Section Newsletters

Articles From 2006

A note from the Editor By Mary Ann Connelly State and Local Taxation, December 2006 A message from the editor.
A note from the Editor By Mary Ann Connelly State and Local Taxation, November 2006 This edition of Tax Trends features 2006 Illinois income and Sales Tax Legislative update and Veto Session Tax Projections by David J. Kupiec, an Associate Editor of the State and Local Taxation Section Council, J. Thomas Johnson, President of Taxpayer Federation of Illinois and Natalie Martin, from the Exelon Business Services Company.
A note from the Editor By Mary Ann Connelly State and Local Taxation, October 2006 This edition of Tax Trends features a brief synopsis of recent real estate tax cases by Timothy Moran, Section Council Member.
Note on ACLU v. NSA 438 F. Supp. 2d 754 (E.D. Mich. 2006) By Kathryn E. Eisenhart Human and Civil Rights, November 2006 On August 17, 2006, Senior Judge Anna Diggs Taylor of the Federal District Court for the Eastern District of Michigan issued a decision in American Civil Liberties Union et al (ACLU) v. National Security Agency et al (NSA). Decisions by federal district courts are only occasionally of sufficient importance to get noticed by the national press. This decision is clearly one of them.
Note to employers: You can’t just take it back: An adverse employment action, that is By Karen D. Fox Labor and Employment Law, December 2006 In Phelan v. Cook County, the plaintiff claimed to have suffered an adverse employment action when she was terminated for four months and then was reinstated with back pay.
Now you don’t see it—Now you do By Peter Mierzwa Family Law, October 2006 This title describes the conundrum in which we attorneys find ourselves as we move further toward an electronic practice.
Now you don’t see it—Now you do By Peter Mierzwa Legal Technology, Standing Committee on, May 2006 Are you sending documents to opposing counsel or third parties that contain (deleted) privileged client information?
Nursing homes: Despite increased oversight, challenges remain in ensuring high-quality care and resident safety Health Care Law, March 2006 Editor’s Note: With about 17,000 nursing homes in operation in the U.S., having a total bed capacity of around 1.8 million, the nursing home industry is one of the most significant sectors of our health care system.
Off the Record: Remembrances of the 1970 Illinois Constitutional Convention By Mary Lee Leahy Human and Civil Rights, April 2006 In December, 1969, 118 Delegates to the Illinois Constitutional Convention met in Springfield to draft a new Constitution for the citizens of Illinois.
Offers of proof: What are they and when do you need them? By Patrick M. Kinnally Civil Practice and Procedure, April 2006 The trial court has entered an order which declares the dissolution of marriage complaint that was filed three months previous is: (1) set for trial in 60 days; and that if either party wanted to call more than two witnesses it had to request a pretrial conference seven (7) days before trial.
Oil and gas investments in Algeria—A legal and tax primer from an Algerian perspective By Michael L. Coleman & Celine van Zeebroeck International and Immigration Law, November 2006 U.S. oil and gas companies have significantly contributed to the increase of foreign direct investment in Algeria in recent years.
Ombudsmen: Part III By Kristi Hornickel Alternative Dispute Resolution, February 2006 In the previous two issues of In the Alternative, the role of the ombudsmen has been introduced and the privilege of confidentiality with respect to an ombudsmen has been discussed.
One plus one equals three or in an immigration context applying for a waiver By Y. Judd Azulay International and Immigration Law, November 2006 Over the years, practicing in the immigration field has gone from a “gentlemen’s” practice where everyone knew each other, respected each other and generally knew “who & what was on first,” to an adversarial practice having all the surprises, deceit, unpredictability and intrigue of the Perry Mason TV show.
The origin of an elder law attorney By Michael H. Erde Elder Law, November 2006 My grandfather may have been the first person to influence my eventual development as an Elder Law Attorney.
The other shoe drops: Reflections on Illinois’ Long–Arm Statute By Hon. E. Kenneth Wright, Jr. & Baseer Tajuddin Bench and Bar, October 2006 The Illinois Long-Arm Statute, 735 ILCS 5/2-209, poses a conceptual dilemma for courts trying to discern it.
Overview of DCFS investigations By Janet Wukus Ahern Child Law, December 2006 This year over 70,000 people will call the Department of Children and Family Services hotline to report suspected abuse or neglect of a child.
Owners and operators of ATMs take notice or pay the price for Automated Terrible Misfortune By Adam C. Toosley, A. Jay Goldstein, & Denean K. Sturino Business and Securities Law, January 2006 The banking industry, not unlike every other major industry in the world, has steadily progressed into becoming a virtual electronic industry.
Ownership of property within a TIF By Kathleen Field Orr Local Government Law, October 2006 An often-ignored standard of the TIF Act is the provision regarding conflicts of interest on the part of certain municipal officials, employees or consultants which may arise in connection with the designation of a Redevelopment Project Area.
PA 94-677—The case for constitutionality? Non-existent. By Keith A. Hebeisen Tort Law, July 2006 Judge Cason’s article (“Senate Bill 475- Cause For Concern or Self- Generated Crisis”) suggests that the constitutionality of SB 475 (now PA 94- 677) is an open question.
Parent corporation liability for acts of its subsidiary By Charles W. Murdock Business and Securities Law, June 2006 When we think of the potential liability of a parent corporation for the acts of its subsidiary, we normally think of the situation in which the corporate veil of a subsidiary is sought to be pierced in order to hold the parent liable.
Pasta, Pasta Everywhere By Heather M. Fritsch Young Lawyers Division, April 2006 No…..this photograph does not show a group of mad scientists in their white coats. It actually shows Young Lawyer Division Members working to give back to the community.
Paul Freehling: 2006 Laureate, Illinois State Bar Association Academy of Illinois Lawyers By Terry Shafer Hoffman Administrative Law, February 2006 This award could not have been bestowed on a nicer, sweeter, more deserving guy than Paul Freehling.
Payment of award of medical bills directly to medical provider/Section 19(g) and hourly attorney fee set at $250 By James W. Stevenson Workers’ Compensation Law, June 2006 In Aurora East School District v. Don Dover, 363 Ill.App.3d 1048, 847 N.E.2d 623, 301 Ill.Dec. 298 2nd District March 21, 2006, Don Dover, employed by the Aurora East School District, received an award which included TTD benefits of $29,908.13, representing 59-6/7 weeks, and $85,015.04 in medical expenses.
Payments related to replacing and servicing claimant’s prosthesis included in employer’s subrogation claim By Janet D. Pallardy Workers’ Compensation Law, December 2006 The Illinois Appellate Court, Fifth District, rendered a decision on October 4, 2006, allowing Respondent a lien credit against a third-party judgment for payments made under the Workers’ Compensation Act pertaining to replacing and servicing claimant’s prosthesis. Crispell v. Industrial Commission, __ N.E.2d __, 2006 WL2879068 (Ill.App. 5 Dist).
Pekin Insurance v. Anthony Hiera By Carol A. Cesaretti Workers’ Compensation Law, March 2006 In this Fourth District case, the appellate court affirmed the decision of the trial court granting Hiera’s motion for an immediate UM arbitration and denying Pekin’s motion to stay said proceedings.
Pending Illinois Supreme Court case of first impression—Medicaid estate recovery against surviving spouse’s probate estate By Steven C. Perlis Elder Law, February 2006 The Elder Law Office of Steven C. Perlis and Associates, P.C. represents the Executor as Appellee in the Illinois Supreme Court in Hines v. Illinois Department of Public Aid, 358 Ill.App.3d 225, 831 N.E.2d 641, 294 Ill.Dec. 691 (App. 3rd Dist. 2005).
Pension Board hearing must comply with Industrial Commission finding because of collateral estoppel By James W. Stevenson Workers’ Compensation Law, June 2006 In Daniel Mabie v. Village of Schaumburg, 847 N.E. 2d 796 (March 31, 2006) 1st District, Daniel Mabie, a fireman for the Village of Schaumburg, was injured on April 12, 1999, as a result of a fall down the fire station’s stairs.
Personal Jurisdiction.com revisited: In the wake of Jennings v. AC Hydraulic, both federal and state courts look for guidance as to “how much interactivity is enough?” By Kris R. Murphy Civil Practice and Procedure, March 2006 This article examines the search for guidance in answering the question left undecided in Jennings, as illustrated by three recent opinions in which federal and state courts looked beyond Jennings when confronted with defendants’ motions arguing that the Web sites in question were not “interactive” enough to justify the exercise of jurisdiction.
Petitioner’s non-compliance with vocational rehabilitation insufficient to deny compensation By Kevin S. Botha Workers’ Compensation Law, December 2006 In this Rule 23 decision, the Appellate Court addressed the issues of intervening accidents, vocational rehabilitation and Petitioners choice of physicians.
Pitfalls of the new OFCCP Internet applicant regulations By Michael D. Gifford Labor and Employment Law, March 2006 Assume an all-too-plausible scenario: Harold Happyman is HR Manager for AnyTown Bank Corp.