Section Newsletters

Articles From 1999

Criminal law practice tips By Matt Maloney General Practice, Solo, and Small Firm, October 1999 Lawyers, present company included, seem to forget ongoing admonitions from the Supreme Court when dealing with routine situations. While this may be a case of the "we always do things that way" attitude, the cost to the system continues to rise.
Criminal Law Update By Matt Maloney General Practice, Solo, and Small Firm, March 1999 Following are all of those cases from the September 9, 1998, advance sheets to February 9, 1999.
C.T.A. passengers, look before you leap! An overview of liability in tort concerning bus riders. By Edna Turkington-Viktora General Practice, Solo, and Small Firm, October 1999 The Illinois Constitution of 1970 abolished sovereign immunity in Illinois, permitting a local governmental unit's liability in tort "except as the General Assembly may provide by law."
Cumulative voting under United States and Argentine law—Issues on protection to minority shareholders By Sebastián C. Alemán International and Immigration Law, February 1999 The purpose of this article is to provide a general overview on cumulative voting under United States and Argentine applicable regulations as well as to point out certain situations in which, notwithstanding the existence of cumulative voting, minority shareholders' rights are jeopardized.
Current employee benefits case law developments By Kevin J. Richter Employee Benefits, September 1999 The following article is a compilation of recent case law developments in the area of employee benefits law to allow the practitioner to stay abreast of current events.
Custom built home contracts: representing the builder By Robert J. Lasky Real Estate Law, June 1999 A. Custom home builder is "a custom builder that...constructs a unique home or building that meets a specific client's needs and desires." National Association of Home Builders.
Daubert opinion standards rejected By Hon. Donald R. Parkinson Corporate Law Departments, August 1999 In a 60-page slip opinion written by Justice Steigmann, the Fourth District rejected the Daubert standards (Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 125 L.Ed. 2d 469, 113 S.Ct. 2786 (1993)).
Daubert opinion standards rejected By Donald R. Parkinson Criminal Justice, April 1999 In a 60-page slip opinion written by Justice Steigmann, the Fourth District rejected the Daubert standards (Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 125 L.Ed. 2d 469, 113 S.Ct. 2786 (1993)).
The Davis case: ­Another perspective By Karen M. Pinkert-Lieb Family Law, March 1999 Recently, in The Department of Public Aid ex rel. Lindy Davis v. Jesse Brewer, the Illinois Supreme Court considered whether, in order to modify a child custody judgment within two years of its entry, a court must find child endangerment by clear and convincing evidence, or whether the court need only find that there is "reason to believe" that the child's present environment may endanger him or her.
The death knell of the deliberative process privilege in Illinois By Patricia M. Moser Local Government Law, July 1999 The deliberative process privilege has long been recognized by the federal courts.
Decisions of the Illinois Educational Labor Relations Board – October 1, 1997, through September 30, 1998 By Julie K. Hughes Education Law, January 1999 Editor's Note: Every year, the Education Law Section Council includes Ms. Hughes' excellent survey of educational labor law decisions issued during the past year.
Declaratory judgment: procedure Insurance Law, March 1999 Mary A. Marshall was involved in an automobile accident with Lucas D. Weller. Weller was driving a vehicle owned by Catherine S. Dillard and insured by Western States Insurance Company.
Declaratory judgment: timing Insurance Law, December 1999 After insured was found guilty of murder, administrator of victims' estate sued insured for wrongfully causing the death.
Declaratory judgment: timing Insurance Law, June 1999 Duty of indemnification ripe for consideration only when insured has incurred liability in underlying claim.
Declaratory judgment: timing Insurance Law, January 1999 A declaratory judgment brought to determine an insurance policy's limits of liability is premature prior to a finding of liability.
Defective six-month notices will no longer bar actions against the CTA By Charles R. Winkler Tort Law, January 1999 In the April 1994 issue of Tort Trends, my article "It's time to say good-bye to the six-month CTA notice requirement" concluded with, "The time has come to repeal the notice requirement of the Metropolitan Transit Authority Act."
Definitions: arising out of the ownership, maintenance or use Insurance Law, October 1999 Steven Pfiel stabbed Hillary Norskog to death in a forest preserve while both were seated in his mother's automobile.
Definitions: arising out of the ownership, maintenance or use Insurance Law, June 1999 "Resulting from" is synonymous with the phrases "arising out of," "connected with," "originating from," "growing out of," and "flowing from," and is broadly construed.
Definitions: covered automobile Insurance Law, January 1999 Truck rented by employee at employer's request qualifies as a "borrowed" auto.
Demise of the special duty exception to local governmental tort immunity By Timothy W. Kelly Civil Practice and Procedure, June 1999 The Illinois Supreme Court in Zimmerman v. Village of Skokie (1998), 193 Ill.2d 30, 697 N.E.2d 699, 231 Ill.Dec. 914, struck down the "special duty" exception to local governmental tort immunity finding the common law doctrine to be unconstitutional.
Department of Public Aid attempts to argue immunity from contempt proceedings for unreasonable delays in Medicaid case By Steven C. Perlis Elder Law, April 1999 On April 30, 1998, a nursing home resident filed an appeal to the Cook County Circuit Court, Chancery Division, disputing the Illinois Department of Public Aid's denial of Medicaid eligibility.
Deposition practice: A primer and refresher course By Joseph G. Bisceglia Civil Practice and Procedure, November 1999 Mr. Bisceglia gratefully acknowledges the assistance of his associate, Sarah H. Koleno, in editing this article
Differences between two causes of action in tort: Attorney malpractice and breach of fiduciary duty By Jim Xu Young Lawyers Division, May 1999 The number of suits against lawyers has been increased significantly over the last decade.
Directors and officers at risk for Y2K liability By Lori Iwan & James K. Horstman Business and Securities Law, October 1999 The Year 2000 technology problem may create liability for many, but none so much as America's corporate directors and officers, and the lawyers assigned to protect them.
The discipline of athletes in public school: How much process is due? By William D. Stiehl, Jr. General Practice, Solo, and Small Firm, March 1999 A talented student athlete in a local public high school is suspected of drinking beer, which is in violation of the school's code of conduct.
Dispositions of leave to appeal By Donald R. Parkinson Criminal Justice, July 1999 On March 31, 1999, the Illinois Supreme Court filed its decision on 316 requests for leave to appeal.
Dispositions of leave to appeal By Donald R. Parkinson Criminal Justice, April 1999 On February 3, 1999, the Illinois Supreme Court issued its orders on 295 petitions for leave to appeal. Ninety-five petitions were filed in civil cases and four were granted.
Dispositions of leave to appeal By Donald R. Parkinson Criminal Justice, February 1999 On December 2, 1998, the Illinois Supreme Court rendered its decision on 307 pending petitions for leave to appeal. On hundred and twenty requests were made in civil cases and 10 petition s were granted.
Dispositions of petitions for leave to appeal By Donald R. Parkinson Criminal Justice, December 1999 On October 6, 1999, the Illinois Supreme Court issued its official rulings on 625 petitions for leave to appeal. Again this is an increase from last year. (On October 6, 1998, there were 614 requests.)
Dispositions of petitions for leave to appeal By Donald R. Parkinson Criminal Justice, October 1999 On June 2, 1999, the Illinois Supreme Court announced its decision on 260 petitions for leave to appeal. One hundred and nine were filed in civil cases and 15 requests were granted.