15 business card sins lawyers commitBy Trey RyderYoung Lawyers Division, August 2002When a client hands your card to a prospect, in one second your prospect draws conclusions based on what he sees.
19(b)1 is no place for rehabBy Richard D. HanniganWorkers’ Compensation Law, April 2002On February 1, 2002 the appellate court filed it's decision on Mobil Oil Corp. vs. Industrial Commission (David Haberkorn). At the time of this publication the decision is not final and subject to change.
2001 (and early 2002) Real estate case law updateBy Steven B. BashawReal Estate Law, May 2002In Hidden Grove Condominium Association v. Katherine Crooks, 318 Ill.App.3d 945, 744 N.E.2d 305, 253 Ill.Dec. 23, a condominium homeowner alleged that the late charges her association levied upon her for failure to pay her January assessment until October were unreasonable and constituted an unenforceable penalty.
2001 key municipal issuesLocal Government Law, February 2002The Illinois Municipal League has prepared a summary of the pertinent bills in categorical order that impact units of local government.
2002 Illinois Environmental ConferenceYoung Lawyers Division, August 2002Whether your practice requires knowledge of environmental regulations, or you just want to learn more about the ecological system in which we live, the 2002 Illinois Environmental Conference has what you're looking for.
2002 legislation—summaryBy Louise CalvertState and Local Taxation, October 2002New laws of interest to state and local taxation practitioners.
2002 real estate legislation of interestBy Marylou Lowder KentReal Estate Law, December 2002Governor George Ryan has completed action on all legislation passed by the Illinois General Assembly last spring.
6th Circuit allows DOT to require organized motor carrier recordsBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, May 2002The United States Court of Appeals backed the Federal Motor Carrier Safety Administration's ("FMCSA") insistence that motor carriers produce organized records to its auditors in A.D. Transport Express v. United States, 202 WL 104797 (6th Cir. 2002).
7th Circuit affirms withdrawal liability judgment against sole proprietor owner of withdrawing motor carrierBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, June 2002The U.S. Court of Appeals for the Seventh Circuit has affirmed a judgment entered against a sole proprietorship found to have been a commonly controlled trade or business with a motor carrier employer assessed with ERISA withdrawal liability in Central States, Southeast & Southwest Areas Pension Fund v. Neiman, Case Nos. 01-1964 and 01-2379 (7th Cir., April 2, 2002).
7th circuit finds federal law bars pension fund trustee from collecting owner operator ERISA contributionsBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, May 2002The U.S. Court of Appeals for the Seventh Circuit recently decided an important case concerning motor carrier obligations to contribute to union trust funds for their independent contractor owner operators in Mazzei v. Rock-N-Around Trucking, Inc., 246 F.3d 956 (7th Cir., 4/6/2001).
ABA House Of Delegates approves new Rule 5.5By Michael Todd ScottCorporate Law Departments, November 2002At its Annual Meeting in August, the ABA House of Delegates approved Report 201B of the ABA's Commission on Multijurisdictional Practice.
ABA Section of Dispute ResolutionAlternative Dispute Resolution, June 2002The ABA Section of Dispute Resolution has noted the wide range of views expressed by scholars, mediators, and regulators concerning the question of whether mediation constitutes the practice of law.
Abandoned Newborn Infant Protection ActBy Karen RyanChild Law, February 2002On August 17, 2001 Governor Ryan signed House Bill 632 and Senate Bill 216, enacting The Abandoned Newborn Infant Protection Act.
Adjudicating the government use of racial slurs—the “Redskins” debateBy Matthew W. BeaudetHuman and Civil Rights, January 2002The "Redskins" debate being waged both Nationally and here in the State of Illinois has been mistakenly viewed as part and parcel of the general debate involving the use of Native American-based names, symbols and mascots.
Adjustment of status portability under the American Competitiveness in the Twenty-First Century ActBy Gary ChodorowInternational and Immigration Law, October 2002Under the Immigration and Nationality Act, an employer may file with the Immigration and Naturalization Service (INS) a Form I-140, Immigrant Petition for Alien Worker, requesting that a foreign national be classified in one of the specified employment-based preference categories.
Administrative simplification under HIPAA: National standards for transactions, security and privacyHealth Care Law, November 2002As all health care attorneys know well, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) among other things mandated the creation of an array of standards addressing various aspects of health care transactions, including security and privacy standards.
ADR happeningsAlternative Dispute Resolution, February 2002The Association for Conflict Resolution (ACR) was created when the Academy of Family Mediators (AFM), the Conflict Resolution Network (CREnet) and the Society for Professionals in Dispute Resolution (SPIDR) officially merged in January of 2001. A
ADR updateAlternative Dispute Resolution, June 2002Beginning May 1, 2002, a new rule of the U.S. Court of Federal Claims allows voluntary use of alternative dispute resolution, specifically mediation, settlement conferences and non-binding arbitration.
ADR updateAlternative Dispute Resolution, March 2002On February 4, the American Bar Association House of Delegates passed the Uniform Mediation Act with 537 votes.
ADR update:By Sarah JobstAlternative Dispute Resolution, December 2002The Supreme Court will decide if the court or the arbitrator should decide whether a claim is arbitrable in a securities case with potential implications beyond that industry.
ADR update:Alternative Dispute Resolution, November 2002On September 12, federal district court judges in South Florida voted to study whether or not to adopt new rules regarding public knowledge and civil litigation, including the possibility of banning secret settlements in lawsuits.
ADR update:Alternative Dispute Resolution, May 2002On March 4, the Virginia Senate approved unanimously a bill that would provide immunity from civil liability to mediators and expand confidentiality protections to include mediation communications in proceedings connected to the court.
Aiming at nothing and seldom missingBy Alan G. GreerYoung Lawyers Division, August 2002One of the primary reasons people have such a low respect for and opinion of attorneys is that they don't know what we stand for as a profession or as individuals.
All the latest developments in health care lawBy W. Eugene Basanta & Alisha LoganHealth Care Law, November 2002The Illinois Supreme Court has granted leave to appeal in Brandt v. Sarah Bush Lincoln Health Center, 329 Ill. App. 3d 348, 771 N.E.2d 470 (4th Dist. 2002).
All the latest developments in health care lawBy W. Eugene BasantaHealth Care Law, June 2002The Illinois Supreme Court has agreed to review the First District Appellate Court's decision in Department of Professional Regulation v. Manos, 326 Ill. App. 3d 698, 761 N.E.2d 208 (1st Dist. 2001).
All the latest developments in health care lawBy W. Eugene BasantaHealth Care Law, May 2002A federal action was brought by a mental health care professional disciplined by the Illinois Department of Professional Regulation (IDPR) for practicing without a license.
All the latest developments in health care lawBy W. Eugene DunnebackHealth Care Law, March 2002Is a municipality a "person" within the False Claims Act (FCA), 31 U.S.C. §3729? In a decision which could subject a municipality to liability for attempting to defraud the federal government, the Seventh Circuit has said yes.