Section Newsletters

Articles From 2002

A chip off the ole’ block— a comparative analysis of the Illinois Environmental Protection Act and CERCLA By Matthew J. Cozzi Business and Securities Law, February 2002 Many landowners, former owners, prospective purchasers and operators of potentially contaminated property in Illinois tread lightly (or, perhaps, should) in fear of liability under the broad umbrella of the Comprehensive Environmental Response, Compensation and Liability Act, commonly known as CERCLA.
A chip off the ole’ block—a comparative analysis of the Illinois Environmental Protection Act and CERCLA By Matthew J. Cozzi Environmental and Natural Resources Law, March 2002 Many landowners, former owners, prospective purchasers and operators of potentially contaminated property in Illinois tread lightly (or, perhaps, should) in fear of liability under the broad umbrella of the Comprehensive Environmental Response, Compensation and Liability Act , commonly known as CERCLA.
Circuit City case: arbitration clause in employment contract trumps federal statutory rights By Lee Beneze Elder Law, January 2002 The case of Circuit City Stores, Inc vs. Adams (121 S. Ct.1399) was decided by the United States Supreme Court on March 21, 2001.
Circuit City v. Adams: the battle over arbitration agreements rages on By Glenn R. Gaffney & Justin Gaffney Labor and Employment Law, April 2002 In Circuit City Stores, Inc. v. Adams, 121 S.Ct. 1302 (2001), the U.S. Supreme Court held that the Federal Arbitration Act (FAA), 9 USC § 1 et seq. is applicable to employment agreements.
Citation of unpublished courts of appeals opinions By Paul E. Freehling Federal Civil Practice, November 2002 All federal appellate courts permit the citation of unpublished courts of appeals opinions for such purposes as showing res judicata, collateral estoppel, or law of the case.
Cites from previous issue Insurance Law, February 2002 Westchester Fire Insurance Company v. G. Heileman Brewing Company, Inc., 321 Ill.App. 3d 622, 747 N.E.2d 955, 254 Ill. Dec 543 (1st dist. 5th div. 2001)
City of Naperville v. Schiavo: an erosion of the case law governing stops based on anonymous tips? By Michael W. Feetterer Traffic Laws and Courts, July 2002 On January 18, 2002, the Second District Appellate Court handed down its decision in the City of Naperville v. Gary C. Schiavo.
City of Springfield v. Hashman: 4th District says close enough is good enough By Gene Schmittgens & Anna Chesser Smith Environmental and Natural Resources Law, December 2002 In City of Springfield v. Hashman, 774 N.E.2d 427, 266 Ill.Dec. 321 (July 29, 2002), the appellate court for the Fourth District enjoined the development of a 22.408-acre parcel of land located outside the limits of the City of Springfield but within 200 feet of Lake Springfield, the primary water supply of the City and Sangamon County.
Civil affairs By Darlene Strickland & Eugena A. Whitson-Owen Racial and Ethnic Minorities and the Law, November 2002 "The opposing the opinions, and rectifying the mistakes of others, is what truth and charity sometimes require of us, and civility does not oppose, if it be done with due caution and care of circumstances."
Civility By Michael B. Hyman Bench and Bar, July 2002 When will we learn that we must change if our public image is to change?
Civility in our work place By Michael B. Hyman Workers’ Compensation Law, April 2002 In the last Workers' Compensation Newsletter I advised that the Supreme Court has commissioned a study on civility among attorneys.
Clerk’s Office On-Line: Illinois Pollution Control Board’s “COOL” By Claire A. Manning & Richard R. McGill Environmental and Natural Resources Law, December 2002 Ever since its introduction at the Illinois Pollution Control Board's 25th anniversary in Chicago in 1995, the Board's Web site has become a widely-used resource.
Click here to find your mentor Young Lawyers Division, August 2002 As young practitioners, we all know how valuable the wisdom of an experienced attorney can be.
Client fee agreements: it’s time for a review By Carl R. Draper Law Office Management and Economics, Standing Committee on, January 2002 The past 12 months have seen three decisions from the appellate court that have provoked alarm, concern, and a review of law office practices concerning fee agreements with clients.
Closing the deal: streamlining processes and being an effective member of the team By Mary Jones Corporate Law Departments, May 2002 As corporate attorneys, many of you likely have had the opportunity to work with businesspeople to bring significant transactions to a close.
Co-editor’s note By John L. Nisivaco Tort Law, June 2002 The sole article in this edition is written by Joseph Feehan of Heyl, Royster, Voelker & Allen in Peoria. Mr. Feehan provides a thorough analysis of the Illinois Supreme Court's decision in Donaldson v. Central Illinois Public Service Co.
Co-editor’s note By John L. Nisivaco Tort Law, June 2002 The first article in this edition is by Sean C. Burke of Scheller & Burke, L.L.C., Waukegan.
Co-editor’s note By John L. Nisivaco Tort Law, June 2002 The sole article in this edition was written by Daniel P. Wurl of Dobbins, Fraker, Tennant, Joy & Perlstein.
Co-editor’s note By John L. Nisivaco Tort Law, May 2002 The first article in this edition is by Martin J. O'Hara of Quinlan & Carroll, Ltd. Mr. O'Hara's article addresses the Fifth District's decision of McIntosh v. Cueto, which holds that a plaintiff must formally plead a claim for fraudulent concealment and/or equitable estoppel before contending that a defense attorney or other professional is estopped from asserting the applicable statute of limitations for professional malpractice.
Collaborative lawyering By Richard Kulerski Family Law, November 2002 Collaborative law is our newest dispute resolution model. It is not limited to any area of practice but is clearly rooted in family law.
Comments in response to the American Bar Association Task Force on Corporate Responsibility preliminary report* By Lin Hanson Business and Securities Law, December 2002 A. Your Report. We often say, or think "You can't legislate morality." You said it in your report, § I.B., p. 10, "No set of legal rules or guidelines can guarantee that such active care will be achieved in practice."
Commercial cases can trigger bodily injury coverage By Stanley C. Nardoni Corporate Law Departments, December 2002 A new Illinois decision should remind corporate policyholders to scrutinize their commercial litigation for possible bodily injury coverage.
Commission on Capital Punishment April 2002 Human and Civil Rights, May 2002 Now in private practice with a focus on mediation and arbitration, Judge McGarr served as a federal prosecutor and as the First Assistant Illinois Attorney General before spending 18 distinguished years on -the federal bench. He served as Chief Judge of the Federal District Court for the Northern District of Illinois between 1981 and 1986.
Commissioners of the Industrial Commission By Richard D. Hannigan Workers’ Compensation Law, April 2002 For those of you who are not familiar with the Commissioner's who hear your oral 19(h) and 8(a) petitions, hear oral argument, rule on your motions at the review level and administer to the functioning of the Industrial Commission, a brief note is in order.
The common fund doctrine/entitlement to attorney fees By Richard D. Hannigan Workers’ Compensation Law, April 2002 The Illinois Supreme Court has reaffirmed the application of the common fund doctrine to the recoupment of attorney fees from a third party group carrier who made payment of medical bills pursuant to it's group policy.
Computer-stored data acquired from real estate services: Should the Property Tax Appeal Board allow it into the record? By Christopher B. Kaczynski State and Local Taxation, December 2002 The issue presented by this article is not a factual issue, but an issue of law concerning the evidentiary rules of the Property Tax Appeal Board, the rules of evidence in Illinois, and the admission of computer-stored data acquired from real estate services for the purpose of providing evidence of sales of comparable property.
The confusing rules of natural resource damage assessments By Christine A. Picker Environmental and Natural Resources Law, November 2002 The natural resource damage assessment rules provide for the conduct of natural resource damage assessments under CERCLA and the Clean Water Act. 43 C.F.R. part 11.
Congratulations! Workers’ Compensation Law, June 2002 Gerald F. Cooper, Jr. of Scopelitis, Garvin, Light & Hanson will become Chair of the Workers' Compensation Committee of the ISBA. The Committee thanks Larry A. Scordino for his leadership this past year.
Congress reauthorizes Juvenile Justice and Delinquency Prevention Act Child Law, December 2002 Ending six years of debate, Congress took final action recently on legislation, HR 2215, to reauthorize the JJDP Act of 1974.
Constitutional challenges to municipal administrative adjudicatory systems By Angela R. Hall Administrative Law, April 2002 Systems of administrative adjudications are an effective method of resolving some of the backlog of cases in the Illinois courts.