Articles From 2010 | Illinois State Bar Association

Consumer-directed health plans: Health status, spending, and utilization of enrollees in plans based on health reimbursement arrangements Health Care Law, September 2010 A new GAO report examines the impact of consumer-driven health plans on enrollee health status and spending.

Continuing a proud tradition Diversity Leadership Council, June 2010 Since it first began in 1993, the Korean American Bar Association of Chicago has undergone tremendous growth and change.

The continuing expansion of the Public Safety Employee Benefits Act By Carlos S. Arévalo Local Government Law, June 2010 The Legislature’s failure to specify its intentions will lead to further disputes between cash-strapped local governments struggling to meet the rising costs of operations and disabled safety employees trying to meet and keep up with increasing health care costs.

Convenience accounts—A necessary addition to your estate plan checklist? By Jeffrey A. Mollet Agricultural Law, June 2010 A convenience account could be a valuable tool in developing a comprehensive plan for the parents who are not sure they want to let go of everything just yet.

The Cook County Board of Review v. The Illinois property tax Appeals Board and Fulton House Condominium Assoc., Ill. App. Ct. , First Dist. ( Sept 30, 2009) By William Seitz State and Local Taxation, March 2010 This case involved the 2003 triennial for the 113-unit Fulton House Condominium.

The Cook County Board of Review v. The Property Tax Appeals Board, et al. By William Seitz State and Local Taxation, October 2010 Condominium Association proved with clear and convincing evidence that a violation of uniform assessment occurred.

Cook County’s Department of Administrative Hearings: The new kid on the block By Julie-April Montgomery State and Local Taxation, January 2010 In today’s litigious society, more and more matters are being initially handled outside of the courts and in administrative proceedings—specially matters that involve government enforcement, compliance and collection.

The © Hawk: Illinois anti-piracy law is sunk by copyright preemption By Dale R. Kurth Intellectual Property, June 2010 Even today, sound recordings fixed prior to 1971 do not qualify for federal copyright protection.

Corporate shell game shot down by the First District By Patti Gregory-Chang Administrative Law, January 2010 On September 1, 2009, the First District handed down a ruling in the case of Vino Fino Liquors, Inc. v. License Appeal Commission of the City of Chicago, No. 1-07-3269 (Ill. App. 9/1/2009) (Ill. App., 2009).

Court authorizes employee-by-employee safety penalties By Michael R. Lied Labor and Employment Law, October 2010 Recent changes to OSHA clarify that an employer who fails to provide its employees with respirators or workplace training faces not just one violation, but violations for each employee affected.

Court upholds bonus forfeiture for going to work for competitor By Michael R. Lied Labor and Employment Law, April 2010 This decision provides employers in Illinois a possible way to discourage employees from going into competition without the need to seek enforcement of a noncompete agreement.

Courts dismiss complaints for failure to state a claim By Michael R. Lied Federal Civil Practice, June 2010 Courts in the Seventh Circuit are now regularly being asked to dismiss complaints under the new pleading standards.

Courts should avoid making sausage out of an LLC member’s interest during collection proceedings By Jonathan Linnemeyer Commercial Banking, Collections, and Bankruptcy, June 2010 Two cases-- with very different outcomes-- have challenged the issue of whether a creditor can foreclose a judgment lien on an interest in an Illinois limited liability company.

Courts should avoid making sausage out of an LLC member’s interest during collection proceedings By Jonathan Linnemeyer Business and Securities Law, January 2010 Despite the relatively unambiguous language of Section 30-20 of the Illinois Limited Liability Company Act (805 ILCS 180/30-20) (“Section 30-20”), it appears some courts have difficulty addressing the rights of judgment creditors seeking to satisfy a judgment through a limited liability company member’s interest.

Credit Agreement Act bars evidence of oral promises made by lender By Michael L. Weissman Commercial Banking, Collections, and Bankruptcy, December 2010 A review of General Electric Business Financial Services, Inc. v. Silverman.

Credit history pre-employment checks proscribed by new Illinois Act By Frank M. Grenard Corporate Law Departments, September 2010 The Credit Privacy Act, effective January 1, 2011, prohibits employers from, among other things, ordering a prospective employee's credit report and using it as a reason not to hire.

Cultural fit: One key to a young attorney’s happiness By Bryan J. Johnson Young Lawyers Division, June 2010 When interviewing for a job, be sure to focus on the firm’s culture and determine if and how well you would fit in.

The curious relationship between arbitration and insurer bad faith under Illinois law By David M. Kroeger Insurance Law, August 2010 There is something unsettling about an arbitration clause that is silent on the issue of bad faith being construed in a way that potentially immunizes an insurer from liability for its bad faith conduct.

Daley Center 101 By Amy Kelly Young Lawyers Division, October 2010 A quick and helpful guide to navigating the Daley Center in Chicago.

The dance of legislation: Shell bills By Lee Beneze Elder Law, August 2010 The term "shell bill" is often used during legislative session. What is it, and how is it used?

1 comment (Most recent August 16, 2010)

Dealing with federal tax liens—An introduction to the issues By Charles Yordi, III Agricultural Law, July 2010 This article first explains the rule illustrated in United States v. Drye, and then applies it to several scenarios involving Illinois state law.

Decisions illustrate difficulties of slip and fall cases By Robert T. Park Civil Practice and Procedure, March 2010 Two recent decisions illustrate the requirements and attendant difficulties of successfully prosecuting a plaintiff’s personal injury claim arising from a slip and fall accident in Illinois.

Declining to compel arbitration on public policy grounds: Thomas v. Carnival Corp. By Alex C. Lakatos International and Immigration Law, August 2010 This case is significant because it takes what may be deemed a broad view of when it is appropriate to decline to compel arbitration based on the “public policy” affirmative defense.

Defendant’s failure to appear in court during a speedy trial demand causes waiver of demand By J. Brick Van Der Snick Traffic Laws and Courts, June 2010 The First District Appellate Court reversed the trial court's finding that Defendant’s failure to appear in court temporarily suspended but did not waive the 160-day speedy trial period.

Defending tickets given for passing a school bus By Rachel J. Hess Traffic Laws and Courts, March 2010 In Illinois, the driver of a vehicle shall stop such vehicle before meeting or overtaking, from either direction, any school bus stopped at any location for the purpose of receiving or discharging pupils.

Defending “unlicensed” drivers in the State of Illinois and creation of an Illinois Special Driver’s License Certification Program By Neal Connors Traffic Laws and Courts, August 2010 Establishing a special driver’s license certification program which is legally verifiable, fee-based, and state-administered, ensures that tens of thousands of unlicensed drivers in Illinois obtain driving privileges subject to regulations established to protect the citizens of the State of Illinois.

1 comment (Most recent August 24, 2010)

Deficit Reduction Act coming to Illinois! Elder Law, August 2010 View the new rules here.

Defining a relevant market? Better get your experts ready By Beth L. Fancsali & James J. Hegarty April 2010 An examination of the Kentucky Speedway, LLC v. National Ass’n of Stock Car Auto Racing, Inc. case, and the new Sixth Circuit's opinion emphasizing the importance of economics in reaching the core of the relevant market definition.

Developments in Swiss business law in the first half of 2010 By Florian S. Jörg International and Immigration Law, October 2010 A look at recent Swiss legislation affecting businesses.