Reasonable accommodation: A new battleground in employer/ employee disputesBy Donald A. LoBueGeneral Practice, Solo, and Small Firm, December 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.
Refusal to play—the insurer must payBy David SpagatGeneral Practice, Solo, and Small Firm, December 2000What to do in the pursuit of your valid claim when treated unfairly by your own carrier?
U.S. Supreme Court holds police cannot use road blocks to obtain evidence of ordinary criminal wrongdoingBy John T. PhippsGeneral Practice, Solo, and Small Firm, December 2000In City of Indianapolis v. Edmond, 2000 WL 1740936, affirmed, the U. S. Supreme Court held that an Indianapolis road-block program was unconstitutional because it violated the Fourth Amendment prohibition against unreasonable searches and seizures.
The nuts and bolts of representing physicians at hospital disciplinary hearingsBy Michael K. GoldbergGeneral Practice, Solo, and Small Firm, November 2000Virtually every hospital in Illinois provides physicians with the right to an administrative hearing before their medical staff privileges may be reduced or eliminated.
Chairperson’s cornerGeneral Practice, Solo, and Small Firm, September 2000In one of the first issues of the General Practice newsletters, I made mention of the action by Illinois Real Estate Lawyers Association against the real estate firm of Koenig & Strey for the unauthorized practice of law.
Health insurance continuation coverage—state or federalBy Dawn R. HallstenGeneral Practice, Solo, and Small Firm, September 2000Where applicable, Illinois employer-sponsored group health insurance plans must offer eligible individuals the choice of continuation coverage under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Illinois "mini-Cobra" laws.
Lawyer/realtor update: The line has been drawnBy Stuart H. WolfGeneral Practice, Solo, and Small Firm, September 2000As at the Alamo, the line has been drawn, and we have elected to remain and fight.
Recent criminal law cases decided by the Illinois Supreme CourtBy Michele M. JochnerGeneral Practice, Solo, and Small Firm, September 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.
Computer buying checklist July 2000By John T. PhippsGeneral Practice, Solo, and Small Firm, August 20001. The network card seems to be a basic need for a law office as the need to link computers to share information continues to develop.
The U.S. Supreme Court rules that “bare-boned” anonymous tips are insufficient to justify a Terry stop and friskBy Michele M. JochnerGeneral Practice, Solo, and Small Firm, May 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.
Avoiding payment of child support to the SDUBy Chris E. FreeseGeneral Practice, Solo, and Small Firm, April 2000If your client wants to submit to the court a Judgment of Dissolution of Marriage that avoids the payment of child support through the State Disbursement Unit (SDU), can the court approve such a judgment?
“Choosin’ up” lessons in communicationBy John V. De StefanoGeneral Practice, Solo, and Small Firm, April 2000When I received my Norman Rockwell calendar for 1999. One of the drawings of the month entitled "Choosin' Up" depicts four young boys in baseball uniforms, two of which were standing eye-to-eye with their hands on a baseball bat.
Maintenance revisitedBy Howard W. Feldman & David K. HarrisGeneral Practice, Solo, and Small Firm, April 2000The Fourth District Appellate Court in a decision dated February 9, 2000, affirmed an award of permanent maintenance to a 32-year-old wife, with a high school education, who had been married for 14 years.
Past chair’s columnBy John H. MavilleGeneral Practice, Solo, and Small Firm, April 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.
Changing personnel policies and employee handbooks just got harderBy Donald A. LoBueGeneral Practice, Solo, and Small Firm, March 2000Attorneys representing employers should be aware of the recent Illinois Supreme Court case of Doyle v. Holy Cross Hospital 186 Ill.2d 104, 237 Ill.Dec. 100, 708 N.E.2d 1140 (1999) which held that modification of the terms of an employee handbook or personnel policy would not be enforceable without new consideration.
Food for thought: Estate planning for subsequent marriagesBy Babette L. BrennanGeneral Practice, Solo, and Small Firm, March 2000Even in a first marriage, there is potential for a conflict of interest when an attorney endeavors to represent both the husband and the wife in their estate planning.
RevestmentBy Leonard MurrayGeneral Practice, Solo, and Small Firm, February 1999No doubt it is the common perception that once a dismissal for want of prosecution ("dwp") is entered in an action, unless otherwise vacated by order of court, it divests a court of jurisdiction of that action.
Reflection after 40 yearsBy James J. ElsonGeneral Practice, Solo, and Small Firm, January 1999May 23, 1957, is the date when I was admitted to the bar. For most of the 40 years since, I have been privileged to be a general practitioner which in my opinion is the essence of real lawyering.
To get the job doneBy David SpagatGeneral Practice, Solo, and Small Firm, January 1999You are an environmentalist. Your group has very important legislation to be proposed to Congress.