Section Newsletters

Articles From 2008

Top 10 things to know about child support matters By Anna P. Krolikowska Young Lawyers Division, October 2008 Whether you are an experienced practitioner handling your first child support case or an attorney recently admitted to practice in Illinois, you should be aware that family law cases, including child support matters, present their own unique challenges and concerns.
Tort Immunity Act is no protection against claim of retaliatory discharge for pursuing workers’ compensation claim By Karen D. Fox Labor and Employment Law, June 2008 On April 17, 2008, in Smith v. Waukegan Park District, 2008 WL 1746664, the Illinois Supreme Court held that the Tort Immunity Act did not protect a public entity against a claim by an employee of retaliatory discharge for pursuing his workers’ compensation benefits.
Township Code amendment update By Maryann Bullion Local Government Law, October 2008 The 95th General Assembly recently made several important changes to the Township Code (hereinafter “Code”).
TrAid names aids trademark creation By Daniel Kegan Intellectual Property, May 2008 Good trademark selection avoids litigation and builds brand equity.
Trial court erred in allowing defendant to withdraw rejection of arbitration award By John J. Holevas Civil Practice and Procedure, April 2008 The Second District Appellate Court recently reversed a lower court’s decision in Stemple v. Pickerill, which allowed the defendant to withdraw his rejection of an arbitration award made pursuant to the court annexed mandatory arbitration program, while denying the plaintiffs from filing their own rejection of such an award.
A trial lawyer’s reminiscences By Jack E. Horsley Civil Practice and Procedure, May 2008 Editor’s note: Last year, Jack E. Horsley sent a letter to me as co-editor of Trial Briefs stating that has been a long-time reader of our newsletter and expressing his appreciation for the fine caliber of articles we published. In an exchange of letters, Mr. Horsley sent a touching novella (“All About Biff”) about his beloved and faithful pet dog who saved a very young Jack from a vicious stray.
A true rightward turn? The current U.S. Supreme Court term and the 2008 elections By Tom Goldstein Human and Civil Rights, January 2008 Following the completion of the 2006 Term, liberal advocacy groups raised alarm about conservative rulings from the Supreme Court.
Trusts and Estates Section Council legislative update By Ray J. Koenig, III & Amy Jo Smith Trusts and Estates, April 2008 An important duty of the Trusts and Estates Section Council is to monitor and advocate for legislation impacting our areas of practice.
Twenty years since Asahi: Reviewing the still-uncertain “stream of commerce” theory By Seth L. Ellis Civil Practice and Procedure, May 2008 In 1980, the Supreme Court of the United States recognized the “stream of commerce” theory for obtaining personal jurisdiction over an out-of-state corporation.
Two recent federal FOIA cases By Paul E. Freehling Administrative Law, August 2008 The federal Freedom of Information Act, 5 U.S.C. §552 et seq. (“FOIA”), is the subject of two informative recent decisions of circuit courts of appeal.
Two Slices from Life By Hon. Michael B. Hyman Bench and Bar, February 2008 Recently, my father gave me a thin volume of poetry published in 1935 that belonged to my grandfather, a lawyer, law professor and referee in bankruptcy.
Ty/Walk follow-up: Farmer wins elevator case By John W. Damisch Agricultural Law, October 2008 In 2001 Ty/Walk, with grain elevators in Kendall and Will Counties, closed its doors. The Illinois Department of Agriculture took over the elevator operation.
United States Supreme Court vacates and remands MeadWestvaco and provides further clarification concerning determination of unitary assets By David J. Kupiec & Natalie M. Martin State and Local Taxation, May 2008 On April 15, 2008, the United States Supreme Court unanimously vacated and remanded MeadWestvaco Corporation v. Illinois Department of Revenue (U.S. Sup. Ct. No. 06-1413) back to the Illinois Appellate Court for determination as to whether MeadWestvaco Corporation (hereafter “Mead”) and its wholly owned business division, Lexis/Nexis (hereafter “Lexis”), were part of a unitary business.  
Unsettling ruling on settlement agreement: Common provision declared unenforceable as penalty By J. Matthew Pfeiffer Civil Practice and Procedure, October 2008 A recent opinion from the Second District of the Appellate Court of Illinois holds that a clause in a settlement agreement providing for an acceleration of the amount due in the event of a breach thereof without any express reasonable basis for such acceleration constitutes a penalty and, therefore, is unenforceable.
The unwanted: Dead witnesses, The Dead Man’s Act and the Frauds Act By Patrick M. Kinnally Civil Practice and Procedure, February 2008 Although we do not like to acknowledge it, mortality will call someday. Oftentimes, we ignore what we should heed most. The making of a will or trust is scheduled for next week.
Upcoming CLE regarding intellectual property and international law issues in representing a globally expanding company By Pradip K. Sahu International and Immigration Law, May 2008 On June 12, 2008, the International and Immigration Law Section will present an all day CLE program regarding intellectual property and international law issues in representing a globally expanding company.
Update on new, revised, and withdrawn Illinois Civil Jury Instructions By Stephen C. Buser Civil Practice and Procedure, June 2008 The Illinois Supreme Court Committee on Jury Instructions in Civil Cases created and revised several civil jury instructions in the year 2007.
U.S. Supreme Court holds parties may not contract for expanded judicial review of arbitration awards By Lawrence S. Schaner Alternative Dispute Resolution, October 2008 In a much-anticipated decision, the U.S. Supreme Court held, on March 25, that parties may not by contract agree to expand the grounds for judicial review of arbitration awards beyond the limited grounds set forth in Sections 10 and 11 of the Federal Arbitration Act (“FAA”).
USA Trade World Illinois International and Immigration Law, November 2008 As mentioned in previous issues of The Globe, the U.S. Department of Commerce, U.S. Commercial Service in Chicago publishes USA Trade World Illinois.
Use guest articles to promote your practice: Turn research and results into story topics By Geri L. Dreiling Law Office Management and Economics, Standing Committee on, September 2008 When a lawyer gets a great result, devises a winning strategy, tackles an old issue with a 21st-century twist or develops an approach that helps avoid a legal minefield, the client benefits.
Use of 735 ILCS 5/2-1401 in criminal cases By Hon. Michael Kiley Bench and Bar, May 2008 The first time I had an attorney present me with a 2-1401 petition in a criminal case, I was certain I was dealing with someone who was either inexperienced or desperate after missing a 30-day deadline for filing a post-judgment motion.
Use the Web, but don’t let it use you By Matt Arbogast Women and the Law, March 2008 There are some important things that everyone should know before having someone create a Web site for them.
Using a home office and virtual workers: Our firm’s experience By Peter R. Olson Law Office Management and Economics, Standing Committee on, May 2008 What’s the worst decision the author has made related to his law firm since its founding? Paying rent for a Chicago Loop office he didn’t need and hardly ever used.
Using e-mail to create a contract By Michael R. Lied Business and Securities Law, August 2008 There are a lot of ways to create a contract. Not surprisingly, courts are now beginning to find that an exchange of e-mails can be sufficient.
Vacation homes and Section 1031 By Gary R. Gehlbach Real Estate Law, April 2008 Section 1031 of the Internal Revenue Code and the Regulations promulgated thereunder rather clearly provide that eligible property must be “held for productive use in a trade or business or for investment.”
Veracity By John M. Stalmack Civil Practice and Procedure, July 2008 Unlike substantive character evidence in a civil or criminal case, the character trait for veracity discussed in this article only concerns either impeachment or rehabilitation.
The Vienna Conventions—Now they have a few waltzes for state and local taxation By Julie-April Montgomery State and Local Taxation, November 2008 Have you ever wondered if international law affects the practice of state and local taxation?
View from the Chair By Loren S. Golden Senior Lawyers, March 2008 An introduction to this new newsletter from Chair Loren Golden.
Vision Point v. Haas: Breathing room For litigants on Requests to Admit By Steven G. Pietrick Family Law, March 2008 On September 20, 2007, the Illinois Supreme Court issued its long-awaited decision in Vision Point of Sale, Inc. v. Haas, ___ Ill.2d___, 2007 WL 2729322 (No. 103140 September 20, 2007),1 providing what many in the legal community perceive as a merciful relaxation of the overly strict interpretation of Rule 216’s requirements and the near-draconian effects which can result.
Voice of the Chair By Jewel N. Klein Administrative Law, November 2008 A message from Section Chair Jewel N. Klein.