Articles From 2008

Pulling no punches: Effective Representation of Immigration Survivors of Domestic Violence International and Immigration Law, February 2008 On February 29th at the Chicago Regional Office, the International and Immigration Law Section Council will conduct a morning CLE.
Push comes to shove By Robert Iverson Trusts and Estates, April 2008 The efforts of the ISBA Trusts & Estates Council were realized on March 11, 2008 when the ISBA Board approved the Council’s proposal to amend 35 ILCS 405/2 of the Illinois Compiled Statutes.
The question of whether an allocation of fault can be made to settling or dismissed defendants remains a hot topic in Illinois By Melinda S. Kollross & Edward M. Kay Bench and Bar, August 2008 Section 2-1117 of the Illinois Code of Civil Procedure (735 ILCS 5/2-1117) provides for a modified joint and several liability scheme in which a defendant, found less than 25 percent at fault, is only severally liable for a plaintiff’s non-medical damages.
R. Eugene Pincham receives Section’s Elmer Gertz Award By Richard L. Hutchison Human and Civil Rights, January 2008 On December 11, 2007, the ISBA honored R. Eugene Pincham with the annual Elmer Gertz Award.
Radon disclosure now required for residential property sales By Raymond T. Reott Environmental Law, April 2008 On January 1, 2008, the Illinois Radon Awareness Act (“the Act”) became effective.
Random thoughts on tenancy by the entirety By Richard F. Bales Real Estate Law, July 2008 Attorneys who represent home owners in mortgage foreclosure proceedings will routinely parse their clients’ real estate documentation, looking for defects or issues that they can use for their advantage. It seems clear that tenancy by the entirety might be a new (and potentially lethal) weapon in the arsenals of these attorneys.
Real estate tax exemptions for senior citizens By Leonard F. Amari Senior Lawyers, March 2008 In Cook County, senior citizens can take advantage of two important residential real estate tax exemptions: the Senior Citizen Homestead Exemption and the Senior Citizen Assessment Freeze Homestead Exemption.
Recent amendments to the Illinois Supreme Court rules By Michele M. Jochner Civil Practice and Procedure, January 2008 Since the beginning of this calendar year, the Supreme Court of Illinois has made several amendments to its Rules. Outlined below are highlights of some of the most significant amendments.
Recent appointments and retirements Bench and Bar, December 2008 1. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge:
Recent appointments and retirements Bench and Bar, August 2008 1. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge:
Recent appointments and retirements Bench and Bar, July 2008 1. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge:
Recent appointments and retirements Bench and Bar, June 2008 1. The Circuit Judges have appointed the following to be Associate Judges:
Recent appointments and retirements Bench and Bar, May 2008 1. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge:
Recent appointments and retirements Bench and Bar, March 2008 1. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge:
Recent appointments and retirements Bench and Bar, February 2008 1. Pursuant to its constitutional authority, the Supreme Court has recalled the following to be Associate Judge:
Recent Canadian legal pronouncements on investor protections and disclosure duties for publicly traded companies in the wake of Bill 198 By Paul J. Carrier International and Immigration Law, August 2008 On October 1, 2003, Bill 198 took effect in the Province of Ontario.
Recent case involving the non-enforcement of non-solicitation agreements By Peter LaSorsa Corporate Law Departments, September 2008 Last spring, the Third Circuit Appellate Court in Illinois upheld a Will County Judge’s decision and held an employment agreement, which restricted the ability of the employee to solicit customers of the employer post-employment, was not enforceable due to a lack of adequate consideration notwithstanding that it was signed at the time the employee was hired by the employer.
Recent cases involving utilization review By Kevin Mechler Workers’ Compensation Law, March 2008 The 2005 amendments to the Illinois Workers’ Compensation Act included the provision for utilization review to evaluate proposed or provided health care services to determine the appropriateness and necessity of those services. 820 ILCS 305/8.7.
Recent decisions in real estate tax cases By Timothy E. Moran State and Local Taxation, October 2008 Two recent cases of interest to practitioners.
Recent decisions in real estate tax cases By Timothy E. Moran State and Local Taxation, July 2008 Plaintiff brought action to quiet title in a case where it had redeemed taxes and acquired title to the property from the former owner.
Recent developments, trends, and milestones in the Antitrust Division’s Criminal Enforcement Program By Scott D. Hammond September 2008 The detection, prosecution, and deterrence of cartel offenses remain the highest priority of the Antitrust Division.
Recent issues in Illinois liquor laws & enforcement By Mark C. Palmer Local Government Law, July 2008 Illinois Public Act 92-0503 became effective on January 1, 2002 and enhanced the responsibilities of local liquor commissioners (typically mayors or presidents and their acting deputies) to create underage alcohol (and tobacco) enforcement policies and procedures
Recent procedural developments in real property taxation By Jacqueline Gianneschi State and Local Taxation, June 2008 Recent cases of interest to real estate tax practitioners.
Recent statutory developments in Illinois labor & employment law By Richard L. Samson & Matthew Levine Law Office Management and Economics, Standing Committee on, April 2008 This article discusses the amendment to the amendment to Illinois’ Right to Privacy in the Workplace Act, as well as most Illinois laws passed over the last several years affecting the employee-employer dynamic.
Recent Supreme Court and Ninth Circuit decisions: Employment and labor decisions By Gary R. Clark Corporate Law Departments, July 2008 On June 19, 2008, the Supreme Court and the Ninth Circuit issued four decisions resolving key questions in labor and employment law which are summarized below.
Recent traffic cases By James J. Ahern & Thomas M. Moran Traffic Laws and Courts, June 2008 According to the First District Appellate Court, a defendant’s right to a speedy trial is not violated when, after charging the defendant with domestic battery and aggravated battery upon a police officer, prosecutors withdrew, or nolle-prossed the charges after the defendant demanded trial and later re-filed a charge of aggravated battery after the defendant was released from the Illinois Department of Corrections for a parole violation. People v. Castillo, 372 Ill.App.3d 77, 865 N.E.2d 208, 309 Ill.Dec.845 (1st Dist 2007).
Recent traffic cases By James J. Ahern & Thomas M. Moran Traffic Laws and Courts, February 2008 Section 12-503(c) of the Illinois Vehicle Code prohibits a person from operating a vehicle: …with any objects placed or suspended between the driver and the front windshield, rear window, side wings or side windows immediately adjacent to each side of the driver which materially obstructs the driver’s view. (Emphasis added).
Regulatory developments in 2007 By Monica Rios Environmental Law, September 2008 The Illinois Pollution Control Board (“Board”) was created by the Illinois Environmental Protection Act (“Act”) and is responsible under that Act for adopting many of the environmental regulations at force in the State of Illinois.
Reinforcing the International Conflicts Regime: A critical analysis of the Turkish attack on the Kurdish Worker’s Party By Christopher R. Minelli International and Immigration Law, March 2008 This article will argue that the illegal Turkish use of force is a reflection of the destabilization of the international conflict regime, a system of rules that guide rational actors by providing evidence of how other international actors will behave, which was caused by the United States during its war on terrorism.
Relief is on the horizon for public service attorneys burdened by law school debt By Colleen Morgan Human and Civil Rights, November 2008 With the average law school graduate carrying a staggering amount of student loan debt, and with starting salaries in public interest areas of the law lagging well below those in the private sector, student loan debt relief has become an attractive way for prosecutors, public defenders, and legal aid offices to recruit new attorneys and retain experienced ones.