Section Newsletters

Articles From 2013

A lesson in drafting and interpreting orders: The Illinois Supreme Court rules that order dismissing complaint was not final for purposes of res judicata in Hernandez v. Pritikin By Chelsea C. Ashbrook Bench and Bar, April 2013 The facts of this case and the Court’s analysis provide valuable lessons to practitioners in drafting and interpreting circuit court orders.
Letter from the editor By James Creech Federal Taxation, October 2013 An introduction to the issue from Editor James Creech.
Letter from the editor By James Creech Federal Taxation, August 2013 A message from newsletter editor James Creech.
Letter from the editor By James Creech Federal Taxation, May 2013 An introduction to the issue from Editor James Creech.
Letter from the editor By James Creech Federal Taxation, March 2013 An introduction to the issue from Editor James Creech.
Lifetime gifts and the Illinois Estate Tax By Matthew L. Brown Trusts and Estates, April 2013 The author explains the computation of the Illinois estate tax and provides some practical guidance for evaluating a client’s estate tax exposure.
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Limited liability companies, life insurance and business succession development planning By Randall H. Borkus Elder Law, April 2013 Transitioning ownership of a business to the next generation can be pretty complex stuff for many business owners so we really need alternatives to offer our business clients.
Linscott R. Hanson, 1937-2013 Animal Law, August 2013 Mr. Hanson was instrumental in the creation of the Illinois Pet Trust Act, which became law in 2004.
A little more confusion from the PAC on closed sessions By Ruth A. Schlossberg Local Government Law, July 2013 Two recent confusing opinions issued by the Public Access Counselor have the potential to limit a public body’s ability to reach consensus and to plan future action in closed sessions.
Lloyd’s liable for more than $62 million based on environmental claims under “all sums” approach, plus 10 percent penalty and attorney fees for vexatious refusal to pay claims By John J. Barber Insurance Law, June 2013 A summary of the recent Missouri case of  Doe Run Resources Corp. v. Certain Underwriters at Lloyd’s.
Local governmental immunity for recreational property By Brian Murphy Tort Law, June 2013 The recreational property immunity is a powerful affirmative defense and a game changer of which attorneys for both plaintiffs and defendants should be aware.
Log rolling vs. the single subject rule By Stanley R. Kaminski & Elinor L. Hart State and Local Taxation, January 2013 As the cases discussed in this article demonstrate, the definition of a “single subject” is amorphous and the application of the “single subject” rule is jurisdiction-specific and appears largely subjective.
Luccio, Intentional Interference w/ an Expectancy & the six-month non-claim statute By William R. Kuehn & Natalie M. Kuehn Trusts and Estates, September 2013 Where a trust contest under 8-1(f) is unavailable to a potential plaintiff because of the plaintiff’s lack of awareness, the plaintiff may proceed with an intentional interference claim after the six-month limitation period has run. How much awareness or lack thereof will courts require to determine whether a party is getting a second bite at the apple?
The mailbox rule and Section 19(f)(1) By Richard D. Hannigan Workers’ Compensation Law, August 2013 On August 1, 2013, the Supreme Court of the State of Illinois issued its decision in Gruszeczka v. IWCC. The issue in this case was whether a proceeding for judicial review of a Commission decision under section 19(f)(1) begins or is started when the Request for Summons and the proof of payment of the probable cost of the record are placed in a mailbox or when they are file stamped by the Clerk of the Circuit Court.
Mailing = Filing for workers’ compensation review By Carl R. Draper Administrative Law, October 2013 On August 1, 2013, the Illinois Supreme Court reviewed a long history of the process for review of decisions of the Workers’ Compensation Commission and found that the procedures for advancing the case from the administrative agency to the courts for judicial review was part of an appeal process very much like the appeal process in most civil litigation.
Mark your calendars now! Young Lawyers Division, October 2013 Be sure to save the date for this year's Annual YLD Holiday Party, to be held on Friday, December 6, 2013.
Mark your calendars now! Young Lawyers Division, August 2013 Be sure to save the date for this year's Annual YLD Holiday Party, to be held on Friday, December 6, 2013.
Marketplace Fairness Act of 2013 passes United States Senate By Stanley R. Kaminski & Carolyn Sprinchorn State and Local Taxation, May 2013 On May 6, 2013 the U.S. Senate passed the Marketplace Fairness Act of 2013 by a vote of 69 to 27. The legislation now moves to the U.S. House of Representative for consideration.
May a condemnor abandon its take? By Bryan P. Lynch Real Estate Law, July 2013 The law is clear: When the owner is defending against the taking of property rights initially deemed necessary but subsequently abandoned, the condemnor should bear the burden of its own changed mind.
McBurney v. Young: Freedom of Information, the Privileges and Immunities Clause and the Dormant Commerce Clause By Yolaine Dauphin Administrative Law, October 2013 On April 29, 2013, the United States Supreme Court issued its opinion in McBurney v. Young,  upholding the validity of the Virginia Freedom of Information Act, which made public records “open to inspection and copying by any citizens of the Commonwealth,” without granting a similar right to non-citizens.
Mediation for senior lawyers By Patrick J. Hitpas Senior Lawyers, February 2013 Even if you have done well without mediation in your practice, you may want to use mediation as a resource as you continue your legal career. You may find that mediation helps to make your practice even more successful and enjoyable.
Medicaid: Alternative measures could be used to allocate funding more equitably Health Care Law, June 2013 GAO Looks at Medicaid Funding Formula: In a recent report the Government Accountability Office (GAO) looked at the funding formula for Medicaid and concluded that alternatives to the current formula might make sense and work in a more appropriate manner. This issue contains a summary of the GAO’s report.  
Medical marijuana comes to Illinois—What it means for Illinois employers By E. Jason Tremblay Labor and Employment Law, December 2013 Now that Illinois allows the use of marijuana for medicinal purposes, employers in this state should take steps now to understand the new law and to prepare for its consequences.
Meet the Section Council International and Immigration Law, February 2013 Learn more about the members of the Section Council.
Mentors needed for ISBA Lawyer-to-Lawyer Mentoring Program By Peter L. Rotskoff Corporate Law Departments, December 2013 Read more about this important program and sign up to become a mentor today!
Mentors needed for ISBA Lawyer-to-Lawyer Mentoring Program By Peter L. Rotskoff Insurance Law, December 2013 Read more about this important program and sign up to become a mentor today!
Mentors needed for ISBA Lawyer-to-Lawyer Mentoring Program By Peter L. Rotskoff Federal Civil Practice, December 2013 Read more about this important program and sign up to become a mentor today!
Mentors needed for ISBA Lawyer-to-Lawyer Mentoring Program By Peter L. Rotskoff Trusts and Estates, December 2013 Read more about this important program and sign up to become a mentor today!
Mentors needed for ISBA Lawyer-to-Lawyer Mentoring Program By Peter L. Rotskoff Family Law, December 2013 Read more about this important program and sign up to become a mentor today!
Mentors needed for ISBA Lawyer-to-Lawyer Mentoring Program By Peter L. Rotskoff Commercial Banking, Collections, and Bankruptcy, December 2013 Read more about this important program and sign up to become a mentor today!