Section Newsletters

Articles From 2008

Illinois drilling permits—The upward trend advances By James K. Weston, Sr. Mineral Law, September 2008 An analysis of drilling permit applications in the last few years reflects continued modest increases in production activity.
Illinois drilling permits—The upward trend advances By James K. Weston, Sr. Mineral Law, June 2008 An analysis of drilling permit applications in the last few years reflects continued modest increases in production activity.
Illinois drilling permits—The upward trend advances By James K. Weston, Sr. Mineral Law, March 2008 An analysis of drilling permit applications in the last few years reflects continued modest increases in production activity.
Illinois Employee Classification Act Employee Benefits, March 2008 Anyone who has clients in the construction business or who practices employee benefits law should be aware of a new Illinois law which provides for substantial fines and penalties for classifying W-2 employees as Form 1099 independent contractors.
Illinois EPA submits indoor air quality proposal Environmental Law, December 2008 As has been discussed for some time, Illinois EPA recently submitted a proposed rulemaking to the Illinois Pollution Control Board on the topic of adding indoor air quality limitations to the Tiered Approach to Corrective Action Objectives (“TACO”) system.
Illinois ethics bill dramatically limits political contributions to candidates for statewide office By Michael Demetriou & Michael Zolandz Corporate Law Departments, November 2008 The Illinois State Legislature recently amended the Illinois Procurement Code to place new restrictions on political contributions by those that seek or secure state contracts.
Illinois joins the ranks of the anti-SLAPP states By Steven Helle Human and Civil Rights, June 2008 With the passage of a new law last year, the term SLAPP has entered the Illinois legal vocabulary.
The Illinois Legislature overcorrected Section 12.56(f) of the Illinois Business Corporation Act’s forced buy-out provision for close corporations By Lynn A. Ellenberger Business Advice and Financial Planning, February 2008 In 2005, a little-noticed amendment to the Illinois Business Corporation Act dramatically weakened the election remedy set out in 805 ILCS 5/12.56(f), preventing a shareholder of a closely held corporation, sued in a derivative lawsuit, from forcing a buy-out of plaintiff’s shares.
The Illinois Open Meetings Act: Client communications to counsel while the door is closed By Patrick M. Kinnally General Practice, Solo, and Small Firm, May 2008 The purpose of the Illinois Open Meetings Act is to ensure the work of public bodies be patent and candid.
The Illinois Personnel Records Review Act: Do I really have to give him the secret memo? By Stephen E. Balogh & Adam M. Fleming Labor and Employment Law, June 2008 At a recent meeting of the Labor & Employment Law Section Council, members became embroiled in an argument over a question none could answer with certainty.
The Illinois Public Labor Relations Act—Who is a Supervisor? By John H. Brechin Local Government Law, August 2008 The recent decision of  City of Washington v. Illinois Labor Relations Board and Laborers International Union of North America, Local 231 examined this issue again in the context of determining who in the City of Washington’s Public Services Department were properly classified as supervisors.
Illinois Supreme Court construes indemnity provision to require indemnitor to indemnify indemnitee from its own negligence By Corey B. Stern Energy, Utilities, Telecommunications, and Transportation, March 2008 In Buenz v. Frontline Transp. Co., 2008 WL 217169 (Ill., Jan. 2008), the Illinois Supreme Court held that the language in an interchange agreement (hereinafter “Agreement”) between two carriers required the first carrier to indemnify the second carrier for any and all claims, even claims based on the second carrier’s negligence.
The Illinois Supreme Court defines the phrase “arising out of patient care” and clarifies the tolling provisions found in the Medical Malpractice Statute of Repose in Section 13-212 of the Code of Civil Procedure By Michele M. Jochner Bench and Bar, May 2008 In Brucker v. Mercola and Orlak v. Loyola University Health System, the Illinois Supreme Court decided two companion cases filed on the same day which provide guidance with respect to the application of the medical malpractice statute of repose found in section 13-212 of the Code of Civil Procedure (735 ILCS 5/13-212).
Illinois Supreme Court extends “Hot Pursuit” Doctrine to include misdemeanors By Ashley Kwasneski Traffic Laws and Courts, September 2008 In People v. Wear, 2008 WL 2840571 (Ill.Sup.Ct. 2008), the Illinois Supreme Court upheld the defendant’s driving under the influence conviction finding that probable cause existed to place him under arrest while the defendant was still in a public place and that the defendant’s subsequent arrest inside his home was justified by the “hot pursuit” doctrine.
Illinois Supreme Court puts an end to appellate courts’ varied interpretations of Pension Code Section 3-115 By Krysia W. Ressler Young Lawyers Division, February 2008 A police officer, while on duty, was escorting a handcuffed prisoner down an embankment when the prisoner stumbled and caused that police officer to fall and injure his right knee.
Illinois Supreme Court Rule 315(c)(3): An appellate trap for the unwary By Matthew R. Carter Civil Practice and Procedure, October 2008 Illinois Supreme Court Rule 315 establishes rules for preparing an appeal from the Illinois appellate court to the Illinois Supreme Court. Ill. Sup. Ct. Rule 315.
The Illinois Supreme Court Sheds Light on the “Gray Areas” of the Relation-Back Doctrine in Porter v. Decatur Memorial Hospital By Michele M. Jochner General Practice, Solo, and Small Firm, April 2008 The question presented in Porter v. Decatur Memorial Hospital, Docket No. 104441 (Jan. 25, 2008), was whether, pursuant to section 2-616(b) of the Code of Civil Procedure (735 ILCS 5/2-616(b)(West 2004)), count III of plaintiff’s second amended complaint related back to his timely-filed original and first amended complaints and, therefore, whether plaintiff’s motion for leave to file a second amended complaint was improperly denied as time-barred. 
The Illinois Supreme Court sheds light on the “gray areas” of the relation-back doctrine in Porter v. Decatur Memorial Hospital By Michele M. Jochner Bench and Bar, March 2008 The question presented in Porter v. Decatur Memorial Hospital, Docket No. 104441 (Jan. 25, 2008), was whether, pursuant to section 2-616(b) of the Code of Civil Procedure (735 ILCS 5/2-616(b)(West 2004)), count III of plaintiff’s second amended complaint related back to his timely-filed original and first amended complaints and, therefore, whether plaintiff’s motion for leave to file a second amended complaint was improperly denied as time-barred. Chief Justice Robert Thomas, writing for a unanimous Illinois Supreme Court, answered these questions in the affirmative.
The Illinois Supreme Court Sheds Light on the “Gray Areas” of the Relation-Back Doctrine in Porter v. Decatur Memorial Hospital By Michele M. Jochner Civil Practice and Procedure, March 2008 The question presented in Porter v. Decatur Memorial Hospital, 2008 Ill. LEXIS 10, Docket No. 104441 (Jan. 25, 2008), was whether, pursuant to section 2-616(b) of the Code of Civil Procedure (735 ILCS 5/2-616(b)(West 2004)), count III of plaintiff’s second amended complaint related back to his timely-filed original and first amended complaints and, therefore, whether plaintiff’s motion for leave to file a second amended complaint was improperly denied as time-barred. 
Illinois Workers Compensation Annual Report 2007 By Brad E. Bleakney Workers’ Compensation Law, December 2008 On October 2, 2008, the Commission released its Annual Report of Operations.
IMFL: Attempted private sales after foreclosure sales By Jeffrey G. Liss Commercial Banking, Collections, and Bankruptcy, April 2008 In the First District of the Illinois Appellate Court, different Divisions have apparently found themselves at odds on a significant issue involving the Illinois Mortgage Foreclosure Law (IMFL), 735 ILCS 5/15-1101 et seq.
Immigration Service attempts to resurrect social security no-match regulation By Grant Sovern, Lisa Duran, & Benjamin Kurten Corporate Law Departments, April 2008 The Department of Homeland Security’s Immigration and Customs Enforcement agency “ICE” will issue a proposed final regulation in the Federal Register.
Immigration-related raids: Employer rights and lawful responses By Kristin Lopez Law Office Management and Economics, Standing Committee on, June 2008 The key to minimizing civil penalties and criminal prosecution in connection with immigration raids is knowing how to respond and knowing what rights an employer has. This information is intended to give general guidelines about employer rights when faced with an unannounced immigration raid and is not a substitute for legal advice.
Important new decision interprets certain provisions of the Packers and Stockyards Act By Jerry W. Quick Agricultural Law, October 2008 On July 21st the U.S. Court of Appeals for the Fifth Circuit handed down its decision in the case of Cody Wheeler; Don Davis; Davey Williams v. Pilgrim’s Pride Corp. [---3rd---, 2008 WL 2789319(C.A.5, Tex)]
Impropriety of the “otherwise careless and negligent” allegation By Anthony Longo Tort Law, March 2008 This article will explain why defense counsel should move to strike this allegation rather than answering it with a general denial. The article will conclude with a form motion to strike that defense counsel can use to try for dismissal of the allegation.
Improving HR service quality By Stanley J. Dale, MA, JD Labor and Employment Law, February 2008 In case you didn’t get it from the title, HR Excellence is written for the Human Resource professional who wants to discern processes to improve and increase the value of HR services in organizations.
In memoriam of Matthew A. Maloney By Hon. Gregory Paul Vazquez Criminal Justice, January 2008 The Criminal Justice Section Council has lost a long-time member and friend when attorney Matt Maloney of Princeton, Illinois died on December 25, 2007.
In-sites Government Lawyers, December 2008 This column has covered topics such as finding information about Medicare and researching safety ratings of nursing homes. On a related topic, we recently discovered a new e-newsletter for caregivers of those on Medicare.
In-Sites Government Lawyers, September 2008 Although we covered this topic a few years ago, Web sites have improved, so we revisit the topic of hospitals and nursing home ratings.
In-Sites Government Lawyers, March 2008 Go Green! There are many ways to be conscious of our environment. And, believe it or not, many are “convenient!”