, Solo, and Small Firm, March 1999 I recommend two publications and CCH's Performance Plus II to those general practitioners who do not prepare estate and gift tax returns on a regular basis.

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