Articles From 2001 | Illinois State Bar Association

Co-editor’s note By John L. Nisivaco Tort Law, September 2001 The first article in this edition is by Scott Gibson of the law firm of Scott B. Gibson, Ltd. in Waukegan. Mr. Gibson's article deals with the applicability of section 3-108 of the Governmental Tort Immunity Act.

Co-editor’s note By John L. Nisivaco Tort Law, June 2001 The first article in this edition is by The Honorable Edna Turkington-Viktora. Judge Turkington-Viktora discusses the relevancy of a party's failure to possess a valid driver's license in a negligence action.

Co-editor’s note By John L. Nisivaco Tort Law, March 2001 The first article in this edition is written by Mark A. Rouleau of The Law Offices of Mark A. Rouleau in Rockford, Illinois. Mark Rouleau also serves as the current chair of the Tort Law Section Council.

Co-editor’s notes By Richard D. Hannigan Workers’ Compensation Law, March 2001 We all are waiting for the Industrial Commission to hire four new arbitrator's. It is the understanding of this editor that Central Management Services rejected the most recent arbitrator's examination and that they are working on a new one.

COGSA’S $500 liability limit and bill of lading errors—what’s the effect? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The United States District Court for the Southern District of New York, in Mitsui Marine Fire and Insurance Co. Ltd. v. Direct Container Line, Inc. 119 F. Supp. 2d 412 (S.D.N.Y. 2000) ruled on an important issue regarding the relationship between the contents of a carrier's bill of lading and the carrier's right under the Carriage of Goods by Sea Act ("COGSA") to claim the $500 per package limitation of liability.

Collecting on judgments is not for the feeble at heart By Maureseta T. Hawkins Commercial Banking, Collections, and Bankruptcy, July 2001 After ten years of chasing behind a debtor, a former estate attorney, to collect on judgments which were awarded based on his misappropriation of estate assets, relief was finally awarded by the Illinois Appellate Court after this debtor managed to evade and wear out the original creditors who subsequently sold the judgments to the plaintiff in this case.

Collegium 2001 fact pattern Business Advice and Financial Planning, April 2001 Bob Honig and Bill Gray have spent more than 30 years building a reputation in Wheaton, Illinois as professional Realtors and property managers.

Coming soon: Annotated Illinois Administrative Code Administrative Law, January 2001 Professor Laura Wendt, Southern Illinois School of Law, has digested over 1000 cases interpreting Illinois administrative rules for construction of an electronic research system.

Committee on Government Lawyers co-sponsors Law Ed Seriesprogram Government Lawyers, October 2001 A seminar on "Illinois Administrative Law" will take place from 8:30 a.m. to 5 p.m. Friday, November 16, 2001, at the Hilton Hotel, 700 E. Adams Street in Springfield.

Committee on Government Lawyers co-sponsors Law Ed Seriesprogram Government Lawyers, March 2001 "An Overview of Illinois Administrative Law" will take place from 9 a.m. to 5 p.m. Friday, May 4, 2001, at the Illinois State Bar Association's Chicago Regional office at 20 S. Clark Street.

Community Medicaid cases and spousal impoverishment update By Steven C. Perlis Elder Law, October 2001 Frequently, a married couple struggles with the question of when to apply for Medicaid. Is it too soon if the disabled person is still at home, but suffering from a decline in the ability to handle activities of daily living?

Community outreach: Center for Conflict Resolution helping lawyers and clients resolve disputes without going to war By Julia C. Langfelder Women and the Law, October 2001 When practicing family law, attorney Suzi Schrader battled with opposing counsel every day in court or in negotiations. She fought for the best outcome for her clients.

Community outreach: Good News Partners provides a variety of services—from housing to education and employment By Yolaine Dauphin Women and the Law, December 2001 In 1976, a group of Northwestern University students and their pastor started to work with homeless and low-income people in Chicago's "North of Howard" neighborhood in the hope of eliminating poverty and empowering participants to live joyful, productive, and stable lives.

Community outreach: Women In Need Growing Stronger (“WINGS”)—Providing support for homeless women and children By E. Lynn Grayson Women and the Law, October 2001 WINGS, one of the organizations supported by the Women Everywhere project, is a non-profit comprehensive transitional housing program dedicated to ending homelessness for women and children in the Northwest Chicago suburbs.

Compensation for the value of lost time and not lost wages By Mark Rouleau Tort Law, March 2001 The lost value of time is compensable and not merely lost wages as defendants so often contend.

Computation of average weekly wage By Michael Evers Workers’ Compensation Law, October 2001 The correct computation of an injured worker's average weekly wage is critical to forecasting an employer's potential exposure and an employee's potential recovery.

Computer disposal regulations for businesses By Ethel Spyratos Business and Securities Law, June 2001 Computer-based technology is advancing at an increasing rate, as a result, faster, more efficient computers are produced continually.

Computer update General Practice, Solo, and Small Firm, October 2001 Lexis is now offering unlimited access to Illinois cases, Illinois statutes annotated and more on its Web site for $10 per month.

Computer update: Intel Pentium IV chip may actually run slower than Pentium III chip By John T. Phipps General Practice, Solo, and Small Firm, February 2001 The reviews indicate that while the state of the art Pentium IV Chips indicate they have faster clock speeds than the Pentium III chips, the Pentium IV may be actually run slower then the Pentium III.

Computer update—Windows 95 retired by Microsoft By John T. Phipps General Practice, Solo, and Small Firm, June 2001 Microsoft Corporation announced in February that it was retiring Windows 95.

Confidential memorandum By Timothy P. O’Neill Criminal Justice, August 2001 For years we have discussed how much easier patrol and investigation would be if that darned Fourth Amendment didn't get in our way.

Confidentiality in adopt-related proceedings By Don C. Hammer Family Law, March 2001 Most aspects of adoption proceedings are confidential (see section 18 of the Adoption Act), and courts have consistently held that "confidentiality protects the interests of biological parents, adopting parents, and adopted minors."

Congratulations to our new Arbitrator! Workers’ Compensation Law, June 2001 Effective May 15, Dennis R. Ruth has been appointed as an Illinois Industrial Commission arbitrator.

“Congratulations, you have just won the Australian lottery”: hot scams and cons on older persons By Edward J. Mitchell Elder Law, June 2001 Unfortunately today it is not unusual for one of our clients to receive a phone call with an opening line something like the title of this article.

Congressional restrictions on legal services voided By Lee Beneze Elder Law, May 2001 In the United States Supreme Court case of Legal Services Corporation v. Velazquez, et al. (No. 99-603, decided February 28, 2001), the Court held that certain Congressional restrictions placed on legal aid services violated the First Amendment.

Constitutional challenges to municipal administrative adjudicatory systems By Angela R. Hall Local Government Law, November 2001 Systems of administrative adjudications are an effective method of resolving some of the backlog of cases in the Illinois courts.

Converting documents from WordPerfect to Word in ten easy steps By Marilyn Monrose Legal Technology, Standing Committee on, January 2001 You are about to discover a fast, simple, no-frills way to convert documents from WordPerfect to Word without the aid of conversion programs like Conversion Plus® or DocXchange®.

Cook County Chief Judge Donald P. O’Connell retires effective July 31, 2001 By Hon. Michael S. Jordan Bench and Bar, July 2001 Following Judge O'Connell's announcement in June that he planned to retire, articles in all news outlets unanimously heralded O'Connell's judicial career as having been nothing short of perfection.

Cook County expands incentives for real estate and creates south suburban tax reactivation program By Iris E. Sholder State and Local Taxation, July 2001 The Cook County Board of Commissioners, on recommendation of the Cook County Assessor, adopted additional amendments to the Cook County Real Property Classification Ordinance on April 18, 2000.

Cook County Sheriff’s Enforcement Ass’n v. County of Cook, et. al., No. 1-99-3710 (2001 Ill App. LEXIS 490) Decided June 25, 2001 By Laura Kotelman Administrative Law, November 2001 The Illinois appellate court, 1st District, 1st Division dismissed a petitioner's appeal of the state's Local Labor Relations Board's ruling because the petitioner failed to name the Board as a respondent.