Section Newsletters

Articles From 2002

Allocation of antitrust enforcement between and within agencies: A comparison By Ivan Gurov December 2002 There are two basic models of antitrust enforcement. Chronologically, the first one appeared in the United States with the Sherman Act of 1890.
Alphabetical listing of cases Insurance Law, November 2002 American Service Insurance Company v. Passarelli, 323 Ill.App.3d 587, 752 N.E.2d 635, 256 Ill. Dec. 755 (1st dist. 6th div. 2001) Bad faith: Statutory (1319);
Alphabetical listing of cases Insurance Law, February 2002 American Standard Insurance Company of Wisconsin v. Gnojewski, 319 Ill.App.3d 970, 747 N.E.2d 367, 254 Ill. Dec. 327 (5th dist. 2001) Duty to defend: estoppel (1300)
An alternative tool for economic revitalization—the business district development and redevelopment statute By Michael T. Jurusik Local Government Law, July 2002 The Business District Development and Redevelopment statute (business district statute) is found at (65 ILCS 5/11-74.3).
Alternatives in administering a decedent’s assets By Jane Hartley Pratt Trusts and Estates, September 2002 Traditional estate administration includes either administration fully supervised by the court or the minimally supervised "independent administration."
Although an attorney’s fee may qualify as a trust administrative expense, it not be deductible for federal tax purposes By Edward Campell Trusts and Estates, November 2002 State law controls whether an attorney's fee is a valid administration expense payable from a trust's corpus, but federal law controls the federal tax implications.
Alzheimer’s: a practitioner’s guide By Marc R. Miller Elder Law, May 2002 According to the Alzheimer's Association, one in ten persons over 65 and nearly half of those over 85 have Alzheimer's.
Amended Illinois Supreme Court Rule 213—effective July 1, 2002 By Gretchen N. Smith & Miller and Judith L. Schuch Young Lawyers Division, August 2002 Beginning July 1, 2002, Illinois Supreme Court Rule 213 will be revised (the Amended Rule). The Amended Rule contains three significant changes.
Analysis of active legislation for 2002 By Don Hays Criminal Justice, October 2002 1. H.B. 0136: Amends the Criminal Code. Creates the offense of "Conspiracy Against Civil Rights.
Anatomical gifts: The ultimate recycle By Daniel M. Moore Elder Law, December 2002 Disposition of the body is probably one of the most difficult issues with which human beings and their loved ones ought to deal in life and estate planning.
An annual survey of administrative law 2001 By William A. Price & Kelley Beehner Administrative Law, March 2002 "Administrative law" concerns the policy making, ratemaking, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies.
Another Scam Enters The Electronic Age—Work-at-home offers: the new temptation of computer literacy Elder Law, June 2002 You or your client have probably seen the signs or ads promising thousands of dollars a year for working on a computer at home.
Answers to quiz: Real Estate Law, December 2002 1. d 2. e 3. c 4. b, d & e 5. b 6. d
Ante-nuptial isn’t nuptial By Terrence M. Madsen General Practice, Solo, and Small Firm, April 2002 An ante-nuptial agreement does not enjoy the traditional disclosure privileges associated with marital communications according to the Third District's recent opinion in In rel. Puterbaugh v. Puterbaugh, 3-01-0292 (2/14/02).
The antitrust counselor: Competitor communications regarding price By Mildred L. Calhoun December 2002 Probably the single most repeated piece of advice given by antitrust lawyers to their clients is to avoid communications with competitors regarding prices.
The antitrust implications of creative pricing strategies By Rebecca A.D. Nelson December 2002 The Sherman Act1 was enacted in 1890. It is a very straightforward law, prohibiting "contracts, combinations or conspiracies ... in restraint of trade" (Section 1) and monopolization or attempted monopolization of any part of trade or commerce (Section 2).
Appeal strikes out: Veazey v. Doherty By J.A. Sebastian Administrative Law, April 2002 Whether construed as a jurisdictional defect, or viewed as nonjurisdictional, dismissal of an action to review a final decision of an administrative agency may result unless the complaint for review complies with the procedural requirements of the Illinois Administrative Review Law (735 ILCS 5/3-101 through 3-113).
Appealing real estate tax assessments in TIF districts By Timothy E. Moran State and Local Taxation, April 2002 Since the passage of the first tax increment financing ("TIF") statute in 1977, this urban renewal device has been utilized with growing popularity throughout Illinois, with more than 700 TIF's having been created according to figures published by the Illinois Department of Commerce and Community Affairs.
Appellate Court does the unusual—reverses arbitrator By Michael R. Lied Labor and Employment Law, October 2002 Arbitration awards are fairly sacred, because the parties agree to let an arbitrator settle their dispute. However, in Anheuser-Busch, Inc. v. Teamsters, 280 F.3d 1133 (7th Cir. 2002), the 7th Circuit Court of Appeals reversed a district court's affirmance of an arbitrator's decision in favor of Teamsters Local 744.
Appellate court takes a “gamble” on Jones Act cases By Amy E. Schaeffer Workers’ Compensation Law, January 2002 In Lance Grobe v. Hollywood Casino­Aurora, Inc., 2001 WL 1380827, the appellate court considered the applicability of the Jones Act. Lance Grobe worked for Hollywood Casino­Aurora and injured himself while descending some stairs on August 19, 1999.
Applying the term “last exposure” in claims with multiple respondents under the Illinois Workers’ Occupational Diseases Act By Steven T. Grady Workers’ Compensation Law, April 2002 When faced with an Occupational Diseases claim with multiple respondents, both Petitioner and Respondent need to prepare themselves with a current understanding of proper legal application of the term "last exposure,"as referred to in section 1(d).
Arbitration clauses in employment contracts: To do or not to do By Nile J. Williamson Alternative Dispute Resolution, December 2002 A recent article in this newsletter by Alan Kaplan comprehensively discussed possible clauses to be used in employment contracts.
Arbitration clauses in employment contracts: to do or not to do By Nile J. Williamson Labor and Employment Law, May 2002 A recent article in this newsletter by Alan Kaplan comprehensively discussed possible clauses to be used in employment contracts.
Arbitration of uninsured/ underinsured claims By Robert H. Hanaford Alternative Dispute Resolution, May 2002 To obtain an understanding of the law concerning uninsured/underinsured (UIM) arbitration, it is essential to become familiar with the relevant insurance contract provisions as well as the statutory provisions.
Are all breath tests taken in Illinois between 1986 and 2000 invalid? Two recent developments suggest that they are By Donald J. Ramsell Traffic Laws and Courts, November 2002 Recently, two important court rulings have occurred which, in effect, prohibit the introduction of all breath tests in DUI prosecutions for arrests occurring between January 1, 1986 and December 31, 2000.
Are opinion witness deposition fees and transcription costs taxable as costs after judgment By Michael J. Marovich Civil Practice and Procedure, April 2002 Between 1999 and today, there has been an increase in Illinois Appellate Court decisions regarding whether a prevailing party in litigation may recover opinion witness fees and transcription costs as taxable costs after judgment is entered.
Are plea bargains in juvenile court really bargains? By Arlene Anderson Child Law, July 2002 Plea bargaining has become an institutional part of the juvenile justice system.
Are you liable for overtime pay? By Jeffrey A. Mollet Agricultural Law, April 2002 Generally, a salaried employee has always been considered just that; an employee who for a set salary works as many hours (or as few hours in some cases) as necessary to accomplish the duties assigned to be completed.
Assessment and taxation of interests in oil and gas as real estate By John C. Robison, Jr. Mineral Law, November 2002 The recent case of Pawnee Oil & Gas v. County of Wayne, 323 Ill. App. 3d 426, 751 N.E.2d 1268, 256 Ill. Dec. 431 (5th Dist. 2001), leave to appeal denied, illustrates both the theoretical and practical problems of assessing and taxing interests in oil and gas as real estate.
Attend a party, give the gift of opportunity Young Lawyers Division, October 2002 The YLD's annual holiday party, founded by YLD members Franco A. Coladipietro, Francesco E. DiVito and Scott M. Guetzow, provides a lot more than just an evening of fun and social interaction.