Section Newsletters

Articles From 2001

Overlapping class actions and the proposed amendments to Rule 23 By James E. Pfander Civil Practice and Procedure, October 2001 During its June 2001 meeting, the Standing Committee on Civil Rules of the Judicial Conference of the United States--the Committee charged with the promulgation of proposed amendments to the Federal Rules of Civil Procedure--took up class action reform.
An overview of the New minimum distribution rules: a “uniform” approach By James S. Zmuda Federal Taxation, March 2001 On January 11, 2001, the Internal Revenue Service ("IRS") issued new proposed minimum distribution regulations.
Parent power By M. Lee Witte & Margaret C. Benson Family Law, February 2001 While the Illinois Supreme Court was considering the application of Troxel v. Granville to our grandparents' visitation statute, a future justice of that court was using Troxel to find that a Constitutional right to court-appointed counsel exists in adoption proceedings.
Patient beware! Part II By David K. Harris General Practice, Solo, and Small Firm, September 2001 Under the fraudulent concealment doctrine, the statute of limitations will be tolled if the Plaintiff pleads and proves that fraud prevented discovery of a cause of action.
Pawnee Oil and Gas Inc. v. The County of Wayne et al, No. 5-00-322 By David M. Williams Mineral Law, February 2001 An interesting case is now fully briefed and awaiting a date for oral argument in the Fifth Appellate District for the State of Illinois.
Payment of real estate taxes on an undivided PIN: the necessity to pay by legal description By Martha A. Mills State and Local Taxation, October 2001 One of the best kept secrets is the right of taxpayers to pay their real estate taxes on an undivided property index number ("PIN") by legal description. While property owners have the duty to pay property taxes, they also have the right to pay only the taxes on property they own.
Peak performance By Linda Brakeall Corporate Law Departments, March 2001 In sports circles, they say that you'll never meet a stupid gymnast. There is something about that mind-body connection that is more than the sum of its parts.
People v. Jung: constitutionality of 11-501.4-1 upheld By Daniel T. Gillespie Traffic Laws and Courts, January 2001 Does the provision of the Illinois Motor Vehicle Code which allows the results of physician-ordered blood or urine tests conducted in the course of emergency treatment for injuries resulting from a motor vehicle accident to be reported to state or local law enforcement officials violate a patient's right to privacy in his medical records under the Illinois Constitution?
PHONEslips … your receptionist will love you for it! By Alan Pearlman Law Office Management and Economics, Standing Committee on, August 2001 There is a scenario that is repeated daily in law offices around the world. Simply put, after a long day in court, attorneys go back to their offices to find an Empire-State Building-size stack of pink telephone messages, which call for attention and return phone calls that must be attended to.
Piercing the corporate veil By Patrick F. Daly Business Advice and Financial Planning, April 2001 In The People of the State of Illinois v. V & M Industries, 233 Ill.Dec. 218, 700 N.E.2d 746 (Ill. App. 5th Dist. 1998) the appellate court listed factors to be considered in determining when to "pierce the corporate veil."
Planning for higher education expenses By Christie S. Kennett Business Advice and Financial Planning, February 2001 Although early planning is ideal when it comes to saving for college expenses, there are additional tax breaks available to taxpayers which may help reduce the burden of paying college expens
Post-decree matters: “I’m dead, and I don’t know what to do” By Kimberly J. Anderson Young Lawyers Division, April 2001 These words were spoken to volunteer Janice Boback at the Daley Center when she worked at the Post-Decree Help Desk sponsored by the Chicago Bar Foundation a couple of weeks ago.
Powers of attorney in light of the Fort Dearborn case By Thorpe Facer Trusts and Estates, February 2001 Fort Dearborn Life Insurance Company v. Holcomb, No. 1-99-3627 (2000 WL 1218507), decided by the First District on August 28, 2000, gives us some interesting facts, a few pointers on using the statutory short form power of attorney for property, and a reminder of the steps we must take with every client to ensure proper planning.
Practical considerations in representing parties interested in purchasing properties at judicial foreclosure sales By Gregory J. Moody & Martin Potter Real Estate Law, October 2001 Your long-time client, Miss Money, visits your office one afternoon excited about an investment sure to generate substantial return while incurring minimal risk.
Practice alert: voluntary non-suits—criteria and consequences By G. Bradley Hantla General Practice, Solo, and Small Firm, February 2001 The Code of Civil Procedure allows for the filing of a voluntary non-suit pursuant to Chapter 735 of the Illinois Compiled Statutes, section 5/2-1009.
Practice note: transfers of assets, penalty periods and home care services By Lee Beneze & Mary Mayes Elder Law, February 2001 The Illinois Department on Aging provides a variety of services to older Illinoisans under the Community Care Program (CCP).
Practice pointer: a release is not enough By Babette L. Brennan General Practice, Solo, and Small Firm, November 2001 The case of Blutcher v. EHS Trinity Hospital, 321 Ill.App.3d 131, 746 N.E.2d 863, 254 Ill.Dec. 106 (1st Dist. 2001) serves as an unpleasant reminder of just how careful lawyers must be.
Practice tip: preparation of client for deposition—patient beware! Part I By David K. Harris General Practice, Solo, and Small Firm, June 2001 In Wilson v. Devonshire Realty of Danville, 241 Ill. Dec. 129, 718 N.E. 2d 700 (Ill. App. 4th Dist. 1999), the Defendant's Motion for Summary Judgment was granted and affirmed.
Practice tip: your professional liability policy provides defense coverage for many ARDC complaints By Patrick F. Cleary General Practice, Solo, and Small Firm, June 2001 The mail comes. There is a letter from the ARDC and you know your dues are paid. Your heart sinks. Someone has requested an investigation. Most likely it is a client.
Predatory lending—a perspective for the mortgage attorney By Celeste M. Hammond Commercial Banking, Collections, and Bankruptcy, November 2001 Predatory lending practices are getting a tremendous amount of attention: in the press, in the title industry; in the mortgage banker industry; in the consumer industry; in Congress, state and local governments.
Predatory lending—a perspective for the mortgage attorney By Celeste M. Hammond Corporate Law Departments, July 2001 Predatory lending practices are getting a tremendous amount of attention: in the press, in the title industry; in the mortgage banker industry; in the consumer industry; in Congress, state and local governments.
A preliminary breath screening test (PBT) is admissible in a hearing in a motion to quash arrest and suppress evidence and in a petition to rescind statutory summary suspension By Sean D. Brady Traffic Laws and Courts, December 2001 The general rule in a driving under the influence of alcohol (DUI) case is that the State cannot admit into evidence the results of a preliminary breath-screening test (PBT) in its case in chief.
Prevent office theft By Patrick F. Cleary General Practice, Solo, and Small Firm, April 2001 Recent news articles document the problem of law office employees stealing money. Checks get kited, unauthorized charges are made on credit cards, and/or estates are plundered by legal assistants.
“Primary stop” ordinances: home rule power By Lawrence W. Terrell Traffic Laws and Courts, January 2001 According to the U.S. Department of Transportation's National Highway Traffic Safety Administration (NHTSA), seat belts reduce the risk of fatal injury by 45 percent and reduce the risk of serious injury by 50 percent. Nevertheless, nearly one-third of all Americans still do not buckle up.
A primer for appeals to the Property Tax Appeal Board By Terry Shafer Administrative Law, June 2001 The intent of this article is to give new attorneys or attorneys new to practice before a state agency a procedural path to follow in order to fully and knowledgeably represent a client in this particular agency's forum.
A primer on the Fair Labor Standards Act By Scott Uhler Local Government Law, June 2001 The information in this article is basic to an understanding of labor law, and can be shared with administrators of public entities and their human resources directors
Print resources By Christopher R. Drahozal Alternative Dispute Resolution, May 2001 "The article reexamines the most common academic criticisms of 'mandatory' arbitration of consumer disputes.
Print resources Alternative Dispute Resolution, April 2001 Commercial Arbitration At Its Best; Successful Strategies for Business Users.
A prisoner seeking only money damages under the Prison Litigation Reform Act must exhaust all administrative forms of remedy, even if that administrative process does not provide money damages By Samuel A. Lichtenfeld Administrative Law, August 2001 The U.S. Supreme Court held recently that an inmate seeking only money damages under the Prison Litigation Reform Act ("Act") must complete any prison administrative process that could address his or her complaint by providing some form of relief even if the provided remedy is not money.
Privacy versus confidentiality By Robert Duffin & Laurence F. Johnson Real Estate Law, December 2001 By now everyone should be aware of the Gramm-Leach-Bliley Act and the final privacy rule published by the Federal Trade Commission as required by the Act.