Section Newsletters

Articles From 2008

Case summaries By Julia Kucan, Jillian Ruggiero, & Alyssa Vincent Alternative Dispute Resolution, December 2008 Recent cases of interest to ADR practitioners.
Case summaries Criminal Justice, November 2008 In People v. Rodriguez, 229 Ill. 2d 285; 891 N.E.2d 854; 2008 Ill. LEXIS 375; 322 Ill. Dec. 563, the Illinois Supreme Court was faced with the applicability of the 15 year enhancement provision when a person is convicted of First Degree Murder under a theory of accountability.
Case summaries By Julia Kucan, Jillian Ruggiero, & Alyssa Vincent Alternative Dispute Resolution, October 2008 In Washington, the Supreme Court recently ruled four provisions in the AT&T customer service agreement were unconscionable provisions that permeated the arbitration agreement, that the entire arbitration agreement was unenforceable and needed to be severed from the original agreement.
Case summaries Criminal Justice, June 2008 Johnnie Wilson was in his apartment on February 3, 2003 when his parole officer and two Chicago police officers entered.
Case summaries By Ashley Crettol & Kurt Kamrath Alternative Dispute Resolution, June 2008 The First Circuit found that under a partnership agreement that includes an arbitration clause, a corporation cannot avoid arbitration by naming as defendants two non-signatories to the agreement.
Case summaries Insurance Law, June 2008 HOLDING: Insurer that sued two of its former agents for breach of contract and tortuous interference arising out of agents’ solicitation of former customers after termination of the agency using confidential information extracted from insurer’s computers, filed declaratory judgment action seeking to establish whether it had a duty to defend agent pursuant to personal and advertising injury coverage in a business owners liability policy.
Case summaries By David B. Franks & Hon. John A. Wasilewski Criminal Justice, May 2008 In 2000 the victim hired defendant and another individual to perform electrical work in her apartment. The project lasted several months.
Case summaries By Ashley Crettol Alternative Dispute Resolution, April 2008 The dispute between Preston and Ferrer, who were disagreeing over whether the California Talent Agency Act (CTAA) or the Federal Arbitration Act (FAA) had initial jurisdiction over concerns with their contract, was decided on February 20, 2008.
Case summaries Insurance Law, March 2008 Summaries of recent cases of interest to insurance law practitioners.
Case summaries Criminal Justice, January 2008 In the Circuit Court of Peoria County, the defendant was convicted of the offense of Armed Robbery after a jury trial.
Case summaries By Ashley Crettol Alternative Dispute Resolution, January 2008 Local 15 objected to a new system implemented by Exelon Corporation, which, during an emergency, would summon those employees who were not already at work.
Case summary By Stanley R. Kaminski State and Local Taxation, February 2008 Pooh-Bah Enterprises, Inc. v. Cook County, City of Chicago, et al, Ill. App. Court. (1st Dist. 12\21\2007)
Case update By Phil Milsk Education Law, June 2008 Two Illinois school districts and some parents sued the U.S. Secretary of Education seeking a declaratory judgment that certain requirements of the No Child Left Behind Act conflict with the Individuals with Disabilities Education Act.
Case updates Corporate Law Departments, September 2008 To read the full opinion of any of the cases decided in the Seventh Circuit Court of Appeals, go to http://www.ca7.uscourts.gov/. Under Case Information, choose Opinions and search by either party name or case number, both listed for the cases below.
Case updates By Frank M. Grenard Corporate Law Departments, March 2008 Speight v. Walters Development. Implied warranty of workmanlike construction extends to subsequent purchasers (here third owners of home) who purchased home and discovered water damage and mold that allegedly resulted from defective roof and rain gutter construction.
Cases By Kurt Kamrath Alternative Dispute Resolution, May 2008 In a six to three decision, the Supreme Court refused to expand the grounds for court review of an arbitration award.
Cases By Kurt Kamrath Alternative Dispute Resolution, February 2008 Otay River Constructor (Otay) filed two motions to compel arbitration. Otay had multiple agreements with San Diego Expressway (Expressway).
Caution: Res judicata may bar the refiling of a voluntarily dismissed claim By Timothy J. Chorvat & Sarah S. Ruff Civil Practice and Procedure, June 2008 In January of this year, the Illinois Supreme Court decided Hudson v. City of Chicago, No. 100466, 2008 Ill. LEXIS 12 (Ill. Jan. 25, 2008), rehearing denied April 28, 2008.
Celebrate Women’s Equality Day on August 26th By Bella Abzug Women and the Law, October 2008 At the behest of Rep. Bella Abzug (D-NY), in 1971 the U.S. Congress designated August 26 as “Women’s Equality Day.”
Chair’s Column By Hon. Edward J. Schoenbaum Bench and Bar, December 2008 I thought I would take this opportunity to let all of our readers know what we are up to this year.
Chair’s Column By E. Lynn Grayson Women and the Law, December 2008 Given the progress of women attorneys in the legal profession, the need for or relevance of women’s bar associations, including similar groups existing within traditional bar associations, often is questioned.
Chair’s Column By Champ W. Davis Alternative Dispute Resolution, October 2008 The ADR Council is off to a good start in the 2008-2009 Bar year. We have several new members—all of whom are actively involved in alternative dispute resolution.
Chair’s Column By Edward J. Schoenbaum Bench and Bar, October 2008 As chair of the ISBA Bench & Bar Section, I am delighted that H. Thomas Wells Jr. , began his one-year term as ABA President by focusing his support upon the core values that are so important to our members, judges, lawyers, litigants, and the public.
Chair’s Column By E. Lynn Grayson Women and the Law, October 2008 It is my distinct pleasure to serve as Chair of the Women and the Law Committee this year.
Chair’s column By J.A. Sebastian General Practice, Solo, and Small Firm, September 2008 Once again I repeat the scope/mission statement of the General Practice, Solo & Small Firm Section Council: “To promote professional excellence among those engaged in the general practice of law through education relating to substantive legal practice areas and by providing opportunities for the exchange of information particularly pertinent to the needs of solo and small firm practitioners.
Chair’s Column By Hon. Edward J. Schoenbaum Bench and Bar, August 2008 Last month, in my first column, I focused on receiving input from our readers on what the members of the bench and bar would like us to provide them.
Chair’s Column By Hon. Edward J. Schoenbaum Bench and Bar, July 2008 The Bench & Bar Section Council met in St. Louis for its annual meeting on Friday, June 27, 2008. We focused on some planning for the coming years.
Chair’s column By Thomas M. Battista State and Local Taxation, June 2008 A message from Section Chair Thomas Battista.
Chair’s Column By Stanley N. Wasser Alternative Dispute Resolution, May 2008 I would like to begin this column by thanking all of the ADR Section Council members whose knowledge, hard work, inventiveness and dedication make our ADR Section Council a dynamic entity that serves the members of the Illinois State Bar Association, that seeks to enhance and improve the workings of the Illinois court system and who are dedicated to concept that our clients and the public at large–individual, business, government–deserve at times a better way to resolve the inevitable disputes that may arise in our daily comings and goings.
Chair’s Column By Stanley N. Wasser Alternative Dispute Resolution, April 2008 With mind over matter, I see spring coming and that means baseball.