Section Newsletters

Articles From 2000

Recent United States Supreme Court decisions By Mary Lee Leahy Human and Civil Rights, February 2000 I remember where I was--I was getting out of my car to go into the Illinois Supreme Court Library--when I heard on the radio that the court had decided Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996).
Recently enacted legislation could adversely effect partnerships that sell property in exchange for an installment obligation By Edward J. Hannon Federal Taxation, April 2000 On December 17, 1999, President Clinton signed the Ticket to Work and Work Incentive Improvement Act of 1999 (the "1999 Act") into law.
Recovery for reduced or unpaid medical costs By Robert T. Park Civil Practice and Procedure, October 2000 Courts in Illinois and elsewhere have long struggled to deal fairly with plaintiffs who benefit from free or low-cost medical services.
Refusal to play—the insurer must pay By David Spagat General Practice, Solo, and Small Firm, December 2000 What to do in the pursuit of your valid claim when treated unfairly by your own carrier?
Regulatory changes By Steven C. Perlis Elder Law, March 2000 It used to be that somebody going on Medicaid could buy an annuity, so long as it was a single payment, was irrevocable, and met the federal and state life expectancy table requirements.
Remand for presentation of new evidence Administrative Law, August 2000 Morelli, a Will County deputy sheriff, was terminated by the Sheriff's Office Merit Commission after he was charged with conduct unbecoming an officer and other offenses.
Report from the chair Corporate Law Departments, September 2000 The planning for the CLD's January, 2001 Corporate Compliance CLE has been completed and the advertising has started (http://www.isba.org/Sections/Corplaw/cld.html).
Report from the Task Force on the Unauthorized Practice of Law Trusts and Estates, November 2000 A subcommittee of the Task Force on the Unauthorized Practice of Law has been established to review information provided to the task force about possible situations involving the unauthorized practice of law regarding estate and trust work.
Requests for access to municipal right of way in Illinois by private interests: a license to use By Jeffrey D. Lester Local Government Law, October 2000 Over the years, most local governments have learned the general legal rule that a government may not lease its rights of way to private persons or organizations for purely private, exclusive uses.
Restrictive covenants for independent contractors By David E. Doyle Business and Securities Law, April 2000 In the recent case of Eichman v. National Hospital and Health Care Services, Inc., No. 97 CH 13460 (First District, October 18, 1999), the First District Appellate Court, affirming the trial court's decision, held that restrictive covenants contained in an independent contractor's agreement with a company were not enforceable.
Review of important new traffic laws of 91st General Assembly approved by Governor Ryan By James J. Ahern Traffic Laws and Courts, October 2000 Amends section 11-501 and section 6-303 of the Illinois Vehicle Code to re-enact provisions of Public Act 88-680 that were declared unconstitutional by the Illinois Supreme Court in People v. Cervantes, 189 Ill.2d 80, 723 N.E.2d 265, 243 Ill.Dec. 233 (1999) as violating the single subject provisions of the Illinois Constitution.
A review of recent discrimination cases in the Seventh Circuit: welcome to the real world, plaintiffs! By Jeffrey D. Lester Corporate Law Departments, December 2000 This article briefly looks at three recent civil rights cases affecting the corporate lawyer in her capacity as an employment lawyer.
A review of the 19th annual conference of the National Conference of State Tax Judges By Alexander P. White State and Local Taxation, January 2000 The 19th Annual State and Local Taxation Conference of the National Conference of State Tax Judges (NCSTJ) convened on September 23, 1999, at the Benson Hotel in Portland, Oregon.
Revised Illinois elder law practice handbook published Elder Law, October 2000 The 2000 edition of Advising Elderly Clients and Their Families has recently been published by the Illinois Institute for Continuing Legal Education (IILCLE).
The right to fitness hearings for defendants on psychotropic medication: evolving positions, “Brandon” to “Kinkead” to “Burgess” to “Mitchell” By Daniel M. Locallo Criminal Justice, May 2000 Since 1994, the fitness to stand trial of defendants receiving psychotropic drugs or other medications under medical direction has been addressed by both the judiciary and the legislature.
Robinson v. Malk By Thomas Homburger Real Estate Law, June 2000 In November, 1999, the Illinois Appellate Court sent a strong message to landlords, reminding them of public policy and court precedent dating back to the 1800s, and warning of dire consequences if a landlord takes matters into his own hands by depriving a tenant of leased premises through extra-legal means.
Rule 213 opinion witness case update By Daniel P. Wurl Civil Practice and Procedure, May 2000 The Illinois Supreme court recently passed on its first opportunity to provide some guidance as to the scope of Rule 213(g), which mandates the disclosure of the identity of opinion witnesses and their opinion testimony.
A sad note from our chairman regarding the death of Joan Edmonds Brophy Employee Benefits, November 2000 It is with great sadness that I report the passing of our dear colleague and friend, Joan Edmonds Brophy, on August 26, 2000.
A sales offer with product drawings did not establish on-sale validity for method patent By John M. Augustyn Intellectual Property, March 2000 Recently, the U.S. Court of Appeals for the Federal Circuit held that an offer to sell a device (which included drawings of the device but not drawings of the method) did not establish on-sale invalidity because the drawings did not reveal the claimed method.
Save Our Little Vermillion Environment, Inc., Plaintiff-Appellee, v. Illinois Cement Company, Defendant-Appellant Mineral Law, August 2000 Owner of an undivided three-fifths interest in mineral rights reserved by a land grantor filed a complaint for declaratory and injunctive relief against the grantee's successor, a cement company, seeking to prevent the company from mining limestone on the property.
Saving for a rainy day; The developer’s fiduciary duty to fund capital reserves By Jordan I. Shifrin & Laurence B. Hirsch Real Estate Law, June 2000 The idea of saving up for a rainy day is hardly a new concept. Ever since the days of receiving an allowance, we have been trained to stash a little something away just in case
SB1658 amends both the Illinois Insurance Code and the Illinois Workers’ Compensation Act By Patrick A. Tallon Workers’ Compensation Law, August 2000 SB 1658, which amends the Illinois Insurance Code, as well as both the Illinois Workers' Compensation Act and Occupational Diseases Act, was passed by both the Illinois House of Representatives and the Illinois Senate on April 13, 2000 at the end of the Spring Session. The bill will be effective January 1, 2001.
School vouchers Education Law, June 2000 In two separate lawsuits, individual taxpayers challenged the Education Expense Credit Act (P.A. 91-9).
SCOR amendments By James J. Moylan Business and Securities Law, April 2000 The North American Securities Administration Association, Inc. ("NASAA") recently issued revisions to the Small Company Offering Registration ("SCOR") Form U-7 and the related SCOR Issuer's Manual. (Adopted, September 28, 1999).
The SEC opens the door to electronic “road shows” By James J. Moylan Business and Securities Law, October 2000 The U.S. Securities and Exchange Commission ("SEC" or "Commission") staff recently issued a "no-action" letter, (i.e. the staff will not recommend the initiation of enforcement action to the Commission), to Charles Schwab & Co., Inc. ("Schwab") in connection with its plan to present a "road show" over the Internet prefatory to an initial public offering of securities.
Second Appellate District rule that unconstitutional roadblocks result from the unbridled discretion of police officers By Larry E. Smith Traffic Laws and Courts, March 2000 Even though the Fourth Amendment of the United States Constitution guarantees citizens the right to be free from unreasonable searches and seizures that result from objective and subjectively intrusive roadblocks, some police agencies continue to exercise unbridled discretion in the implementation of unconstitutional roadblocks under the guise of furthering public safety.
Secretary of State formal hearings now to be available in Jefferson County By Larry A. Davis Traffic Laws and Courts, October 2000 SB 1630 requiring the secretary of state to conduct formal hearings in Jefferson County has been signed by Governor Ryan effective January 1, 2001. (P.A. 91-823).
Section council activities By Donald R. Parkinson Criminal Justice, June 2000 This has been a very active and productive year for the Criminal Justice Section Council under the leadership of Robert A. Loeb.
Section council hears from George E. DeTella, Associate Director of the Department of Corrections By Donald R. Parkinson Criminal Justice, June 2000 On Saturday, April 15, 2000, George E. DeTella, Associate Director of the Department of Corrections, appeared before the Criminal Justice Section Council. Mr. DeTella outline a number of changes which have occurred at DOC within the last nine months.
Section council seeks international law recommendations By Michael J. Chmiel International and Immigration Law, December 2000 The International and Immigration Law Section Council of the Illinois State Bar Association is seeking recommendations from its section for the enactment or amendment of laws which affect the practice of international law in Illinois.