Section Newsletters

Articles From 2000

Selected issues in oil and gas bankruptcy cases By David W. Elmquist Commercial Banking, Collections, and Bankruptcy, August 2000 Following the downturn in the oil and gas industry and the bankruptcy cases filed in the late 1980's, there have been only a few bankruptcy decisions and statutory amendments to the Bankruptcy Code which have addressed oil and gas issues
Seventh Circuit addresses diversity jurisdiction when defendant is a member corporation By Michael Todd Scott Corporate Law Departments, December 2000 In CCC Info. Services, Inc. v. American Salvage Pool Association (ASPA), Nos. 99-3393 & 99-3565 (7th Cir. Sept. 22, 2000) the court addressed the issue of diversity jurisdiction over member corporations.
Seventh Circuit applies Illinois Survival Statute to bar shareholders’ claims By Donna J. Rolf Business and Securities Law, June 2000 A recent Seventh Circuit case involves the Illinois Survival Statute and the issues a court will examine when analyzing claims brought more than five years after the dissolution of a corporation.
Seventh circuit decision also provides union election law primer By Michael R. Lied Labor and Employment Law, December 2000 In National Labor Relations Board v. Aluminum Casting and Engineering Company, Inc., ____ F.3d _____ (7th Cir. 2000), the union won a representation election which was ultimately set aside, leading to the ordering of a new election.
Seventh Circuit decision trumps Federal Rule of Civil Procedure Tort Law, June 2000 Under Federal Rule of Civil Procedure 30(e), a deponent has a right to make changes to his deposition testimony in form or substance.
Seventh Circuit on severance pay By Michael R. Lied Labor and Employment Law, June 2000 In Sandstrom v. Cultor Food Science, Inc., ______ F.3d _____ (7th Cir. May, 25, 2000), 2000 U.S. App. LEXIS 11570, the court dealt with an employee's argument that, since another employee had received severance pay, he should, too.
Seventh Circuit provides “safe harbor” language for benefit plans By Michael R. Lied Labor and Employment Law, April 2000 In late February, the United States Court of Appeals for the Seventh Circuit issued an important decision relating to employee benefit plans.
Sexual harassment—student-to-student Education Law, June 2000 The U.S. Supreme Court has ruled that a school district can be found liable for monetary damages under Title IX for its failure to respond adequately to a student's complaints of severe and offensive sexual harassment by a fellow student.
She’s snorting for two: potential sanctions against pregnant women who use drugs in Illinois By Jon M. Theisen Child Law, February 2000 Cocaine use constricts umbilical arteries and closes off or decreases an unborn child's access to oxygen.
Single subject rule challenges By Steve Baker Criminal Justice, April 2000 Bills, except bills for appropriations and for the codification, revision or rearrangement of laws, shall be confined to one subject. Ill. Const. 1970, Art. IV, sec. 8(d).
Single subject rule challenges a compendium By Steve Baker Criminal Justice, September 2000 In recent years we have heard of repeated challenges to the use of "Christmas tree bills" by the Legislature.
Some laws of 100 years ago mirror today’s laws By Richard G. Flood Local Government Law, October 2000 At the onset of the new millennium it is interesting to reflect on the changes in local government law during the last millennium.
Someone you should know: profiles in government Government Lawyers, November 2000 Following a suggestion in a response to our survey last issue, we have profiled the attorneys who make up the Standing Committee on Government Lawyers.
Someone you should know: profiles in government Government Lawyers, April 2000 The Honorable David A. Erickson's official job title is the First Assistant State's Attorney of Cook County.
Southern Ute: trial court-to-Supreme Court By Elizabeth A. McClanahan Mineral Law, June 2000 One of the most interesting coalbed methane cases in the United States involved the historical relationship between the United States government and native Americans.
Special education Education Law, June 2000 The Supreme Court held that one-on-one continuous nursing is a "related service" under the Individuals with Disabilities Education Act, making public schools responsible to provide such care to students who need it during school hours.
Special interrogatory—the silver bullet By Robert H. Hanaford Civil Practice and Procedure, March 2000 Anyone who has had a verdict torpedoed by a special interrogatory can attest to the dangerousness, or effectiveness, of this trial tool
Standard of review: employee vs. independent contractor Administrative Law, October 2000 Illinois appellate courts are far from being in unanimous agreement as to the standard of review to apply to administrative decisions involving mixed questions of fact and law.
State appropriations to court system for fiscal year 2001 Bench and Bar, July 2000 In "An Act making appropriations and reappropriations" (P.A. 91-706) for state fiscal year July 1, 2000, to July 1, 2001, the General Assembly made the following appropriations to the Illinois Supreme Court for the operation of the Illinois court system:
State Gift Ban Act—Governor’s Ethics Commission Administrative Law, March 2000 The State Gift Ban Act became effective January 1, 1999. This new Act prohibits Illinois governmental employees, elected officials and specific family members from receiving gifts from prohibited sources with some exceptions. Pursuant to the Act, the Governor's Ethics Commission has published the following informational material.
State Tax Notes Submission Department Practitioners’ Meeting addresses host of sales and income tax issues By Garland Allen & Louise Calvert State and Local Taxation, April 2000 The Illinois Department of Revenue Practitioners' Meeting, held Friday, November 5, in Chicago, disclosed a number of Department positions and concerns, as well as practitioner issues.
The State’s motion for nolle prosequiequi is not absolute and may be denied upon a showing of lack of diligence By Rachel J. Hess Traffic Laws and Courts, April 2000 This article addresses the propriety of the State's use of the 'nolle prosequi' on the day of trial or hearing and after a motion to continue is denied.
State’s right to compel testimony in petitions to revoke By Renee Robinson Sales Traffic Laws and Courts, May 2000 In a hearing on a petition to revoke supervision, conditional discharge or probation, does the state have the right to compel a defendant to testify? In People v. Bell, 296 Ill. App.3d 146, 694 N.E.2d 673, 230 Ill.Dec. 704, the court said yes.
Statistical proof partial use in a real estate tax exemption case By Alexander P. White State and Local Taxation, January 2000 On July 1, 1999, in the case of The Streeterville Corporation v. The Department of Revenue of The State of Illinois 1999 Ill.
Statute of limitations and international child support collection By Angela Peters Family Law, June 2000 Mom and Dad, who are Israeli citizens, get divorced. Sixteen years later, Mom, who still lives in Israel, tries to collect on her child support judgment, from Dad, who has been and still is a United States citizen.
Statutory developments By Robert John Kane Administrative Law, March 2000 The Illinois Administrative Procedure Act (IAPA) (5 ILCS 100/1-1 et seq.) has been amended by two public acts.
Statutory summary suspension issues By Michael W. Feetterer Traffic Laws and Courts, May 2000 A statutory summary suspension proceeding is a unique animal in that it meshes civil procedures with criminal and constitutional law.
The Stip Sheet Workers’ Compensation Law, April 2000 This month, the issue we will address from the Request for Hearing, or "Stip Sheet," is average weekly wage.
Stops along the information superhighway Elder Law, October 2000 This newsletter focuses on information useful to the lawyer in the practice of elder law, but a review of some Web sites for clients may be helpful.
Student discipline Education Law, June 2000 A federal district court granted Decatur school district's motion to dismiss the complaint of several students expelled from school for violation of school rules.