Section Newsletters

Articles From 2013

A different standard must be applied for whether an injury is work-related for a “traveling employee” in workers’ compensation cases By Peter C. Wachowski Workers’ Compensation Law, October 2013 The Appellate Court reversed the trial court’s findings in Kertis v. Illinois Workers’ Compensation Comm’n, when it held that the Commission erred by not applying the traveling employee standard in its determination of whether the injury arose out of and in the course of employment.
The difficulty in understanding and applying Section 5/513(a)(1) of the IMDMA By Marc K. Schwartz & Staci Balbirer Family Law, June 2013 When attempting to calculate support for a disabled child, looking for guidance under the statute will leave you asking questions. This article will simplify how to calculate support and the options available to your client.
DiMatteo case clarifies requirements for pleading a cause of action for will contest/tortious interference with testamentary expectancy By Edward J. Jarot Trusts and Estates, September 2013 The recent decision in In re Estate of Richard DiMatteo has clarified the requirements to successfully plead a cause of action for invalidating a last will and testament.
Disposition of frozen embryos is governed by contract By Michele M. Jochner Bench and Bar, November 2013 The case of Szafranski v. Dunston has drawn nationwide attention as it not only addresses emerging, cutting-edge legal issues with respect to the use of reproductive technology, but it also has engendered emotionally-charged debate regarding fundamental questions concerning the creation of families and whether a person can change his or her mind about being a potential parent.
Do law students need a business card? By Marie K. Sarantakis Young Lawyers Division, October 2013 Some say it’s tacky, unnecessary, impractical and environmentally unfriendly—The author says it’s essential.
Doctrine of Election: Illinois Supreme Court rules after 50 years By David Feinberg Trusts and Estates, June 2013 The Illinois Supreme Court most recently reversed both the circuit court and appellate court’s decision applying the doctrine of election to a severable trust amendment with its opinion filed April 4, 2013 in the Estate of Robert E. Boyar.
The Doctrine of Necessaries—Coming to a state near you? By Paul A. Meints Trusts and Estates, February 2013 In Emerson Village, LLC. v. Jode, a Massachusetts trial court recently ruled that a wife is legally responsible for the cost of her husband’s nursing home care under the doctrine of necessaries.
Does an affidavit really prove a privilege? By David J. Balzer Bench and Bar, November 2013 Unlike summary judgment motions and proving service on an individual, there is no Supreme Court Rule, Code of Civil Procedure section or Rule of Evidence carving out an exception that permits the use of an affidavit to prove a privilege. In other words, your opposing counsel has a decent argument that your affidavit is inadmissible hearsay. Ignoring this risks falling short of meeting your burden.
Does an affidavit really prove a privilege? By David J. Balzer Civil Practice and Procedure, September 2013 Unlike summary judgment motions and proving service on an individual, there is no Supreme Court Rule, Code of Civil Procedure section or Rule of Evidence carving out an exception that permits the use of an affidavit to prove a privilege. In other words, your opposing counsel has a decent argument that your affidavit is inadmissible hearsay. Ignoring this risks falling short of meeting your burden.
Does the American Taxpayer Relief Act eliminate the need for credit shelter trusts? By George L. Schoenbeck Trusts and Estates, February 2013 Although it serves as a welcome addition to the Internal Revenue Code that will be of some use to estate planners, portability fails to address many of the issues handled by revocable credit shelter trusts.
Does the American Taxpayer Relief Act eliminate the need for credit shelter trusts? By George L. Schoenbeck Young Lawyers Division, February 2013 Although it serves as a welcome addition to the Internal Revenue Code that will be of some use to estate planners, portability fails to address many of the issues handled by revocable credit shelter trusts.
Does the Savings Statute save the day? By Kevin Lovellette Government Lawyers, June 2013 In situations where the Illinois Savings Statute allows a plaintiff one year to re-file a cause of action, this time limit may not be tolled by a pending appeal.
Does the Second Amendment present a human-rights issue? By Evan Bruno Human and Civil Rights, December 2013 There can be no doubt that the Second Amendment to the Bill of Rights is alive and well. But to what extent does the right to “keep and bear arms” constitute a “human right?”
Domestic relations lawyers go to probate court By Hon. Timothy J. McJoynt Family Law, May 2013 As a result of the recent case of In Re the Marriage of Karbin, domestic relations attorneys should become well-versed in probate law.
Don’t call it a crisis: Examining the issue of medical malpractice tort reform and damage caps in Illinois By Damon Ritenhouse Tort Law, January 2013 A comprehensive look at medical malpractice tort reform in Illinois.
1 comment (Most recent January 10, 2013)
Don’t text and legislate, or suffer the FOIA consequences By Timothy J. Clifton Local Government Law, September 2013 On July 16, 2013, the Illinois Fourth District Appellate Court published their opinion in City of Champaign v. Madigan, addressing the Freedom of Information Act’s applicability to text messages sent or received by public officials.
Drug compounding: Clear authority and more reliable data needed to strengthen FDA oversight Health Care Law, September 2013 In the last year, there have been several instances of contamination and patient injury in widely used drugs supplied to physicians and hospitals by drug compounding companies. The most recent incident was in August of this year involving a Texas compounding company. The Government Accountability Office (GAO) released a report in July 2013 looking at the issue of regulatory oversight of compounding companies. A summary of the GAO report is included in this issue.
E-service—It is time to serve others as you would wish to be served By Carl R. Draper Legal Technology, Standing Committee on, February 2013 In late October, 2012, the Supreme Court announced revisions to the Rules of Civil Procedure relating to service of pleadings effective on January 1, 2013. The change made in Rule 11 allowed service of documents to be completed by electronic submission.
Early lessons from a post-AMA world By Robert J. Finley Workers’ Compensation Law, June 2013 With several Commission decisions on the horizon, what impact might these early post-reform AMA decisions have on practitioners?
Easier to petition some alternate bonds/Harder to document certain coverages By Kurt P. Froehlich Local Government Law, October 2013 P.A. 98-0203, effective January 1, 2014, has somewhat eased the process for obtaining a petition to drive to referendum the issuance of alternate bonds.
Editor’s column: Are we missing opportunities? By John T. Phipps General Practice, Solo, and Small Firm, January 2013 As we start the new year it is a good time to take a fresh look at how we screen our cases and what we do when we hear “I need your help but I have no money.”
Editor’s column: Smart phones, electronic tablets, and new computer operating systems and software—Once again changing how we practice By John T. Phipps General Practice, Solo, and Small Firm, April 2013 Editor John Phipps discusses the advantages of upgrading your computer's hardware.
Editor’s column: Technology really is for seniors! By John T. Phipps General Practice, Solo, and Small Firm, October 2013 With the new advances in technology, life for non-techie lawyers has become a whole lot easier.
Editor’s comment By Rebecca A.D. Nelson May 2013 An introduction to the issue from editor Rebecca A.D. Nelson.
Editor’s comment By Rebecca A.D. Nelson January 2013 An introduction to the issue from Editor Rebecca A.D. Nelson.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, December 2013 An introduction to the issue from Editor Lew Matuszewich.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, November 2013 An introduction to the issue from editor Lew Matuszewich.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, October 2013 An introduction to the issue from Editor Lew Matuszewich.
Editor’s comments By Lewis F. Matuszewich International and Immigration Law, September 2013 An introduction to the issue from Editor Lew Matuszewich.
Editor’s comments By Richard D. Hannigan Workers’ Compensation Law, August 2013 Updates of interest to Workers' Compensation Law practitioners from newsletter editor Rich Hannigan.