Past chair’s columnBy John H. MavilleApril 2000Most of you are probably familiar with proposed Rule 1.17. This rule would permit the sale of the goodwill of a law practice by a sole practitioner.
Practice alertBy James F. DunnebackAugust 2000The General Assembly recently amended the Illinois Power of Attorney Act. The amendments, which are significant, became effective for all durable powers of attorney executed on or after June 9, 2000.
Practice trap: Baby Richard turns mischievous?By Terrence M. MadsenDecember 2000Has "Baby Richard" created jurisdictional land mines outside of the Adoption Act that could affect the integrity of sound and secure relationships developed pursuant to the Parentage Act?
Quick reference guide to the Business Corporation Act—Part IBy Timothy E. DugganMay 2000I have not found the Business Corporation Act to be user-friendly. Most of the lack of clarity is due to the organizational problems of drafting the desired flexible inter-related and alternative methods of corporate organization, operations, and flow of authority.
Reasonable accommodation: A new battleground in employer/ employee disputesBy Donald A. LoBueDecember 2000Whether or not illnesses and injuries constitute a disability within the meaning of the Americans with Disabilities Act (ADA) and whether or not the employer provided mandated reasonable accommodation has become an active, new battleground in employer/employee disputes.
Recent criminal law cases decided by the Illinois Supreme CourtBy Michele M. JochnerSeptember 2000In this case, the State appealed from a decision by the appellate court that permitted defendant to challenge the length of his prison sentence without first filing a motion to withdraw his guilty plea.
Recent legislation effective June 1, 2000By John T. PhippsMay 2000The Automatic Contract Renewal Act becomes effective June 1, 2000. The Act defines "contract" and "parties" and provides, "If a contract is subject to automatic renewal, the clause providing for automatic renewal must appear in the contract in a clear and conspicuous manner.
Refusal to play—the insurer must payBy David SpagatDecember 2000What to do in the pursuit of your valid claim when treated unfairly by your own carrier?
The Tradition of Excellence Award applicants soughtBy Donald A. LoBueApril 2000The General Practice Section has established a Tradition of Excellence Award. All lawyers licensed to practice law in Illinois, including sitting or retired judges, are eligible.
The U.S. Supreme Court rules that “bare-boned” anonymous tips are insufficient to justify a Terry stop and friskBy Michele M. JochnerMay 2000Over the last decade, law enforcement authorities have had little occasion to criticize the Fourth Amendment jurisprudence of the United States Supreme Court, as the Justices have regularly given police officers increased latitude to conduct searches, particularly in cases involving automobiles or narcotics.
What you need to know about grandparent visitationBy Michael K. GoldbergMarch 2000The death of a spouse elicits a myriad of emotions, and the pain of losing a loved one is certainly exacerbated when there are surviving minor children.
Whoops—there goes that second worker’s compensation feeBy Terrence M. MadsenAugust 2000The Illinois Supreme Court has either clarified or declared—depending on your perspective—that the statutory 25% attorney fees for recovery of reimbursement for an employer who has made a worker's compensation payment is, as a practical matter, at best a part of, and not in addition to, any fee amount contracted with an employee.
Workers’ compensationBy Bernard WysockiApril 2000The short answer is "yes." Recently, in Joe W. King v. Industrial Commission et al. (R.R. Donnelly), (Ill.Sup.Ct. No. 87099, 1/21/2000), the Illinois Supreme Court held that a former employee, who had been awarded permanent total disability under § 8(f) of the Workers' Compensation Act, could subsequently be required to submit to an independent medical examination requested by a former employer.