Articles From 2001 | Illinois State Bar Association

Do parties have an absolute right to directly question prospective jurors during voir dire? By Scott D. Lane Civil Practice and Procedure, September 2001 Two cases have recently addressed the issue of whether parties have a right to directly question jurors during voir dire: People v. Allen, 313 Ill.App.3d 842, 730 N.E.2d 1216 (2nd Dist. 2000) and Grossman v. Gebarowski, 315 Ill.App.3d 213, 732 N.E.2d 1100 (1st Dist. 2000).

Do transportation brokers hold freight charges collected from shippers in a constructive trust for their motor carriers? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The U.S. District Court in Charleston, South Carolina recently addressed the issue of whether a transportation broker holds freight charges it has collected from shippers in a constructive trust for the benefit of motor carriers the broker used to move its shippers' goods in Transportation Revenue Management v. Freight Peddlers, Inc., 2001 Fed. Car. Cases ¶84,181 (4/2001)

Do transportation brokers hold freight charges collected from shippers in a constructive trust for their motor carriers? By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2001 The U.S. District Court in Charleston, South Carolina recently addressed the issue of whether a transportation broker holds freight charges it has collected from shippers in a constructive trust for the benefit of motor carriers the broker used to move its shippers' goods in Transportation Revenue Management v. Freight Peddlers, Inc., 2001 Fed. Car.

Do you want your children playing under those things?— the continuing controversy over high voltage electro-magnetic fields, human health, and real property values By Thomas A. Jaconetty State and Local Taxation, August 2001 The question of whether high voltage transmission and power wires, and their associated electromagnetic fields, adversely impact human health and real property values has been the subject of controversy for several years.

Does a chapter 7 debtor have an absolute right to convert to another chapter? By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, January 2001 Section 706 of the Bankruptcy Code provides that a chapter 7 debtor "may convert a case under this chapter to a case under chapter 11, 12 or 13 of this title at any time, if the case has not been converted" from another chapter previously. 11 U.S.C. sec. 706(a).

Does size matter in Illinois—The fallacy of the permit exemption By Kevin B. Hynes Environmental and Natural Resources Law, December 2001 What, you ask, does "size matter in Illinois" mean? Well, you'll ask yourself the same question when the Illinois Environmental Protection Agency ("IEPA") tells you that your on-site disposal operation is too big and requires a permit--even though the Illinois Environmental Protection Act ("Act") allows on-site disposal without a permit.

Does UPL by in-house counsel really waive the attorney-client privilege? By Michael Todd Scott Environmental and Natural Resources Law, December 2001 In the June 2000 issue of The Corporate Lawyer, we ran an article entitled Unauthorized Practice of Law and In-house Counsel.

Domain name infringement: investigating the cybersquatter By Debra J. Monke Corporate Law Departments, September 2001 Cybersquatting: The act of reserving a domain name on the Internet, especially a name that would be associated with a company's trademark, and then seeking to profit by selling or licensing the name to the company that has an interest in being identified with it.--Black's Law Dictionary, 7th Edition

Domestic Violence Clinic Sponsors Advocate Training Program Young Lawyers Division, December 2001 On July 13, 2001, the Domestic Violence Clinic at the Southern Illinois University School of Law, in conjunction with the Young Lawyers Division of the Illinois State Bar Association, sponsored a domestic violence advocate training seminar at the law school in Carbondale, Illinois.

Don’t be used by the great unknown—use taxes By Julie-April Montgomery State and Local Taxation, January 2001 You've just received a notice from the Illinois Department of Revenue asking for use tax on the bedroom suite you received last year as the result of a catalog purchase from an East Coast company.

Don’t ELUC now, but there’s a new Brownfields institutional control in town By Stephen F. Hedinger Environmental and Natural Resources Law, March 2001 One of Illinois' most progressive environmental policies instituted in recent the past was an approach to remediation that recognized the potential risk of contamination in relation to a property's use, likely future use, and the potential for humans to come into contact with contamination.

DOT’s equipment leasing regulations and the owner-operator independent contractor status issue: two different approaches By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2001 The Illinois Appellate Court recently issued a troubling decision for motor carriers, finding that an owner-operator who had leased his truck to a motor carrier under the U.S. Department of Transportation's equipment leasing regulations was an employee of the lessee motor carrier and thus entitled to receive workers' compensation benefits.

Driving the after-tax dollar—Surviving the down-turn: avoiding owing Uncle Sam from restructuring By Paul Carman Corporate Law Departments, April 2001 With major players in the new economy seriously retrenching, cutting staff and vigorously attempting to redefine themselves, many businesses are holding their breaths to see if they can survive the latest downturn in volatile times.

The duty to defend and indemnify in Illinois after Cincinnati and Burns By Nancy K. Caron Insurance Law, April 2001 Over the past two years, two landmark decisions of the Illinois Supreme court have radically changed the duties of an insurance carrier to defend and the carrier's ability to recoup some or all of the defense and indemnity costs from any other carrier which also provided coverage to the insured for the loss.

Duty to disclose plan changes: Bins v. Exxon By Lynn Phillips Corporate Law Departments, February 2001 In Bins v. Exxon, the Ninth Circuit Court heard arguments on whether an employer violated its duties under ERISA by not informing employees that the company was "seriously considering" a proposal to offer enhanced retirement benefits, which might affect the employees' decision to retire.

EAB Rules that Tennessee Valley Authority made “modifications” pursuant to NSR regulations By Tina Archer Environmental and Natural Resources Law, January 2001 In November 1999, the United States Environmental Protection Agency (EPA) launched a major enforcement initiative against electric utilities in the Midwest and the South including American Electric Power, Cinergy, Illinois Power and the Tennessee Valley Authority (TVA).

Early retirement for self employed and small business owners Elder Law, May 2001 Beginning January 1, 2000, a person, upon attaining the age 65, may work as much as they desire, and/or are capable of working, without reducing their Social Security Benefits.

Easing on to the superhighway: computers and the Internet for technologically challenged lawyers By Karl Menninger Elder Law, May 2001 While this newsletter (and others) have been referring to "the information superhighway," "Web sites," "e-mail" and "computer-based legal research," it has been pointed out that not all lawyers are familiar with computers and that this newsletters could have a useful article on the basics of computers and the Internet.

Economic Growth and Tax Recovery Relief Reconciliation Act of 2001 By Lawrence R. Krupp Employee Benefits, October 2001

Editor’s column General Practice, Solo, and Small Firm, June 2001 Recently, John and I attended the 7th Annual Newsletter Editors Conference in Chicago.

Editor’s column Business Advice and Financial Planning, June 2001 Even though you may be reading this is in July, this is our fifth and last newsletter of the 2000-2001 fiscal year.

Editor’s column General Practice, Solo, and Small Firm, April 2001 This newsletter is the seventh one published this bar year. Thank you to each of the members of the General Practice, Solo and Small Firm Section Council.

Editor’s column Business Advice and Financial Planning, April 2001 Hard as it is to believe, thankfully the winter finally has come to an end. Before long we will be swapping winter tales of shoveling snow and fighting the cold at the Annual Meeting.

Editor’s column General Practice, Solo, and Small Firm, March 2001 It is time once again for the annual ABA Techshow on March 15 - 17, 2001 at Sheraton Chicago Hotel & Towers, Chicago, Illinois. At the Techshow this year there will be over 75 exciting education sessions and more than 160 exhibition booths.

Editor’s column General Practice, Solo, and Small Firm, February 2001 Now that 2000 has ended and 2001 has arrived there is no question that we have entered new millennium.

Editor’s column Business Advice and Financial Planning, February 2001 Hopefully, each of you are off to a good new year

Editor’s column By Richard W. Zuckerman Family Law, January 2001 It is unfortunate that Judy Wallerstein has chosen to spend her career studying the effects of divorce on children when it would have been more profitable to discuss the effects of divorce on divorce attorneys.

Editor’s comments Administrative Law, December 2001 This edition of the newsletter contains an analysis of the high mortality rate for civil antitrust complaints by David A. O'Toole, an FTC staff attorney in Chicago and also an adjunct professor at John Marshall Law School.

Editor’s note Real Estate Law, December 2001 The Spring Session of the 92nd General Assembly has concluded, although at the time this note is being prepared, the Veto Sessions are pending.

Editor’s note By Phil Milsk Education Law, December 2001 This issue of the Education Law Section newsletter consists of a comprehensive digest of education-related legislation that passed both houses of the Illinois General Assembly during 2001, up to and including the recently concluded fall veto session.