Section Newsletters

Articles From 2008

An ancillary lesson By Darrell Dies Trusts and Estates, February 2008 A hypothetical scenario illustrating potential estate administrative expenses in several states.
Annual outreach and networking event Women and the Law, June 2008 In April, the ISBA’s Women and the Law and the Minority and Women Participation Committee participated jointly in an outreach to Southern Illinois University students and facility.
Another blow to tort reform By D.J. Evans Civil Practice and Procedure, August 2008 Much is happening to the status of medical malpractice cases in Illinois.
Another court applies the collateral source rule By Robert T. Park Bench and Bar, March 2008 The April 2007 decision in Wills v. Foster held that, when Medicare and Medicaid discount the recoverable medical bills, the plaintiff will receive a comparably reduced recovery. Another district of the appellate court has now weighed in on the same question with a contrary ruling.
Another court applies the collateral source rule By Robert T. Park Civil Practice and Procedure, January 2008 The April 2007 decision in Wills v. Foster held that when Medicare and Medicaid discount the recoverable medical bills, the plaintiff will receive a comparably reduced recovery. Another district of the appellate court has now weighed in on the same question with a contrary ruling.
Appellate court affirms the award of travel expenses to petitioner for travel to and from a treating physician By Kevin S. Botha Workers’ Compensation Law, September 2008 In a recent Rule 23 decision, the appellate court affirmed the judgment of the circuit court that confirmed the decision of the Illinois Workers’ Compensation Commission awarding travel expenses to Petitioner for travel to and from the Petitioner’s treating physician.
Appellate court rules on utility corridors and burdens of proof, persuasion and production in PTAB appeals By Scott E. Longstreet State and Local Taxation, April 2008 The Second District Appellate Court recently issued an opinion regarding the assessment of high-voltage transmission corridor parcels owned by Commonwealth Edison Company (“ComEd”).
Appellate Court upholds village’s contractual right to indemnification for its own alleged negligence By Michael D. Bersani Local Government Law, April 2008 In two recent cases of interest, the Illinois Supreme and Appellate Courts have addressed the validity and enforceability of indemnification provisions, specifically provisions that require indemnification for one’s own negligence.
The application of the Communications Decency Act’s IP exception to state law claims By Dale R. Kurth Intellectual Property, July 2008 The onslaught of User-Generated Content in Web publishing and New Media (also known as digital media, and generally defined as the integration of mediated or interactive communications with digital computers or the Internet) has created problems for the owners of IP rights. 
Applications for the Tradition of Excellence Award sought—Deadline March 21, 2008 By Donald A. LoBue General Practice, Solo, and Small Firm, March 2008 It is that time of year again. The General Practice, Solo & Small Firm Section Council is seeking nominations for its Tradition of Excellence Award.
Arbitration reform pending in the House and Senate By Kurt Kamrath Alternative Dispute Resolution, June 2008 A recent study by Michael LeRoy, a labor and employment law scholar at the University of Illinois College of Law, has shown a great hostility from state courts towards arbitration awards in favor of employees.
Are employment contracts a matter of record and available under FOIA? By Marc Christopher Loro Administrative Law, June 2008 This article examines the applicable FOIA provisions, and the appellate court’s reasoning and holding that the contracts must be disclosed.
Are utilization review reports admissible into evidence? Petitioner vs. Respondent By Anita M. DeCarlo & Kelly Johnson Workers’ Compensation Law, March 2008 Until recently, the only vehicle to dispute the reasonableness or necessity of treatment was via a Section 12 examination.
An argument to maintain the first-to-invent system: It is superior, so don’t change it By David S. Robert International and Immigration Law, December 2008 Patent law increasingly plays a fundamental role in advancing the global economy.
The art of picking an arbitrator By Charles B. Lewis Alternative Dispute Resolution, February 2008 In medieval times, it was felt that one could assess the character and temperament of an individual by reference to the four humors.
Attorney fees for the discharged attorney: Does it pay to be the second attorney? By Richard D. Hannigan Workers’ Compensation Law, June 2008 Ted Collison, a prominent Petitioner’s attorney from Northbrook, was kind enough to forward an appellate court decision regarding attorney fees.
Attorney General issues opinions By Lynn Patton Government Lawyers, September 2008 The following is a summary of informal opinion Nos. I-08-001 through I-08-022 that may be of interest to the government bar.
Attorney General issues opinions By Lynn Patton Government Lawyers, March 2008 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2006), as amended by Public Act 95-699, effective November 9, 2007), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.
Attorney-client privilege in corporate internal investigations By Beth L. Fancsali & Paul Olszowka September 2008 Corporations face increased burdens and deeper pitfalls in a more public environment.
Attorney’s caveat—Fair Credit Reporting Act, 15 USC §1681 By John B. Kincaid Civil Practice and Procedure, May 2008 For a country lawyer who spends little time in the Federal Court, it was an eye-opening experience for me to realize that attorneys can run afoul of the Federal Fair Credit Reporting Act with little effort.
Attorneys interested in pro bono cases International and Immigration Law, July 2008 For the past two years Jefferson Mok has served as the National Immigrant Justice Center’s Pro Bono Project Coordinator.
Avoiding e-discovery pitfalls: Guidelines for practitioners By Patricia M. Fallon Federal Civil Practice, December 2008 The move from paper to electronic discovery has resulted in an enormous increase in volume of discoverable material as well as a wealth of new problems for practitioners.
Awarding attorneys fees to prevailing party By Hon. Michael Kiley Bench and Bar, October 2008 A plaintiff files suit against a defendant seeking damages, including reasonable attorney fees, pursuant to a contractual term that provides for an award of fees to the prevailing party.
Bank directors on the hot seat By Kenneth Dobbs Commercial Banking, Collections, and Bankruptcy, October 2008 The last 15 years have been smooth sailing for banks and their directors. Borrowers paid loans, earnings remained strong, and bank failures were almost non-existent. Recently, however, matters became choppy as borrowers defaulted, earnings plummeted, and a few banks began to fail.
Bank Directors on the hot seat By Craig McCrohon Corporate Law Departments, May 2008 The last 15 years have been smooth sailing for banks and their directors. Borrowers paid loans, earnings remained strong, and bank failures were almost non-existent.
Becoming master of your domain: The UDRP versus the Anti-Cybersquatting Consumer Protection Act By Dale R. Kurth Intellectual Property, December 2008 Attorneys should be acquainted with both the ACPA and UDRP procedures and be prepared to evaluate these factors in advising clients of their options in dealing with cybersquatters.
Best kept secrets By Paul Shaheen Law Office Management and Economics, Standing Committee on, September 2008 No matter the size of your practice, be it solo, big or small, attorneys and law firms often struggle with the taxing issue of how to best protect what is arguably your most invaluable asset: your ability to earn an income.
The “Best” lesson By Paul Osborn Family Law, August 2008 The January 2007 issue of the Family Law Section’s newsletter contained an article written by the newsletter’s current co-editor, Matthew Kirsh, analyzing the Second District’s opinion published in November of 2006 in In re the Marriage of Best, 859 N.E.2d 173, 307 Ill.Dec. 173 (2nd Dis., 2006)
Best practices for private attorneys defending female juveniles, or, The top 10 tips for juvie attorneys By Mary F. Petruchius Women and the Law, January 2008 In 30-some words or less, could you explain the approach the attorney should take in representing a juvenile client?
A best practices guide for attorneys representing victims of domestic violence By E. Nicole Carrion Women and the Law, March 2008 Over the years, I have represented numerous victims of domestic violence in all types of legal matters.