Section Newsletters

Articles From 2009

Time is of the essence, or is it? By John B. Kincaid Civil Practice and Procedure, October 2009 Two recent Rule 23 Orders decided by separate panels of the Second District Appellate Court appear to conflict as to whether a court can limit the cross-examination of a witness or the submission of evidence which supports the litigant’s case.
Timing is everything: Jury instructions and Supreme Court Rule update By Hon. Barbara Crowder Civil Practice and Procedure, October 2009 An examination of the changes to Jury Instruction 1.01 issued in May 2009 and the June 2009 modification of Supreme Court Rule 239 effective September 1, 2009.
Tips for working with the fighting family By Martin W. Siemer Elder Law, April 2009 Some tips and suggestions for dealing with a fighting family.
To C or not to C….With apologies to Shakespeare By Gregory A. Zbylut Federal Taxation, March 2009 It’s the bane of every attorney—the client who doesn’t pay.
To Pre or not to Pre: My initial impressions of Palm’s new smart phone By Nerino J. Petro Legal Technology, Standing Committee on, July 2009 The author finds that Palm did an excellent job with the new phone and has so far been enjoying it. 
Top 10 tips for Adobe Acrobat Professional 8 By Roy Greenberg Legal Technology, Standing Committee on, February 2009 The author's 10 best tips for using Adobe Acrobat Professional 8, with an emphasis on communicating with people who are resistant to learning about PDFs.
The top 10 tips for representing juveniles By Mary F. Petruchius Child Law, June 2009 10 tips to help assist the private practitioner in achieving true success with the juvenile client, not just the juvenile case.
Top 11 tips for Adobe Acrobat Professional 9 By Roy Greenberg Legal Technology, Standing Committee on, February 2009 The author provides tips for use for users that will even work with older versions of Acrobat.
Transfer on death designations and title to real estate By Werner Gruber Elder Law, July 2009 Various methods exist to transfer property outside probate upon one’s death. One such tool, developed for use with bank accounts, involves a pay-on-death (POD) designation. Another tool, developed for use with securities, involves a transfer-on-death (TOD) designation.
Transparency and the Open Meetings Act By Maryann Bullion Local Government Law, April 2009 Despite the fact that the Supreme Court recognized the need for transparent government in 1860, this policy was not codified as the Open Meetings Act until 1957, and the Freedom of Information Act was not enacted by the legislature until 1984.
Trapping Peter to Save Paul: How Marzano creates a jurisdictional trap for defendants By Michael G. Cortina Commercial Banking, Collections, and Bankruptcy, January 2009 A brief review of GMB Financial, Inc. v. Marzano and a discussion of how the court dealt with jurisdictional matters and how unwary defendants may find themselves giving the court jurisdiction, even on void judgments, without even realizing it.
Trilogy of U.S. Supreme Court cases continues trend favoring arbitration By Robert E. Wells, Jr. Alternative Dispute Resolution, November 2009 The U.S. Supreme Court issued three opinions which generally (but not universally) continues its trend favoring arbitration. These cases follow the reiterated federal policy favoring alternative dispute resolution, in general, and arbitration, in particular. However, unanimity is not a mainstay of the opinions issued.
Truancy—A view from Rockford By Kathryn Bischoff Child Law, March 2009 Rockford's Municipal Truancy Ordinance, enacted in January 2007, makes it unlawful for a student who is subject to compulsory education laws (age six through 16) to miss one or more periods of the school day without valid cause.
Trusts and Estates Section Council Legislative Update By Ray J. Koenig, III & MacKenzie Hyde Trusts and Estates, March 2009 This article reviews bills pending in the 96th Session of the Illinois General Assembly that impact our practice areas.
Truth-In-Sentencing Guide By Steve Baker Criminal Justice, April 2009 730 ILCS 5/3-6-3(a)(2)
Two new laws require employers to extend health benefits By Jim McGrath Corporate Law Departments, January 2009 Recently President Bush signed Michelle’s Law, prohibiting health insurance companies from terminating coverage for dependent college students who are forced to leave school due to a medical condition or serious injury.
Two recent cases address who must be insured for UIM coverage By Kevin W. Bloese Insurance Law, October 2009 Two recent appellate court decisions, Schultz v. Illinois Farmers Insurance Company, 387 Ill. App. 3d 622, 327 Ill. Dec. 224, 901 N.E.2d 957 (1st Dist. 2009), and DeSaga v. West Bend Mutual Insurance Company, ___ Ill. App. 3d ___, 331 Ill. Dec. 86, 910 N.E.2d 159 (3d Dist. 2009), will require that automobile insurers use a uniform definition of an “insured” for the liability, Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage.
Two recent Seventh Circuit decisions discuss the adequacy of evidence regarding receipt of notice in administrative proceedings By Andrew Creighton Administrative Law, December 2009 Laouini v. CLM Freight Lines, Inc. and Dakaj v. Holder
Uncertain times for estate planners: What changes loom for 2009? By Jesse T. Coyle Trusts and Estates, July 2009 Several possible changes that may occur in the very near future pose great uncertainty for estate planners. The biggest uncertainty revolves around the estate tax.
Undocumented worker is awarded permanent total disability benefits By Kevin S. Botha Workers’ Compensation Law, March 2009 In a landmark decision, Economy Packing Co v. Illinois Workers’ Compensation Comm’n, the Appellate Court affirmed an order from the Circuit Court of Cook County which confirmed the decision of the Illinois Workers’ Compensation Commission that awarded the Petitioner permanent total disability benefits pursuant to the Workers’ Compensation Act.
Uniform Principal and Income Act 2008 Amendments: Coming to a state near you? By Adrienne M. Penta & Lauren J. Wolven Trusts and Estates, February 2009 Anyone serving as a trustee of a trust subject to a principal and income act should be aware of the amendments to the uniform act discussed in this article. 
The University of Illinois Energy Biosciences Institute Announces first annual Biofuels Law and Regulation Conference Agricultural Law, April 2009 The First Annual Biofuels Law and Regulation Conference: Incentivizing Second-Generation Biofuels, sponsored by the University of Illinois Energy Biosciences Institute’s (EBI) Biofuels Law and Regulation Program, will be held at the new University of Illinois I-Hotel in Champaign, Illinois on April 24-25, 2009.
Up-to-the-Minute Legislation Update Trusts and Estates, June 2009 The minutes from the most recent Trusts & Estates Section meeting.
Update on Supreme Court Rule 103(b): Filing the complaint is not enough By Jim Williams & Denise Hemmer Civil Practice and Procedure, January 2009 Illinois Supreme Court Rule 103(b) has required reasonable diligence in obtaining service for years.
Update on vapor intrusion rulemaking By Becky J. Schanz Environmental Law, July 2009 In September 2008, the Illinois EPA submitted Rulemaking 09-9 amendments which add indoor inhalation exposure routes for vapor intrusion to TACO and update the remediation objectives for all exposure routes.
Update regarding First-Time Homebuyer Tax Credit By Emily R. Vivian Real Estate Law, April 2009 As part of the American Recovery and Reinvestment Act of 2009, the first-time homebuyer credit is extended to principal residences purchased before December 1, 2009.
U.S. charities and international philanthropy: What you need to know By Stephanie J. Bagot Corporate Law Departments, December 2009 International giving by U.S. charities is estimated to have reached a record in 2007 of $5.4 billion.
U.S. courts wrestle with “manifest disregard” after Hall Street By Jeffrey W. Sarles International and Immigration Law, October 2009 Notwithstanding the controversy over the full meaning of Hall Street, there can be no doubt that the decision reconfirmed the narrow scope of judicial review of arbitral awards.
U.S. Supreme Court expands employees’ ability to pursue retaliation claims By Kathryn Woodward Labor and Employment Law, May 2009 The United States Supreme Court recently decided that an employee who answers questions about alleged harassment during an internal investigation may later pursue a retaliation claim even where the employee did not initiate the complaint.  
Use and misuse of the MDDP By Lisa L. Dunn Traffic Laws and Courts, September 2009 This article will discuss: (1) the parameters of the MDDP program; (2) the MDDP offender’s responsibilities in conjunction with the use of the MDDP; (3) violations of the MDDP program; (4) sanctions authorized for violations of the MDDP program; and (5) the right to a hearing to contest the cancellation of the MDDP or extension of the summary suspension.