The nonending power struggle: County board vs. elected officersBy Pat LordLocal Government Law, June 1999The relationship between a county board and a county's elected officers (the auditor, circuit clerk, county clerk, state's attorney, treasurer, coroner, sheriff and recorder) is a legal set-up for continuous power struggles.
NORTHERN NOTESBy Austin W. Bartlett & Emily A. ChenBusiness Advice and Financial Planning, September 1999These articles were written by students at the Northern Illinois University College of Law. The analyses and opinions are entirely those of the student authors.
NORTHERN NOTESBy Austin W. BartlettBusiness Advice and Financial Planning, April 1999These articles are written by students at the Northern Illinois University College of Law in DeKalb. The analyses and opinions are strictly those of the student authors.
Notable cases: In re Hatsuye T.By John F. ErbesElder Law, June 1999The National Association of Legal Services Developers (NALSD) held its annual symposium in Boulder, Colorado, April 15-18. NALSD officers reported record highs in symposium attendance and NALSD membership, progress in relationships with Older Americans Act (OAA) partners, but disappointment with Administration on Aging (AoA) proposed amendments to the OAA which would weaken the Act's longstanding commitment to advocacy.
Notes from the chairBy Constance B. RenziElder Law, November 1999As of this date, the Elder Law Section Council has had two productive meetings this year.
Notes from the chairBy Karl MenningerElder Law, June 1999This newsletter has focused on practical, useful issues to assist the elder law practitioner.
Notes from the chairBy Karl MenningerElder Law, April 1999If your local bar association is casting about for an activity for this year's Law Day, you might propose an activity involving the rights of older persons.
Notes from the chairBy Karl MenningerElder Law, January 1999The changes in our society's technology can be difficult to comprehend. There were people who watched humans land on the moon who were alive when the first manned flight happened.
NoticeBench and Bar, December 1999On October 1, 1999, the Illinois Supreme Court entered the following order (M.R. 16183) regarding "resignation procedure for judges":
Obtaining leave of court to pursue punitive damage claimBy Daniel P. WurlTort Law, December 1999A plaintiff who wishes to plead a claim for punitive damages in actions under Illinois law involving bodily injury or property damages based on negligence or product liability must first obtain leave of court.
OECD Convention on Combating Bribery and new amendments to Foreign Corrupt Practices ActBy Arthur L. GeorgeBusiness and Securities Law, June 1999In November 1998, President Clinton signed into law amendments to the U.S. Foreign Corrupt Practices Act ("FCPA") implementing the requirements of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the "Convention").
Oil, gas leasing information available onlineMineral Law, November 1999Oklahoma City--In a step to improve access to state land with the potential for oil and natural gas production,the Interstate Oil and Gas Compact Commission (IOGCC) has compiled leasing information for 27 states.
The “Online Copyright Infringement Liability Limitation Act”By David LoundyIntellectual Property, February 1999An important piece of legislation was signed by President Clinton in October, the "Online Copyright Infringement Liability Limitation Act," passed as part of the "Digital Millennium Copyright Act" (Public Law 105-304), that affects Internet service providers and copyright holders that are infringed online.
Only one set-off of workers’ compensation benefits against multiple underinsured motorist policiesBy Kenneth E. BaimeWorkers’ Compensation Law, January 1999The recent case of Roberts v. Northland Insurance Company, No., 84115 (1998), petition for rehearing filed, considered whether there should be a full set-off as to each underinsured policy for any workers' compensation benefits received when there are two underinsured policies applicable to an automobile accident.
Opinions on welfare reformBy Richard N. PorterChild Law, December 1999I interviewed a welfare mother to get a sense of what welfare recipients thought about welfare reform.
Other insuranceInsurance Law, March 1999Property insurer entitled to contribution from liability insurer where both policies contained excess other insurance clauses.
Other insuranceInsurance Law, January 1999Umbrella policy is excess over primary CGL policy containing excess "other insurance" clause.
Package pricing for estate plannersBy Thorpe FacerTrusts and Estates, September 1999All of us want a profile practice that provides professional service to clients. We also want time with our families, vacations, the opportunity to pursue hobbies.
Partnerships and the new capital gain rules—new guidance from the IRSBy Edward J. HannonFederal Taxation, November 1999In August, the IRS issued two proposed regulations that provide guidance on some of the previously unresolved issues facing partnerships and limited liability companies.
Passed bills - 91st General Assembly - 1999By Steve BakerCriminal Justice, September 19991) HB 41 Summary: Adopts FRE 807 - residual hearsay rule - for deceased persons. Limited to statements under oath at a prior trial, hearing, or other proceeding [ex. grand jury]. Imm. eff. date.
Permissive user: in generalInsurance Law, October 1999Insured effectively revoked permission for use of vehicle by permissive user by expressly prohibiting additional driving of the vehicle.
Permissive user: subsequent permitteeInsurance Law, January 1999Permission given by insured corporation to its employee for purposes of renting truck extended to son of employee.
Personal injury liability coverageInsurance Law, December 1999The insured, A & A Market, Inc. ("A & A"), filed suit against its insurer, Pekin Insurance Company ("Pekin"), alleging breach of contract due to Pekin's refusal to pay a property insurance claim brought under a business owner's policy of insurance.
Piercing the corporate veilBy Brent H. GwillimBusiness and Securities Law, March 1999A recent Fifth District case provides an interesting set of facts and a good analysis of the current methods by which a court will consider piercing the corporate veil.
Planning for disasterBy David ClarkLegal Technology, Standing Committee on, November 1999Just when you thought it was safe to get past the pitfalls of an automation project, the work is only half done.
Policy: ambiguityInsurance Law, June 1999The plaintiff, Stone Container Corporation, is a large manufacturer of pulp, paper and paper products which it makes in huge steel tanks called "pulp digesters."
The pooled trust as an asset conservation/Medicaid planning toolBy Steven C. PerlisElder Law, November 1999This author has found many occasions for bringing up the possible use of a pooled trust as a sensible strategy for nursing home residents (or others) or their family members to consider.