Section Newsletters

Articles From 2000

“An all points bulletin”—for ISBA members and others By Scott A. Berndtson Law Office Management and Economics, Standing Committee on, October 2000 The legal profession has a duty to protect the consumers of legal services in Illinois.
All the latest developments in health care law By W. Eugene Basanta Health Care Law, December 2000 A decision from the Seventh Circuit Court of Appeals concludes that provisions of the Illinois Health Maintenance Organization Act, 215 ILCS 125/4-10 which require health maintenance organizations (HMOs) to provide a mechanism for review by an independent physician when the patient's primary care physician and the HMO disagree about the medical necessity of a particular treatment and further require the HMO to cover the treatment if deemed by the reviewing physician to be necessary, are mandated contract terms and part of the insurance plan, thereby avoiding preemption under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et. seq.
All the latest developments in health care law By W. Eugene Basanta & Michele Miller Health Care Law, September 2000 Justice David Souter, writing for a unanimous Supreme Court, ruled in June that the Seventh Circuit Court of Appeals was wrong when it held that a health maintenance organization (HMO) was acting as a fiduciary when one of its physicians made an adverse treatment decision regarding a patient.
All the latest developments in health care law By W. Eugene Basanta Health Care Law, April 2000 On February 29, in a five to four decision, the United States Supreme Court ruled that an Illinois nursing home trade association could not bypass administration review of regulations it objected to and seek immediate judicial review before any enforcement action.
All the rage, and a significant concern By David Loundy Intellectual Property, June 2000 Use of Application Service Providers (ASPs) is a hot topic in computer technology circles, but there are significant concerns that often get overlooked. ASPs are service providers that allow you to remotely access computer software, rather than having to purchase it yourself.
Alphabetical listing of cases Insurance Law, November 2000 American Family Mutual Insurance Company v. Martin, 312 Ill.App.3d 829, 728 N.E.2d 115, 245 Ill. Dec. 384 (2nd dist. 2000) Underinsured motorist coverage: stacking(2016)
Alphabetical listing of cases Insurance Law, August 2000 Allstate Insurance Company v. Davenport, 309 Ill.App.3d 261, 723 N.E.2d 768, 242 Ill. Dec. 791 (1st dist. 2nd div. 1999) LIFE AND DISABILITY INSURANCE: TOTAL DISABILITY (1182)
Alternative dispute resolution grants Alternative Dispute Resolution, June 2000 Designed to offset a fellow's living expenses while he or she completes the final year of dissertation in anticipation of a doctoral degree.
Amendments to the bankruptcy rules to become effective December 1, 2000 unless Congress acts By Wesley H. Avery Commercial Banking, Collections, and Bankruptcy, November 2000 On April 17 the U.S. Supreme Court issued proposed amendments to the Federal Rules of Bankruptcy Procedure and ordered that they be transmitted to Congress.
American Bar Association sanctions use of e-mail for communicating with clients By David N. Schaffer Family Law, March 2000 The American Bar Association's Standing Committee on Ethics recently issued an opinion (Formal Opinion No. 99-413) regarding the use of unencrypted e-mail, as it relates to compliance with Model Rules of Professional Conduct.
Americans with Disabilities Act Education Law, June 2000 During 1998-1999 term, the United States Supreme Court resolved three pending issues with regard to the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. ("ADA"): (1) the impact of an employee's receipt of disability benefits upon an ADA claim;
Anatomy of a conflict By Michael R. Berz Local Government Law, November 2000 Local government attorneys must be cautious before representing clients against their former municipal clients.
An annual survey of administrative law of 1999 By Terry Shafer Administrative Law, March 2000 "Administrative law" concerns the policy making, rate making, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies, units of local government, and other public bodies.
The Anti-cybersquatting Consumer Protection Act: an end to an old problem or the beginning of a new one? By Dutro E. Campbell Business and Securities Law, October 2000 Over the last few years, the Internet has drastically changed the way business is conducted in the U.S.
Antitrust issues in e-commerce By Steven M. Kowal September 2000 The e-commerce component of the nation's economy continues to grow at an astounding rate.
Antitrust law moves to the east By Russell W. Damtoft September 2000 Antitrust continues to spread its tentacles across the globe.
Apparent authority­confusion abounds By Charles W. Murdock Business and Securities Law, October 2000 Apparent authority is a doctrine which has generated much confusion in the litigated cases. See Murdock, 7 Illinois Practice--Business Organizations §§2.7­2.9.
Appellate court revisits attorney retaining liens By Michael A. Hall General Practice, Solo, and Small Firm, March 2000 It is a fact of life that we sometimes get fired and we sometimes fire our clients. Unfortunately, the reality of client disengagement is often beset with fee disputes.
Appellate court upholds $2.3 million jury verdict In owner operator class action suit By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, September 2000 The Illinois Appellate Court has upheld a jury verdict for $2.3 million dollars in an owner operator class action lawsuit that was brought against a motor carrier.
Applicability of Fourth Amendment to administrative hearing evidence By Paul E. Freehling Environmental Law, May 2000 On October 28, 1999, Judge Robert Boharik of the Circuit Court of Cook County issued a written memorandum order in Isa Bros., Inc. v. City of Chicago, No. 98 CH 17389.
Applicability of Fourth Amendment to administrative hearing evidence Administrative Law, April 2000 On October 28, 1999, Judge Robert Boharik of the Circuit Court of Cook County issued a written memorandum order in Isa Bros., Inc. v. City of Chicago, No. 98 CH 17389.
Application of §414 of the Restatement (Second) of Torts in construction negligence cases By Larry A. Appelbaum Tort Law, November 2000 After the repeal of the Illinois Structural Work Act, claims for construction accidents must be based on common law negligence principles.
Arbitration of securities Industry employment disputes in flux By James J. Moylan Business and Securities Law, June 2000 In Gilmer v. Interstate Johnson Lane, 500 U.S. 20, (1991), the United States Supreme Court held that the securities broker-dealer's 62 year old manager's claim for age discrimination under Title VII's Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 et seq.] ("ADEA") must be arbitrated
Are names and addresses of patient-witnesses discoverable? First District says yes By Monica E. McFadden Tort Law, June 2000 The discoverability of the names and addresses of patient-witnesses is frequently an issue, particularly in medical negligence and iatrogenic injury cases.
Athletic participation Education Law, June 2000 A learning disabled student challenged Indiana High School Athletic Association's ("IHSA") rule that limits a student's athletic eligibility to the first eight semesters following the student's commencement of the ninth grade.
Attorney approval provisions—the good faith requirement By Richard W. Kuhn Real Estate Law, October 2000 The current trend of Illinois case law gives an attorney broad discretion under most standard form attorney-approval clauses, subject only to the notion of "good faith."
Attorney general issues opinions affecting units of local government By Lynn Patton Local Government Law, September 2000 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1998)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Attorney general issues opinions affecting units of local government By Lynn Patton Local Government Law, May 2000 Under section four of the Attorney General Act (15 ILCS 205/4 (West 1998)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Attorney General issues opinions on the State Gift Ban Act By Lynn Patton Government Lawyers, April 2000 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1998)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Attorneys general issue opinions addressing ethical concerns By Lynn Patton Government Lawyers, November 2000 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1998)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties