Another viewBy David RoykoFamily Law, January 2001Last week, I learned that elevators can be great little rooms for big epiphanies, or at least re-epiphanies.
Anti-harassment policies should include disability-based harassmentEducation Law, June 2001The federal courts of appeals for the Fourth and Fifth Circuits recently ruled that the Americans with Disabilities Act (ADA) prohibits harassment because of an individual's disability.
Antitrust complaints and motions to dismissBy David A. O’TooleDecember 2001In the past few years, there have been a surprising number of cases in which federal courts have dismissed antitrust complaints on the pleadings, where the pleadings appear facially sufficient.
Appeals court holds that ADEA applies to retiree health planBy Sharon R. CohenCorporate Law Departments, February 2001In Erie County Retirees Assoc. v. County of Erie, Pennsylvania, the Third Circuit Court of Appeals held that the Age Discrimination in Employment Act applies to retirees and retiree health plans.
Appellate court decisionsBy Kim E. PresbreyWorkers’ Compensation Law, June 2001On March 15, 2001, the appellate court issued a ruling on Ford Motor Company v. Industrial Commission, 319 Ill.App.3d 1099, 253 Ill.Dec. 602. Warren Schussler, the decedent, and co-worker James Porte battled a fire that broke out on the roof the paint building at the Ford plant on July 14, 1987.
Appellate court lacks jurisdiction to review partial dismissal of claim under Human Rights ActBy Michael R. LiedLabor and Employment Law, November 2001In Matson v. Department of Human Rights, 255 Ill. Dec. 888, 750 N.E.2d 1273 (2d Dist. 2001), a case of first impression, the appellate court determined it lacked jurisdiction to review a determination of the Department of Human Rights' Chief Counsel affirming partial dismissal of a handicap discrimination claim.
Appellate court protects guarantor in dispute over collateral proceedsBy Jeffrey D. CavanaughCommercial Banking, Collections, and Bankruptcy, November 2001In an opinion issued in September, an Illinois appellate court concluded that a bank breached its obligation to a guarantor when the bank used proceeds from the sale of collateral to pay off an unsecured loan that was not covered by the guaranty.
Appellate court receptions provide networking opportunitiesBy Claire A. ManningWomen and the Law, December 2001One of the goals of the ISBA's Standing Committee on Women and the Law is to "encourage women in their involvement in the legal community at all levels."
Appellate court rules pending litigation no excuse for non-production under oil and gas leaseBy John E. RhineMineral Law, February 2001In Maschoff v. Klockenkemper (_____ Ill. App.3d ), 5th District, No. 5-99-0276, December 7, 2000) the Illinois Appellate Court has ruled that non-production terminates an oil and gas lease notwithstanding the existence of litigation concerning the validity of that lease.
Application of Prevailing Wage Act to grant recipients of Illinois First moniesBy David J. Gerber & Danielle LaChance-YatesLocal Government Law, July 2001The Prevailing Wage Act applies to construction projects undertaken by non-governmental entities which receive public funds for furnishing services to the public or which receive grants from governmental agencies.
Arbitration in the nonunion sector; high court interprets the Federal Arbitration ActBy Amanda SonnebornLabor and Employment Law, June 2001Private forms of workplace arbitration are more prevalent than ever. In unionized work settings, labor arbitration provides employers and unions an indispensable method for adjusting their relationship.
Are Illinois’ tax caps still a good fit after 10 years?By Richard F. Dye & Therese J. McGuireState and Local Taxation, September 2001Illinois' Property Tax Extension Limitation Laws (PTELL), popularly known as "tax caps," have been around for a decade.
Area code 809 telephone scamBy Sandi Van HandelLegal Technology, Standing Committee on, December 2001Major scam: Don't respond to e-mails, phone calls, or Web pages which tell you to call an "809" phone number.
Attorney general issues opinionsBy Lynn PattonGovernment Lawyers, October 2001Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2000)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Attorney general issues opinionsBy Lynn PattonGovernment Lawyers, March 2001Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1998)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Attorney general issues opinions affecting units of local governmentBy Lynn PattonLocal Government Law, August 2001Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2000)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Attorney general issues opinions affecting units of local governmentBy Lynn PattonLocal Government Law, March 2001Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1998)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Background on Patients’ Bill of RightsElder Law, October 2001This past summer one of the biggest issues in the U.S. Congress was the passage of a Patients' Bill of Rights.
Balancing employee absenteeism with the Family and Medical Leave ActBy Paul BouldonCorporate Law Departments, February 2001From the time the Family and Medical Leave Act of 1993 ("FMLA")(the "Act"), 29 U.S.C. section 12101, et. seq. became effective, employers have struggled to control employee absenteeism while providing them with rights guaranteed under the statute.
Balancing the perspectivesBy Fran StottChild Law, June 2001On one hand we have a deep understanding of the importance to the child of the family of origin.
Bank counsel and the Bank Secrecy ActBy Bradley W. SmallCommercial Banking, Collections, and Bankruptcy, January 2001As president of a national bank and an attorney, I recently received a phone call from the Office of the Comptroller of the Currency (OCC) concerning my bank's compliance with the Bank Secrecy Act (BSA).
Banking on both sides of the 49th parallelBy Lewis F. MatuszewichInternational and Immigration Law, November 2001Raymond J. Protti, of the Canadian Bankers Association ("CBA") spoke before a recent meeting of the Canadian Club of Chicago.
Bankruptcy Plus puts a plus in your practice!By Alan PearlmanLaw Office Management and Economics, Standing Committee on, August 2001Around January of this year the administrative offices of the United States Courts made an announcement that they were going to amend the Official Bankruptcy Form 7, as approved by the Judicial Conference of September, 2000.
Bankruptcy treatment of ipso facto clauses in intellectual property licensesBy Beverly A. BernemanIntellectual Property, December 2001Attorneys who insert an "ipso facto clause" into an intellectual property license hope to give their client an "out" in the event that the other party files a bankruptcy.
Be careful what you wish for: some thoughts on the merger review processBy Charles A. JamesDecember 2001My first few weeks at the Antitrust Division have been spent on the fundamentals of the agency--our structure, our deployment of resources, our investigative techniques, our programs for recruiting and training staff--a bottom-up and top-down evaluation of what we do and how we do it.
Biography of a section council member: Laura KotelmanAdministrative Law, August 2001Administrative Law Section Council member Laura Kotelman is counsel with the National Association of Independent Insurers, the nation's largest full-service property and casualty insurance trade association.
