Section Newsletters

Articles From 2013

Supreme Court access to justice initiatives By Hon. Lloyd A. Karmeier Bench and Bar, June 2013 A look at the five proposals that the Supreme Court has recently considered and approved in its effort to improve access to justice.
Supreme Court adopts new foreclosure rules By Hon. Mathias W. Delort Bench and Bar, April 2013 An explanation of the new Illinois Supreme Court Rules that address practice and procedure in foreclosure cases.
Supreme Court affirms award of costs to defendant under F.R.CIV.P. 54 (d)(1) By Michael R. Lied Federal Civil Practice, September 2013 A summary of Marx v. General Revenue Corp.
Supreme Court invalidation of DOMA provisions may require retirement and health plans to extend spousal benefits to Illinois civil union partners; May extend federal tax benefits By Adam M. Fleming Corporate Law Departments, August 2013 In light of the U.S. Supreme Court’s recent landmark decision in U.S. v. Windsor, which invalidated Section 3 of the federal Defense of Marriage Act, the full ramifications of the Supreme Court’s holding are just beginning to come into focus.
Supreme Court issues Bowman v. Monsanto opinion; farmer infringed Monsanto’s patent by growing commodity soybeans purchased from elevator By Jerry W. Quick & Craig J. Sondgeroth Agricultural Law, May 2013 On May 13th, the U.S. Supreme Court issued its opinion in Bowman v. Monsanto.
Supreme Court upholds arbitration agreement with class action waiver “congressional mandate” must be clear to trump By Marji Swanson Labor and Employment Law, October 2013 Although FAA. American Express Co. v. Italian Colors Rest was an antitrust claim, the decision is so broadly written that it could also have implications on class-action waivers in the labor and employment arena.
Supreme Court upholds common law rule that self-settled trusts with spendthrift provisions are per se fraudulent and void as to creditors. Charity able to enforce pledge that donor wished to revoke By Edward J. Mitchell Elder Law, June 2013 A summary of the recent case of Rush University Medical Center v. Sessions.
The Supreme Court’s Vance v. Ball State University decision—Who is a supervisor for purposes of Title VII? By Carlos S. Arévalo Labor and Employment Law, September 2013 On June 24, 2013, the Supreme Court issued its decision in Vance v. Ball State University, which held that an employee is a “supervisor” for purposes of vicarious liability under Title VII if he or she is empowered by the employer to take tangible employment actions against the victim.
Survival strategies and best practices for a personal injury plaintiff law firm By John W. Olmstead, Jr. Law Office Management and Economics, Standing Committee on, November 2013 Many personal injury plaintiff firms are facing challenging times. In the last few years many firms have had to deal with the impact of tort reform, increase competition from other law firms doing extensive advertising, and weathering the last recession.
Taking a bite out of justice By Hon. Michael B. Hyman Bench and Bar, February 2013 A recent study shows that in order to keep mentally fresh and sharp on the bench, a judge should eat a healthy breakfast, never skip lunch, and take a break whenever not feeling his or her most productive.
Taking the plunge with WealthCounsel By Alan R. Press Trusts and Estates, January 2013 This article outlines the author's initial impressions of WealthCounsel, an estate planning system, and he will follow-up in a few months with an update.
1 comment (Most recent January 19, 2013)
Taking video depositions of persons in other countries By Ruphene Sidifall International and Immigration Law, June 2013 Taking a deposition in a foreign country can be complicated, and in some cases it may even be illegal to take a deposition in another country if the person is not licensed or otherwise authorized to take evidence in that jurisdiction.
The tax effects of a civil union dissolution By Ray Prather & Padraig McCoid Federal Taxation, May 2013 While the Civil Union Act relies on the IMDMA for dissolving civil unions and dividing property; federal tax law does not account for these issues in dissolutions with same-sex parties (due to DOMA) and possibly all civil unions (due to the fact that the parties are not married). The Internal Revenue Service has not provided guidance for these issues.
Tax pamphlet: Do you have canceled debt? By James Creech Federal Taxation, August 2013 The Center for Economic Progress has provided a new pamphlet designed to answer frequently asked questions about issues that commonly occur for low income taxpayers.
TCPA damages not punitive By Michael Hoscheit Bench and Bar, September 2013 In Standard Mutual Insurance Co. v. Lay, the Illinois Supreme Court held that “the [Telephone Consumer Protection Act] is remedial and not penal, and the TCPA-prescribed damages of $500 per violation are not punitive damages.” Therefore, an insurer cannot cite to the punitive nature of TCPA damages as a reason to deny coverage.
Technology for seniors By Hon. Edward J. Schoenbaum, Loren S. Golden, Gary T. Rafool, Don Mateer, & Frank V. Ariano Senior Lawyers, October 2013 The latest installment of this regular column, and the registration form for our October 18th program, "Computer Basics for Senior Lawyers."
Technology for seniors By Hon. Edward J. Schoenbaum, Jr., Loren S. Golden, Gary T. Rafool, & Frank V. Ariano Senior Lawyers, June 2013 This is the fourth of what has become a regular column in the ISBA Senior Lawyer Section Council newsletter.
1 comment (Most recent June 8, 2013)
Technology for seniors By Hon. Edward J. Schoenbaum, Frank V. Ariano, & Loren S. Golden Senior Lawyers, February 2013 This is the third installment of what hopefully will become a regular column in this newsletter.
1 comment (Most recent February 13, 2013)
Temporary protected status should be a welcome rule of law By Patrick M. Kinnally International and Immigration Law, October 2013 The author shares his views on our nation's immigration policies.
Ten rules for being human while practicing law By Hon. Michael B. Hyman Bench and Bar, May 2013 10 guidelines worth remembering.
1 comment (Most recent May 14, 2013)
Tetrachloroethylene toxicity changes result in lower liability By Timothy Adams Environmental Law, March 2013 On February 19, 2012, USEPA posted revised toxicity factors to the Integrated Risk Information System, indicating that tetrachloroethylene is a “likely human carcinogen” but has a lower carcinogenic risk potential and a higher non-carcinogenic risk potential that previously assumed by EPA.
Texts and e-mails sent or received during public meetings by board members using personal electronic devices are subject to FOIA By John M. O’Driscoll Local Government Law, September 2013 The first of two reviews of the recent City of Champaign v. Madigan case.
Thank you, Janet Young Lawyers Division, June 2013 After 20 years of working with the YLD, ISBA staff member Janet Sosin is retiring. But we couldn’t let her go without telling her just how much she’s meant to us.
Thank you to our authors By Darrell Dies Trusts and Estates, July 2013 A listing of the articles published in this newsletter over the past year.
Thank you to our authors International and Immigration Law, July 2013 A listing of the articles published in this newsletter during the past year.
That was then, this is now By Robert K. Downs Senior Lawyers, June 2013 Are the good old days long gone? Or are they now and still available to be enjoyed?
There is little interest in interest under the present WC Act By Christine M. Ory Workers’ Compensation Law, August 2013 If P.A. 83-1051 went into effect in July 1984, interest payments on an arbitrator’s award would have accrued at the rate of 9% per annum under §19(n). As of December 2008, the prime rate dropped to 3.25% where it remains. Therefore, if P.A. 83-1051 had gone into effect, the present interest rate on the arbitrator’s award would be at 4.25% per annum. This is nowhere near as good as it was in July 1984 and not as good as the 6% flat rate, but it certainly is better than what we have today.
Things judges love and things they don’t about lawyers By Hon. Robert J. Anderson Family Law, March 2013 A judge's perspective on the things lawyers do well and maybe not quite as well.
Things judges love and things they don’t about lawyers By Hon. Robert J. Anderson Trusts and Estates, March 2013 A judge's perspective on the things lawyers do well and maybe not quite as well.
Third-party litigation financing and the legal job market By Austin Borton Corporate Law Departments, November 2013 TPLF is an outside finance company or hedge fund which infuses capital for litigation in exchange for a share of a plaintiff’s settlement or verdict. Essentially, these finance companies are turning the legal world into a stock market, by investing in litigation.