Section Newsletters

Articles From 1999

Recent judicial appointments and retirements Bench and Bar, February 1999 (1) The supreme court, pursuant to its constitutional appointment authority, has made the following appointment.
Recent judicial appointments and retirements Bench and Bar, January 1999 Recent changes to Illinois' Judiciary.
Recent legislation enacted into law Bench and Bar, December 1999 P.A. 91-589, effective January 1, 2000, creates the Capital Crimes Litigation Act (725 ILCS 124/1 et seq.).
Recent legislation enacted into law Bench and Bar, November 1999 P.A. 91-363, effective July 30, 1999, amends Code of Criminal Procedure. Adds new section 115-10.4 (admissibility of prior statements when witness deceased):
Recent legislation enacted into law Bench and Bar, October 1999 P.A. 91-145, effective January 1, 2000, amends Code of Civil Procedure. Rewrites section 2-301 (was "special appearance", now "objections to jurisdiction over the person") to provide that, prior to filing pleading or motion other than a motion for extension to answer or otherwise appear.
Recent legislation enacted into law Bench and Bar, March 1999 P.A. 90-805, effective December 2, 1998, amends Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/3-108).
Recent legislative developments By Michele M. Jochner General Practice, Solo, and Small Firm, October 1999 Significant changes in Illinois law have occurred as a result of new legislation which has been recently enacted.
Recent news releases Energy, Utilities, Telecommunications, and Transportation, May 1999 Surface Transportation Board (board) Chairman Linda J. Morgan announced today that the board has terminated its consideration of two more rail rate complaints after the parties reached negotiated settlements.
Recent news releases Energy, Utilities, Telecommunications, and Transportation, January 1999 Surface Transportation Board (board) Chairman Linda J. Morgan announced today that, to date, 22 written decisions have been issued by the board in the "Conrail" railroad control proceeding following the board's July 1998 approval of the application of CSX Corporation and CSX Transportation, Inc. (collectively, CSX) and Norfolk Southern Corporation and Norfolk Southern Railway Company (collectively, NS) to acquire control of Conrail Inc. and Consolidated Rail Corporation (collectively, Conrail) and to divide Conrail's assets between them.
Recent section council meeting Administrative Law, September 1999 At its May 12, 1999, meeting, the Administrative Law Section Council was advised by Claire Manning and Steve Rotello that several bills relating to administrative law, including proposed amendments to the Illinois Administrative Procedure Act, have been held until the General Assembly's fall veto session.
Recreational injuries and traveling employees: An unresolved question By H. Barry Wesley Workers’ Compensation Law, June 1999 Often a case will be decided which makes the "initial statement" of the law in an area; such was the decision in Bagcraft Corp. v. Industrial Comm'n, 302 Ill. App. 3d 334, 705 N.E.2d 919, 235 Ill. Dec. 736 (1998).
Reflection after 40 years By James J. Elson General Practice, Solo, and Small Firm, January 1999 May 23, 1957, is the date when I was admitted to the bar. For most of the 40 years since, I have been privileged to be a general practitioner which in my opinion is the essence of real lawyering.
Reinsurance Insurance Law, October 1999 Reinsurer did not waive right to arbitrate contract defenses by litigating non-arbitrable issue of whether contracts were executory.
Representing a physician subject to disciplinary action by the Illinois Department of Professional Regulation By Michael K. Goldberg General Practice, Solo, and Small Firm, August 1999 The Illinois Department of Professional Regulation (IDPR) oversees the Illinois statutes that govern the licensure and discipline of professional and occupational groups.
Requirements for real estate title insurance extended coverage By James F. Dunneback General Practice, Solo, and Small Firm, November 1999 Many general practitioners come across the term "extended coverage" in residential real estate transactions.
Researching health law issues By Nancy McMurrer Health Care Law, March 1999 Context and facts are always important in legal practice, but never so significant as in an interdisciplinary area of law.
Resources for the elder lawyer Elder Law, November 1999 What "Fair Housing" Means for People with Disabilities is a new booklet published by the Bazelon Center for Mental Health Law.
Reverse mortgage resources By Stephanie Edeltein Elder Law, April 1999 AARP Home Equity Information Center AARP Foundation
Reverse mortgages and the Internet era—Lenders and title insurers beware By Todd A. Rowden Real Estate Law, March 1999 Mortgages are the bedrock of home ownership and, indeed, of our entire economy.
Revestment By Leonard Murray General Practice, Solo, and Small Firm, February 1999 No doubt it is the common perception that once a dismissal for want of prosecution ("dwp") is entered in an action, unless otherwise vacated by order of court, it divests a court of jurisdiction of that action.
Review of new traffic law By James J. Ahern Traffic Laws and Courts, October 1999 Amends section 9-3 of the Illinois Criminal Code to authorize a prosecution for reckless homicide for the person who, while operating a snowmobile, all-terrain vehicle or watercraft, causes the death of another person as a result of the reckless operation of such device. Effective January 1, 2000
A review of the 18th Annual Conference of the National Conference of State Tax Judges By Alexander P. White State and Local Taxation, February 1999 The 18th Annual State and Local Taxation Conference of the National Conference of State Tax Judges (NCSTJ) convened on September 10, 1998, in Cambridge, Massachusetts.
Revised DUI penalty guide By Chris E. Freese Traffic Laws and Courts, October 1999 The following DUI penalty guide was originally published in the General Practice, Solo & Small Firm newsletter in June 1996.
Revised DUI penalty guide By Chris E. Freese General Practice, Solo, and Small Firm, March 1999 The following DUI penalty guide was originally published in this newsletter in June 1996.
Revisiting real estate taxes in bankruptcy By Timothy E. Moran Commercial Banking, Collections, and Bankruptcy, February 1999 Jurisdiction for the bankruptcy court to review and revise prior years' (pre-petition) tax liabilities, including ad valorem real estate taxes, derives from section 505 of the Bankruptcy Code (11 USC section 505).
Revisiting the causation requirement with respect to the admissibility of a prior physical condition; otherwise known as, the “Same Part of the Body Rule” By Edna Turkington-Viktora General Practice, Solo, and Small Firm, March 1999 In Illinois, the general rule with respect to cross-examining a plaintiff about a previous physical condition or injury is known as the "Same Part of the Body Rule."
Right to trial by jury in traffic cases, misdemeanors and local ordinance violations By Lawrence W. Terrell Traffic Laws and Courts, June 1999 A defendant who is charged with a traffic offense, whether misdemeanor or local ordinance violation, is entitled to a trial by jury.
The role of ADR in managed health care disputes By Roderick B. Mathews Health Care Law, December 1999 The search continues for efficient and fair, user-friendly, level-playing-field means of resolving claims and provider disputes arising from managed health care.
Safe IP By Daniel Kegan Intellectual Property, February 1999 Filing a document. To an intellectual property attorney, "filing a document" generally means ensuring the document is accepted by the proper government office, often the United States Patent and Trademark Office, the U.S. Copyright Office, or a foreign government office.
Safe IP: Corporate name and trademark differ By Daniel Kegan Intellectual Property, May 1999 Don't be confused between corporate names and trademarks. Incorporation, partnership, and other business and nonprofit organization status is governed by state law.