Recent decisionsTrusts and Estates, August 2000The Estate of Rebecca A. Wineman, T. C. Memo. 2000-1993, filed by the Tax Court on June 28, 2000, gives the taxpayer additional ammunition in making special use valuation elections under Code sec. 2032A.
Recent decisionsBy Meghan HubbardAdministrative Law, August 2000An agency's unpublished interpretive opinions do not require notice and comment; an agency's erroneous decision in four cases does not estop the agency from making a different decision in a substantially similar fifth case.
Recent decisions of interestBy John H. BrechinLocal Government Law, June 2000Three recent Seventh Circuit decisions have examined the issue whether the State of Illinois is immune from the provisions of the Americans with Disabilities Act (ADA).
Recent decisions of the Illinois Courts CommissionBench and Bar, January 2000Editor's Note: The Illinois Courts Commission, as reorganized under amended section 15 of article VI of the 1970 Illinois Constitution (amend. eff. Nov. 23, 1998), recently filed orders in two judicial discipline cases, disposing of the matters on the merits.
Recent decisions—punitive damagesBy Joseph G. Bisceglia & Rudy KratzCivil Practice and Procedure, March 2000The recovery of punitive (or exemplary) damages--indeed, the mere threat of punitive damages--can radically alter the landscape of a civil dispute.
Recent decision—an appeal or not an appeal: that is the questionBy Amy M. WatrobaAdministrative Law, October 2000The last issue of this newsletter included a discussion of AT & T Communications of the Southwest, Inc. v. Southwestern Bell Tel. Co., 86 F. Supp. 932 (W.D. Mo. 1999), where a Federal District court reviewed de novo a state administrative agency decision.
Recent developments in estate and gift taxFederal Taxation, August 2000In Letter Ruling 200013041, the Service ruled that the personal representative of a taxpayer who died shortly after his wife properly disclaimed his interest in her IRA.
Recent ESOP case law developmentsBy Helen H. MorrisonEmployee Benefits, February 2000This article is a compilation of the recent ERISA court decisions involving employee stock ownership plans (ESOPs).
Recent Illinois cases involving confidentiality and non-competition agreementsBy Gene A. PetersenBusiness Advice and Financial Planning, September 2000Several recent cases have been decided in the Illinois and federal courts involving the enforceability of non-competition, non-solicitation and confidentiality agreements under Illinois law.
Recent Illinois Supreme Court decisionBench and Bar, February 2000People v. Wooters, ____ Ill. 2d ____ (S. Ct. Doc. No. 83595 (Nov. 18, 1999)), is a decision rendering a judgment few will seriously dispute but because the line-up of the supreme court judges is bizarre (not unusual for this court; see, e.g., Tosado v. Miller, 188 Ill. 2d 186 (1999), the rationale is opaque.
Recent Illinois Supreme Court opinionBench and Bar, May 2000In People v. Cervantes, 189 Ill. 2d 80 (1999), the supreme court struck down, without dissent, Public Act 88-680, the "Safe Neighborhoods Law."
Recent judicial appointments and retirementsBench and Bar, October 20001. The supreme court, pursuant to its constitutional appointment authority, has made the following appointments:
Recent judicial appointments and retirementsBench and Bar, September 2000(1) The supreme court, pursuant to its constitutional appointment authority, has made the following appointments:
Recent judicial appointments and retirementsBench and Bar, July 2000(1) The Supreme Court, pursuant to its constitutional appointment authority, has made the following appointments:
Recent judicial appointments and retirementsBench and Bar, June 2000(1) The supreme court, pursuant to its constitutional appointment authority, has made the following appointments:
Recent judicial appointments and retirementsBench and Bar, May 2000(1) The supreme court, pursuant to its constitutional appointment authority, has made the following appointments:
Recent judicial appointments and retirementsBench and Bar, March 2000(1) The supreme court, pursuant to its constitutional appointment authority, has made the following appointments:
Recent judicial appointments and retirementsBench and Bar, January 2000(1) The Illinois Supreme Court announced on November 8, 1999, that Hon. Moses W. Harrison II is the chief justice of Illinois for a three-year term beginning January 1, 2000.
Recent judicial appontments and retirementsBench and Bar, August 2000(1) The supreme court, pursuant to its constitutional appointment authority, has made the following appointment:
Recent Law Review articleAdministrative Law, April 2000The federal government owns in excess of two trillion dollars in assets. The public lands constitutes the largest portion of such assets, with the federal government owning approximately fifty percent of the land in eleven Western states, including almost ninety percent of Nevada and Alaska.
Recent legislation effective June 1, 2000By John T. PhippsGeneral Practice, Solo, and Small Firm, May 2000The Automatic Contract Renewal Act becomes effective June 1, 2000. The Act defines "contract" and "parties" and provides, "If a contract is subject to automatic renewal, the clause providing for automatic renewal must appear in the contract in a clear and conspicuous manner.
Recent legislative events concerning public financeBy Kurt P. FroehlichLocal Government Law, November 2000Two somewhat recent amendments in the area of public and municipal finance provide a trap for the unwary (in the case of P.A. 91-595, effective 8/14/99, amending the Bond Issue Notification Act, 30 ILCS 352/1 et seq., "BINA") and opportunities and clarifications as well as traps for the unwary (in the case of P.A. 91-493, effective 8/13/99, and P.A. 91-868, effective 6/22/2000, amending the Local Government Debt Reform Act, 30 ILCS 350/1 et seq., the "Reform Act").
Recent section council activitiesAdministrative Law, October 2000Administrative rules recodification legislation passed but has been put on hold. The section council approved a motion to establish a committee to effectuate Web publication by 2002 or sooner after problems are solved.
Recent section council meetingsAdministrative Law, February 2000The Chair, Claire Manning, presented an award to outgoing Chair Lance Jones. She and guest Robert John Kane reported on developments regarding administrative rules legislation considered at the spring session of the General Assembly.
Recent supreme and appellate court opinions in briefBench and Bar, November 2000The supreme court has overruled prior cases regarding the impact of a criminal conviction on a subsequent civil lawsuit resulting from the same incident.
Recent traffic casesBy James J. AhernTraffic Laws and Courts, October 2000A due process violation occurs where the state destroys evidence after the defense files a timely discovery motion seeking its preservation, even if the defense attorney cannot show that the evidence had exculpatory value.