Section Newsletters

Articles From 2000

Subject index to substantive articles in Volumes 36 and 37 of The Corporate Lawyer Corporate Law Departments, July 2000 Benefits Meeting the challenge of cash balance pension transactions By Eric Lofgren and Kyle Brown, Vol. 37, No. 3 (Dec. 1999) Supreme Court rules in COBRA case involving dual coverage By Kathleen S. Rosenow, Vol. 36, No. 1 (Oct. 1998) Civil procedure and evidence Seventh Circuit holds that an employee can be liable for a corporation's discovery abuse By Michael Todd Scott, Vol. 37, No. 3 (Dec. 1999)
Substitution of judges as a matter of right under 735 ILCS 5/2-1001(a)2): when is the right absolute? By Richard L. Turner Civil Practice and Procedure, September 2000 When considering action to substitute a judge in a civil proceeding, lawyers must frequently consider the timing of motions to secure substitution as a matter of right.
Summary judgment entered for employer in an ADEA action if the employer honestly believes its nondiscriminatory reasons, no matter how trivial, for firing an employee By Angela Imbierowicz General Practice, Solo, and Small Firm, March 2000 The Age Discrimination in Employment Act of 1967 ("ADEA") protects workers who are at least forty years of age by prohibiting employers from engaging in discrimination because of the employee's age.
Summary of Business Advice and Financial Planning Section Council minutes Business Advice and Financial Planning, September 2000   Friday, June 23, 2000 The Abbey Resort on Lake Geneva Fontana, WI Present: G. Petersen, Chair
Summary of death penalty decisions published in the official reports issued by the Illinois Supreme Court By Daniel M. Locallo Criminal Justice, March 2000 The author wishes to express that this summary concerns the procedural and substantive caselaw established by the Supreme Court of Illinois.
Summary of recent cases accepted by Illinois Supreme Court By Donald R. Parkinson Criminal Justice, June 2000 On February 2, 2000, the Illinois Supreme Court issued orders in 294 cases. The court remanded a number of the cases pursuant to its supervisory authority and the case of People v. Cervantes (189 Ill. 2d 80, 1999, single subject legislative rule)
Summary of traffic related decision published in the official reports for the year 1999 By Daniel M. Locallo Criminal Justice, April 2000 Defendant was convicted of DUI by a jury. On the day of her trial, defendant requested a continuance to seek private counsel because she and her appointed attorney did not agree on certain matters.
Supervision immunity is no longer absolute By Darcy L. Proctor Tort Law, September 2000 For many years, governments have enjoyed absolute immunity for the failure to supervise an activity on public property.
Supreme Court alert By Elaine Massock Labor and Employment Law, September 2000 State and local employers can force employees to use accumulated compensatory time, according to the U.S. Supreme Court.
Supreme court finds prosecutorial misconduct Bench and Bar, March 2000 Doffyn who was fatally wounded and Bubals who was wounded but survived. Defendant was found guilty by a Cook County jury of first degree murder, attempted first degree murder and other felonies.
Supreme Court hands victory to railroad industry in crossing case By Timothy J. Cavanagh Tort Law, November 2000 Earlier this year the United States Supreme Court handed down its much anticipated decision in the case of Norfolk Southern Railway Company v. Shanklin, No. 99-312 (2000 U.S. Lexis 2519; April 17, 2000).
Supreme Court holds age discrimination law not applicable to states Elder Law, March 2000 In Kimel et al. v. Florida Board of Regents, et al. (No. 98-791), the U. S. Supreme Court held that the federal Age Discrimination in Employment Act (ADEA) could not be used to bring an action against states as employers.
Supreme Court of California rules that corporation can recover fees for in-house counsel By Michael Todd Scott Corporate Law Departments, June 2000   On May 8, 2000 the Supreme Court of California held that a corporation that is represented by in-house counsel may recover attorney fees under Civil Code § 1717. The case is PLCM v. Drexler, and can be found on the Web at: http://caselaw.findlaw.com/data2/californiastatecases/S080201.PDF.
Supreme court provides some guidance for advising clients on holding title as tenants by the entirety By Robert H. Rappe, Jr. & Steven C. Lindberg Commercial Banking, Collections, and Bankruptcy, July 2000 On February 17, 2000, the Supreme Court of Illinois issued its opinion in the case of Premier Property Management, Inc. v. Jose Chavez.
Supreme court provides some guidance for advising clients on holding title as tenants by the entirety By Robert H. Rappe, Jr. & Steven C. Lindberg Real Estate Law, June 2000 On February 17, 2000, the Supreme Court of Illinois issued its opinion in the case of Premier Property Management, Inc. v. Jose Chavez
Supreme Court Rule 216: admission of facts By Angela Imbierowicz Civil Practice and Procedure, August 2000 Supreme Court Rule 216 is a powerful discovery tool.
Supreme court upholds agricultural land use exemption By Barbara Stille Agricultural Law, March 2000 On December 2, 1999, the Illinois Supreme Court issued a long-awaited opinion on the issue of whether county zoning laws apply land used for agricultural purposes.
Survey of members of the Elder Law Section Illinois State Bar Association January, 2000 Elder Law, March 2000 This is a survey of the members of the 1999-2000 Elder Law Section to be taken in the months of March and April, 2000.
Survey on QILDRO By Steven N. Peskind Family Law, October 2000 On July 1, 1999, after ten years of work by the Illinois State Bar Association Family Law Section Council, HB1612 became law creating a vehicle to assign retirement benefits from State of Illinois pension plans.
Take notice: real estate sellers’ liability under Illinois law for failure to disclose a matter of public record By Jason M. Rosenthal Real Estate Law, May 2000 Local ordinances and other laws significantly impact the development and marketability, and therefore value, of real property.
“Taking the Fifth” at an administrative hearing By Rosalyn B. Kaplan Environmental Law, May 2000 During contested cases before administrative tribunals, it sometimes happens that a witness refuses to testify on the ground that his answer might tend to incriminate him.
“Taking the Fifth” at an administrative hearing By Rosalyn B. Kaplan Administrative Law, April 2000 During contested cases before administrative tribunals, it sometimes happens that a witness refuses to testify on the ground that his answer might tend to incriminate him.
Tax bill hits seller financing By A. Jay Goldstein & Loren R. Stone Business and Securities Law, April 2000 Under a provision in the "Ticket to Work Incentives Improvement Act of 1999" (H.R. 1180), signed into law recently by President Clinton, accrual basis taxpayers using an installment method for asset sales will no longer be able to defer taxes on gains until payments are actually received.
Taxing family matters By Malcolm L. Morris Business Advice and Financial Planning, June 2000 Representing businesses provides opportunities to encounter many different areas of law--none perhaps as challenging as tax matters.
Taxpayers’ Bill of Rights By Kurt P. Froehlich Local Government Law, December 2000 The Local Government Taxpayers' Bill of Rights Act (P.A. 91-920, the "Act"), effective January 1, 2001, is intended to provide for consistent tax processes in the imposition and collection of certain "locally imposed and administered taxes" (expressly excluding real property taxes under the Property Tax Code or fees, other than infrastructure maintenance fees).
Teacher dismissal Education Law, June 2000 In a recent decision, a tenured teacher was dismissed for allegations involving sexual harassment without a prior notice to remedy having been issued by the board of education.
The ten biggest mistakes lawyers make in mediation Alternative Dispute Resolution, March 2000 In the majority of cases, both parties are better off trying to settle out of court via mediation or another like process than proceeding with relatively risky adjudication before a judge or jury.
Ten tips for e-businesses By Diana J.P. McKenzie Corporate Law Departments, February 2000 As Internet startups have demonstrated to brick-and-mortar businesses, there is money to be made in e-commerce.
Thoughts on the MDP By John Locallo & Thomas M. Battista State and Local Taxation, May 2000 Multidisciplinary Practice ("MDP") is the most important issue affecting our profession. Indeed it may be the most significant issue facing the legal profession in decades.
Three developments in Illinois’ criminal justice system By Patrick J. Hughes, Jr. Human and Civil Rights, February 2000 Although confident that most of you already are informed about them, as one who has long worked in the Illinois Criminal Justice System (on the defense side), I thought some recapitulation of significant events effecting that system would be useful.