Section Newsletters

Articles From 1999

The Power of the truth: An honest attorney’s guide to winning jury trials in a dishonest world* By Stephen D. Easton Civil Practice and Procedure, February 1999 They do not like us. The term "they," of course, includes everybody but us. They also do not trust us.
Pre-petition distribution of cash by a mortgagor: a fraudulent transfer? By John C. Murray Real Estate Law, June 1999 If a debtor is a general or limited single-asset partnership and has made a cash distribution to its partners prior to filing bankruptcy while real estate taxes due on the property remain unpaid, the secured creditor may be able to assert that such action by the debtor constitutes a fraudulent transfer under state or federal law.
Prejudgment interest Insurance Law, January 1999 Umbrella insurer entitled to prejudgment interest from primary CGL insurer on amount it contributed to settlement of underlying action.
Pretrial change of venue abrogated in Morgan v. Dickstein (5th District), 686 N.E.2d 56, cert. denied, 690 N.E.2d 1382 By Roger M. Scrivner Civil Practice and Procedure, February 1999 (a) A change of venue in any civil action may be had when the court determines that any party may not receive a fair trial in the court in which the action is pending because the inhabitants of the county are prejudiced against the party, or his or her attorney, or the adverse party has an undue influence over the minds of the inhabitants.
Procedure update By Carlos A. Saavedra Federal Taxation, November 1999 Code section 7122 authorizes the Secretary of the Treasury, and by delegation, IRS, to compromise any civil or criminal case.
Proceed with caution in condemnation actions By Jeffrey A. Mollet Real Estate Law, September 1999 A recent decision from the appellate court for the Second District may cause municipalities to proceed with more caution in pursuing condemnation actions.
Proceed with caution in condemnation actions By Jeffrey A. Mollet Local Government Law, June 1999 A recent decision from the appellate court for the Second District may cause municipalities to proceed with more caution in pursuing condemnation actions.
Professional conduct issues affecting civil practice By Steven G. Pietrick Civil Practice and Procedure, September 1999 Editors' Note: The Board of Governors of the ISBA has asked that all section councils and committees discuss ethical concerns relating to the work of those groups.
Promoting sustainable and beneficial reuse of contaminated sites: developments in the federal Brownfields Initiative By Mike Anastasio Environmental Law, June 1999 As the United States approaches the next millennium on the shoulders of a robust economy, there is an underlying challenge facing the country
Property Tax Appeal Board news By James W. Chipman State and Local Taxation, February 1999 On September 2, 1998, the Property Tax Appeal Board (board) adopted a new rule regarding the appropriate level of assessments to be applied by the board in appeals involving the major Cook County property classes.
Proposed draft for the ISBA Committee on Professional Conduct By Don C. Hammer Alternative Dispute Resolution, November 1999 Unauthorized practice of law. Insurance adjuster participates in mediation of personal injury claim.
Protecting your client from their own insurance carrier By G. Bradley Hantla & Christopher (Kit) Bradley Hantla General Practice, Solo, and Small Firm, November 1999 Imagine the following scenario. A client comes to see you who has just been involved in a serious automobile accident.
Protecting your domain name: The trademark dilution solution By Orrin S. Shifrin & Nicole Nehama Auerbach Young Lawyers Division, April 1999 In our cruise along the information superhighway, we will inevitably encounter a few bumps in the road.
The protection of computer software in the European Community By Jim Xu Young Lawyers Division, August 1999 Adequate protection of intellectual property requires the recognition or protection of a specific property right and an effective enforcement mechanism for that property right.
Protection of USDA benefits By James D. Cottrell Agricultural Law, November 1999 The purpose of this article is to provide information to practitioners to assist them in protecting their clients' USDA benefits.
Public Act 88-680 A constitutional anomaly (location, location, location) By Carey J. Luckman Criminal Justice, September 1999 Old news: Public Act 88-680 was signed by Governor Edgar December 15, 1994, effective January 1, 1995.
Punitive damages and the corporate complicity rule By Daniel P. Wurl Tort Law, May 1999 It has long been established in Illinois that punitive damages may be awarded when torts are committed with fraud, actual malice, deliberate violence or oppression, or when a defendant has acted willfully or with such gross negligence as to indicate a wanton disregard for the rights of others.
Purchase of assets—The duty to WARN By Rob Seigel Business and Securities Law, May 1999 Frequently, when one corporation contracts to purchase the assets of another, the purchaser has no intention of continuing to operate the seller's business as an ongoing concern.
Questions about recent changes in paternity establishment By Ann B. Conroy General Practice, Solo, and Small Firm, March 1999 Hailed in some sectors as a genuine breakthrough for fathers' rights, the recent changes made to the Parentage Act by Public Act 90-0715, signed by Governor Edgar in August of 1998, to be effective immediately, have perhaps created more confusion than clarity.
Questions and answers from the ISBA discussion group By Adrienne W. Albrecht Legal Technology, Standing Committee on, November 1999 Frequently, legal technology questions are posed and answered on the ISBA main discussion group.
Railroad which destroyed allegedly faulty container and the container’s owner both severely sanctioned when container destroyed before trial By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 1999 What happens in a cargo damage derailment suit when the parties zero in on the condition of a container as the alleged cause of the derailment and the container is destroyed before expert inspections?
Raising local taxes: Turf wars resulting from dual taxation—round two By Alexander P. White State and Local Taxation, August 1999 The April 1998 issue of Tax Trends, Vol. 41, No. 6, included the article "Raising local taxes: Turf wars resulting from dual taxation," which reviewed an Illinois Appellate Court decision which declared the trial judge incorrectly held unconstitutional a village of Rosemont ordinance prohibiting the collection of Cook County's amusement tax at village facilities
Recent appellate cases By David P. Bergschneider & Donald R. Parkinson Criminal Justice, March 1999 The defendant filed a pro se post-conviction petition. The trial judge dismissed it as frivolous and patently without merit.
Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson Criminal Justice, December 1999 The State sought civil commitment of the defendant in this case as a sexually violent person. The defendant had been previously convicted of criminal sexual assault and indecent liberties with a child in 1984.
Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson Criminal Justice, November 1999 At the request of the defendant's wife, two police officers accompanied her to the trailer that she was sharing with the defendant.
Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson Criminal Justice, October 1999 The defendant, Terry S. Duke, had been sentenced to 35 years in prison for rape (Class X felony) and a consecutive 2 1/2 year sentence for the possession of contraband in a penal institution.
Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson Criminal Justice, September 1999 The defendant was convicted by a jury of the offenses of residential burglary, aggravated unlawful restraint and aggravated criminal sexual assault.
Recent appellate court cases By David P. Bergschneider Criminal Justice, July 1999 After a bench trial, the defendant was convicted of aggravated battery and sentenced to an extended term of 10 years.
Recent appellate court cases By David P. Bergschneider Criminal Justice, April 1999 The defendant was charged with driving under the influence of alcohol. His blood test revealed a blood ethanol content of .196
Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson Criminal Justice, January 1999 The Fourth District reversed the trial court's granting of the defendant's motion to suppress. The defendant was the backseat passenger in a vehicle which failed to completely stop at a stop sign.