Section Newsletters

Articles From 2006

Top 10 things all corporate counsel should know about the amendments to the Federal Rules of Civil Procedure By Sonya D. Naar & R. Matthew Hiller Corporate Law Departments, October 2006 On December 1, 2006, significant amendments will occur to the Federal Rules of Civil Procedure (the “Rules”) concerning electronically stored information (“ESI”) and how issues concerning discovery of ESI are to be handled by parties to federal litigation.
The top 10 things they did not teach me in law school By Dennis A. Norden Business Advice and Financial Planning, May 2006 Upon starting the actual practice of our profession, nearly every attorney begins to realize how little he or she knows.
The Tradition of Excellence Award Young Lawyers Division, April 2006 The General Practice, Solo & Small Firm Section has established a Tradition of Excellence Award.
Two Memorandum Orders by Judge Julia Nowicki Administrative Law, July 2006 This matter comes before the Court on Petition of the Plaintiff, Leslie Szklarczyk, for Administrative Review of the revocation of the plaintiff's Illinois Identification Card.
The UN Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities By Walter J. Kendall Human and Civil Rights, December 2006 On August 25th the Ad Hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities of the United Nations adopted a final text by a vote of 102 to 5.
Unintended consequences of administrative review law amendments snare the unwary By J.A. Sebastian Bench and Bar, June 2006 Every case is first of all a story, and all stories have a beginning and an ending. Some endings leave you wanting more.
Unintended consequences of ARL amendments snare the unwary By J.A. Sebastian Administrative Law, February 2006 Every case is first of all a story, and all stories have a beginning and an ending. Some endings leave you wanting more.
Union violated labor law by photographing employees By Michael R. Lied Labor and Employment Law, September 2006 Randell Warehouse of Arizona, Inc., 347 NLRB No. 56 (“Randell II”), presented the issue of whether a union’s unexplained photographing of employees while union representatives distributed campaign literature to them prior to an election constituted objectionable conduct.
United States treaty and nationality-based work options By Scott D. Pollock International and Immigration Law, September 2006 Each year the United States is a desirable or necessary destination for millions of international business persons and travelers.
Update from the 94th General Assembly By James K. Weston Real Estate Law, November 2006 The General Assembly concluded the Spring 2006 Session in May, over a month after the initially announced end of session, April 7.
Update from the 94th General Assembly for the ISBA Mineral Law Section By James K. Weston Mineral Law, October 2006 The General Assembly concluded the Spring 2006 Session in May, over a month after the initially announced end of session, April 7.
Updates By Michael S. Pabian Energy, Utilities, Telecommunications, and Transportation, November 2006 Effective July 1, your section has a new name—the Energy, Utilities, Telecommunications, and Transportation Section.
U.S. EPA argues no implied right of contribution for PRPs under Section 107(a) of CERCLA By Joseph R. Podlewski, Jr. Environmental Law, September 2006 In the October, 2005 issue of the newsletter, we reported on the case of Metropolitan Water Reclamation District of Greater Chicago v. Lake River Corp., 365 F. Supp. 2d 913 (N.D. Ill. 2005).
US Supreme Court defines the “probate exception” to limits on federal jurisdiction By Philip E. Koenig Trusts and Estates, May 2006 It is not very often that probate law, a Hollywood figure and the United States Supreme Court converge upon one another.
The use of hearsay in contested cases: To be or not to be? By Marc Christopher Loro Administrative Law, April 2006 A recent ruling by a judge of the Circuit Court of Cook County raised the question of the extent to which police reports—and other documents which can be considered hearsay—can by relied upon as evidence in contested cases before administrative agencies.
Use of Request to Admit to obtain foundation for admission of medical expenses By Kevin T. Veugeler Tort Law, August 2006 One of the most fundamental pieces of evidence in a personal injury trial, and one of the most overlooked, is the medical expenses incurred by the Plaintiff.
Using the Illinois Vehicle Code to clear railroad crossings By Paul N. Keller Local Government Law, December 2006 Business owners who suffered economic injury because of railroad trains blocking access to their property may sue the railroad for relief.
The validity of waivers in marital agreements By David P. Pasulka Family Law, October 2006 In order for a waiver to be valid in a Marital Settlement Agreement, it must generally satisfy the legal requirements of a contract.
View from the Chair By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, May 2006 During the past 10 months, your Section has been very active.
Voice of the Chair: Special bulletin: A laureate award for one of our own By Vickie Gillio Administrative Law, February 2006 As Chair of the Administrative Law Section Council this year I am pleased to report that our esteemed newsletter editor Paul Freehling will be honored on April 6, 2006, as one of the ISBA members to receive the distinction of laureate.
Voice of the prior Chair By Vickie Gillio Administrative Law, July 2006 It has been my distinct pleasure to serve as Chair for this past year of the Administrative Law Section Council.
Volunteer slides away from contribution claim By Cameron B. Clark Workers’ Compensation Law, January 2006 In Flores v. Palmer Marketing, Inc., the Illinois Appellate Court, in a decision delivered by Justice O’Brien, addressed the issue of whether or not a claim for contribution against a “volunteer” of the employer was barred by Section 5(a) of the Workers’ Compensation Act.
Wage garnishment—Not just the employee’s problem By Elizabeth A. Bleakley Business Advice and Financial Planning, March 2006 Many employers view a wage garnishment as an unnecessary nuisance and “the employee’s problem.” However, an employer may be found liable for amounts not withheld or turned over in a timely manner under a properly served wage garnishment order.
Walnuts keep falling on my head and other horrors of litigation By Terrence J. Lavin Bench and Bar, October 2006 Reading slip opinions is part and parcel of the practicing attorney’s daily grind.
Want to discuss the new Minimum Continuing Legal Education requirements with other government agencies? Join the Illinois Government Consortium Government Lawyers, June 2006 The membership of the Illinois Government Consortium consists of professional development directors, administrators, and attorneys from several government agencies.
Warranty of Title, Negligent Misrepresentation, and the Moorman Doctrine By John C. Murray Real Estate Law, October 2006 In a recent decision by the Illinois Appellate Court, Midfirst Bank v. Abney , the court ruled in favor of the title insurance company under the “Moorman doctrine” in effect in Illinois.
Was passing through that door an increased risk? Must the injured worker present expert testimony that the preexisting condition was not the cause of the current condition of ill-being? By Richard D. Hannigan Workers’ Compensation Law, June 2006 University of Illinois v. Industrial Commission, 2006 WL 1169811 1st District May 3, (2006) involves an employee who had a prior knee injury that resulted in knee surgery in August of 1999.
Welcome note from the 2006-2007 Chair By Mary Nicolau State and Local Taxation, July 2006 I wanted to introduce myself. My name is Mary Nicolau and I am the 2006-2007 Chair of the ISBA’s State and Local Taxation Section.
West Virginia joins growing majority of states to limit the “substantial nexus” requirement to state sales and use taxes By David R. Reid State and Local Taxation, December 2006 The West Virginia Supreme Court recently held that the United States Supreme Court’s determination in Quill Corp. v. North Dakota,—that an entity’s physical presence in a state is required to meet the “substantial nexus” requirement of the Commerce Clause—does not apply to West Virginia business franchise and corporation net income taxes.
What can I be with a J.D.? Assistant Director of the Chicago Chapter of AJC By Heather M. Fritsch Young Lawyers Division, June 2006 Learn more about Melanie Maron, Assistant Director of the Chicago Chapter of American Jewish Committee.