Section Newsletters

Articles From 2008

Editor’s note By Gary R. Gehlbach Real Estate Law, May 2008 Most of us remember the remark of the gentleman pointing to the man in the casket and remarking: “Brothers and sisters I have none.
Editor’s note By Paul E. Freehling Administrative Law, May 2008 A message from Editor Paul Freehling.
Editor’s note By John L. Nisivaco Tort Law, April 2008 The first article, written by William Cirignani, is designed to educate and assist litigators new to bile-duct injury cases.
Editor’s note By Gary R. Gehlbach Real Estate Law, April 2008 The March 2008 issue of this newsletter featured an article by Adam Whiteman about the Illinois Home Repair and Remodeling Act and recent appellate decisions addressing the impact of that Act.
Editor’s note By John L. Nisivaco Tort Law, March 2008 A message from Editor John Nisivaco.
Editor’s note By Gary R. Gehlbach Real Estate Law, March 2008 The Bar Association’s fiscal year is July 1 through June 30, and this newsletter, as well as the other ISBA publications, follow this cycle.
Editor’s note By Gary R. Gehlbach Real Estate Law, February 2008 The ISBA/CBA Joint Committee on Ethics 2000 has developed and presented new Rules of Professional Conduct to the Illinois Supreme Court.
Editor’s note By John L. Nisivaco Tort Law, January 2008 The first article of this edition is written by Tort Law Section Council Member, Dan Wurl. Mr. Wurl’s article provides an excellent primer on issues relating to the disclosure of witnesses pursuant to Supreme Court Rule 213.
Editor’s note By Thomas D. Cavenagh Alternative Dispute Resolution, January 2008 Once again, we welcome new student editors for this year’s volume. Ashley Crettol is a senior Psychology major and Math minor at North Central College.
Editor’s note By Gary R. Gehlbach Real Estate Law, January 2008 In case you missed Marylou Lowder Kent’s excellent summary of recently passed Illinois legislation (December 2007, Vol. 53, No. 6), Jim Weston has provided another summary.
Editor’s notes By Michelle L. Thoma-Culver Corporate Law Departments, October 2008 The focus of this month’s edition of The Corporate Lawyer is primarily on employment law issues faced by corporations.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, September 2008 Workers' Compensation updates from Editor Rich Hannigan.
Editor’s notes By Richard D. Hannigan Workers’ Compensation Law, March 2008 The co-editors of this newsletter appreciate the positive feedback we have received for each issue that we have produced.
EEOC issues ADA guidance on applying performance and conduct standards to employees with disabilities By Mary Theresa Metzler & Karen D. McCarthy Corporate Law Departments, October 2008 On September 3, 2008, the EEOC issued “a comprehensive question-and-answer guide addressing how the Americans with Disabilities Act (ADA) applies to a wide variety of performance and conduct issues.”
EEOC issues guidance on employment testing By Michael R. Lied Labor and Employment Law, June 2008 The Equal Employment Opportunity Commission (EEOC) recently released a fact sheet that provides employers guidance on employment related testing and selection methods.
Elections—When does an arrearage make a person ineligible for an elective municipal office? By John H. Brechin Local Government Law, May 2008 Two recent cases have addressed questions concerning eligibility to run for political office and provide welcome guidance to municipal electoral boards which have to rule on objections raising these issues.
Electronic discovery in antitrust litigation By Jason Fliegel September 2008 As the scope, volume, and use of electronically stored information in day-to-day life has increased, so too has electronic discovery become an increasingly prevalent and expensive part of litigation.
Emergency plans set for Circuit Courts By Justice Lloyd A. Karmeier Bench and Bar, December 2008 When disaster strikes, government’s first priority is the physical safety of its citizens.
Eminent domain—How do you value a leasehold interest? By John H. Brechin Local Government Law, October 2008 In 2002, IDOT filed an eminent domain action to acquire a portion of property owned by the Defendant, East Side Development.
Eminent domain—SWIDA is still alive! By John H. Brechin Local Government Law, December 2008 In the lawsuit prior to City of Chicago v. Midland Smelting Company, the City attempted to acquire Midland’s property through its use of the power of eminent domain.
Eminent domain—Who is an owner? By John H. Brechin Local Government Law, October 2008 The Anderson case involved the issue of who is properly considered an owner in an eminent domain proceeding and thereby entitled to the statutory rights attendant thereto.
Employee has claim for harassing workplace behavior not directed at her By Michael R. Lied Labor and Employment Law, September 2008 Reeves worked as a Transportation Sales Representative for C.H. Robinson Worldwide, Inc. (“CHRW”) in its Birmingham, Alabama branch office. She was the only female TSR in the office.
Employee lawfully discharged after objecting to disclosing protected health information By Michael R. Lied Labor and Employment Law, September 2008 Rockwell Lime Company, seeking competitive bids for group health insurance, requested its employees authorize the disclosure of their protected health information to insurance companies for the purpose of pre-enrollment underwriting and risk rating.
Employee seeking to include per diem in average weekly wage has the burden of proving real economic gain By Erica N. Rogina Workers’ Compensation Law, September 2008 In United Airlines v. Workers’ Compensation Commission, 382 Ill.App.3d 437, 887 N.E.2d 888 (1st Dist. 2008), Justice Hoffman, writing for a unanimous court, vacated the Commission’s calculation of the petitioner’s average weekly wage, finding that the per diem paid to the petitioner is not to be automatically included in the average weekly wage, but rather, as a workers’ compensation claimant, the petitioner must meet her burden of proof on this issue by establishing that she actually realized an economic gain.
Employer loses insurance coverage for failure to timely report a claim of discrimination By Michael R. Lied Labor and Employment Law, September 2008 The lesson here? Read your policy requirements. Arrowood Indemnity Co. refused to defend Westrec Marine Management Co., because Westrec failed to timely report a claim of discrimination.
Employers beware: Illinois gives employees ticket to take discrimination claims to state court By Ellen M. Girard Corporate Law Departments, February 2008 Major amendments to the Illinois Human Rights Act (“Act”) will give complainants the choice of taking their Illinois Department of Human Rights (“IDHR”) charges on to Illinois circuit courts – regardless of the outcome at the IDHR. Previously, complainants could only proceed before the Illinois Human Rights Commission (the “Commission”) – but only in cases where the IDHR found substantial evidence or did not timely complete its investigation.
Employer’s challenge to unemployment benefits may be evidence of unlawful retaliation By Michael R. Lied Labor and Employment Law, February 2008 In Burlington Northern & Santa Fe R.R. Co. v. White, ___ U.S. ___, 126 S. Ct. 2405 (2006), the Supreme Court held that an employee subjected to employer conduct, whether inside or outside the workplace, that might dissuade an objectively reasonable worker from making or supporting a charge of discrimination, suffers a sufficiently adverse action to state a retaliation claim under Title VII.
Employer’s confidentiality policy violates labor law By Michael R. Lied Labor and Employment Law, September 2008 The NLRB alleged that Northeastern Land Services, Ltd. violated Section 8(a)(1) of the National Labor Relations Act by maintaining, in its employment contracts, an overbroad confidentiality provision, and by terminating employee Dupuy for breaching that policy.
Employer’s test for tobacco use might violate ERISA By Michael R. Lied Labor and Employment Law, June 2008 A summary of Rodrigues v. The Scotts Co., LLC and EG Sys., Inc., d/b/a Scotts Lawnservice.
Employment claims based on association with another person By Michael R. Lied Labor and Employment Law, December 2008 You can imagine the unseen narrator on Desperate Housewives, Mary Alice Young, saying something like this: Relationships: From birth we begin to form relationships with others. Our deepest relationships are usually with close family members. Those relationships can bring incredible joy, but sometimes also carry legal entanglements.