Section Newsletters

Articles From 2000

Highlights of Annual Meeting of Mineral Law Section Council of the Illinois State Bar Association Mineral Law, August 2000 On June 17, 2000, the ISBA Mineral Law Section Council met at French Lick, Indiana.
HMO liability and the fiduciary duty of physicians By Daniel P. Wurl Tort Law, May 2000 There has been a flurry of recent decisions by the appellate courts involving important issues relating to health maintenance organizations (HMOs) and the physicians who treat patients in HMOs in which the physicians have an ownership interest.
Horse show participant fails to prove willful and wanton conduct by horse show sponsor By Teresa Vamos Agricultural Law, November 2000 On November 23, 1999, the Illinois Appellate Court, Fourth District, in Lessman v. Rhodes, No. 4-99-0262 (4th District, November 23, 1999), issued the second reported court decision in Illinois interpreting the Illinois Equine Activity Liability Act (745 ILCS 47/1, et. seq.).
Hot topics Workers’ Compensation Law, May 2000 For years, both the respondent and petitioner have been united in their fight against the high cost of obtaining medical records.
Hot topics­recent decisions By Christine M. Ory Workers’ Compensation Law, April 2000 Two recent appellate court decisions have placed the onus on the parties filing reviews or appeals to follow due diligence to ensure the circuit court clerk's office and the Industrial Commission's employees do their jobs in a proper and timely manner.
How do you define relief? By Robin L. Perry Local Government Law, February 2000 A recent decision from the Second District Appellate Court addressed the application of section 10/9-107 of the Local Governmental Tort Immunity Act ("Act") to the levy of taxes to pay judgments and settlements under the Act.
How “evergreen” are your contracts? By Lee Ann Conti Corporate Law Departments, November 2000 Do you sometimes use automatic renewal clauses in contracts so they will be renewable until cancelled (i.e., "evergreen"), without a lot of follow up or bother? If so, you should know about 815 ILCS 601/1 et seq. (2000), the Automatic Contract Renewal Act, recently added to Chapter 815, which deals with various types of business transactions.
How much is that property worth? By John H. Brechin Local Government Law, August 2000 Department of Transportation v. Bolas, decided May 23, 2000, involved an eminent domain action by IDOT to acquire approximately one acre of a 58-acre farm for a roadway improvement.
Icalendar, the new interchange format for scheduling vcard, format for contacts By Adrienne W. Albrecht Legal Technology, Standing Committee on, May 2000 Have you upgraded your calendar or docketing program lately? If you are one of the savvy small business owners who have frustrated the software industry by deciding to upgrade only when there is a good reason to do so, you should look into upgrading now.
Identifying and reporting health care fraud: part II By Lee Beneze Elder Law, June 2000 As noted in the first part of this article (See Elder Law, Vol. 5, no. 3, May 2000), the cost of health care fraud and abuse in this country--out of a trillion dollar expenditure for health care--may be as much as a quarter of a billion (not million!) dollars every day.
Illinois annual Elder Rights Conference planned By Lee Beneze Elder Law, May 2000 The 14th Annual Elder Rights Conference, organized by the Illinois Department on Aging, will be held in Chicago on August 2 and 3, 2000, at the Holiday Inn City Center.
Illinois Appellate Court adopts the Adverse Domination Doctrine By Michael Todd Scott Corporate Law Departments, May 2000 In Lease Resolution Corp. v. Larney, No 1-98-2569 (9/23/99), plaintiffs, the successor general partner of a limited partnership and the limited partnership, appeal from the dismissal of their complaint. 
Illinois Appellate Court holds that Consumer Fraud Statute does not apply to non-Illinois consumers By Michael Todd Scott Corporate Law Departments, May 2000 In Oliveira v. Amoco Oil Co., No 4-98-0199 (4th Dist, 2/9/00), the plaintiff filed a complaint against Amoco seeking certification of a nationwide class of all purchasers of Amoco premium gasoline.
Illinois’ blend of injustice: extended juvenile prosecutions By Austin W. Bartlett Child Law, December 2000 The Illinois EJJP provision shifts discretion from judges to prosecutors.
Illinois Court OOIDA’s challenge to Illinois Motor Fuel Use Tax Act By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, February 2000 On December 2, 1999, the Circuit Court of Cook County, Illinois rejected a constitutional attack on the Illinois Motor Fuel Use Tax Act, 35 ILCS 505/13a, in Owner-Operator Independent Drivers Association ("OOIDA") v. Bower, 99 CH-02632, on a number of grounds.
Illinois Creditors’ Bar Association seeks young lawyer members Young Lawyers Division, August 2000 Young Lawyers can often benefit from joining special interest bar associations. Interacting with experienced peers practicing in the same field can provide young lawyers with excellent opportunities for specialized education, networking, and career development.
Illinois Educational Labor Relations Board case summary January 1, 1999 through December 31, 1999 Education Law, March 2000 The underlying complaint alleged that Public Act 89-15 (section 4.5 of the IELRA) violated the plaintiffs' rights under the equal protection clause of the 14th Amendment because it was a thinly disguised mechanism for racial discrimination and discrimination based on political activity or affiliation, and that it deprived them of their property interest in continued employment without due process.
Illinois expands admissibility for expert testimony on causation By Dixie Lee Peterson Corporate Law Departments, October 2000 Four families sued Central Illinois Public Service Corporation in Illinois state court for nuisance and negligence. After an extended trial, the jury awarded the families a total of $3.2 million to compensate them for their small children developing a cancerous condition known as neuroblastoma.
Illinois’ Grandparent Visitation Statute passes The Troxel test By Adrienne W. Albrecht Family Law, October 2000 Grandparent visitation in Illinois is viable even after the United States Supreme Court handed down its opinion in Troxel v. Granville for several reasons.
Illinois Guardianship Association By Frederick D. Floreth Elder Law, October 2000 On July 17, the Illinois Guardianship Association celebrated its second anniversary.
The Illinois Guardianship Reform Project: an overview By Morris Fred Elder Law, October 2000 The Guardianship Reform Project, initiated by Equip for Equality with the support of The Chicago Community Trust, Polk Bros.
Illinois Judicial Inquiry Board Bench and Bar, July 2000 The Illinois Judicial Inquiry Board has published in its Fiscal Year 1999 Report (July 1, 1998, to July 1, 1999) some rather interesting information about the work of the board during FY '99.
Illinois Mediator Certification Act makes the rounds By Don C. Hammer Family Law, October 2000 The Illinois Mediator Certification Act is currently being circulated by the Alternative Dispute Resolution Section Council.
Illinois Rivers 2020: A vital investment in Illinois’ future By Corinne Wood Environmental Law, June 2000 Recently, I have been traveling across Illinois to build public support for a bold initiative, which will address the economic and environmental issues concerning the Illinois River and its tributaries.
Illinois State Bar Association Agricultural Law Section Council meeting minutes Agricultural Law, November 2000 Attended by: Paul Meints, Chairman; Barb Stille, Vice-Chair; Paul J. Evans, Secretary; Mike Drone, David Hoff, Mike Massie, Jeff Mollet, Darrell Parish, Ronald Periard, John Rehn, Ken Eathington, Ray Watson
Illinois State Bar Association Employee Benefits Section Council Employee Benefits, December 2000 The Employee Benefits Section Council of the Illinois State Bar Association (the "section council") is comprised of attorneys whose legal practice is concerned with all aspects of employee benefits and compensation arrangements.
Illinois State Bar Association minutes of the Labor and Employment Law Section Council meetings Labor and Employment Law, April 2000 The meeting was called to order at 1:30 p.m. by Mr. Don Rothschild. The following members were present:
Illinois Supreme Court abolishes “same part body rule” By Patrick J. Hitpas General Practice, Solo, and Small Firm, November 2000 For many years, the Illinois Appellate Court has recognized the "same part of the body rule." Generally, a defendant in a personal injury case may cross-examine a plaintiff regarding any previous injuries if they are relevant and similar to those at issue.
Illinois Supreme Court holds that one-year Tort Immunity Act limitations period applies to medical malpractice actions against local public entities and their employees By John P/ Scanlon Tort Law, March 2000 This past October, the Illinois Supreme Court resolved an ongoing conflict between the First District Illinois Appellate Court and several other courts of review. Tosado v. Miller, 1999 WL 961389.
The Illinois Supreme Court rejects a private right of action under Illinois’ Lead Poisoning Prevention Act By Charles J. Northrup Environmental Law, May 2000 On July 1, 1999, the Illinois Supreme Court issued its opinion in Abbasi v. Paraskevoulakos