Section Newsletters

Articles From 2003

Allocation of expenses in a defined contribution plan: Pro rata vs. per capita By John Callas Employee Benefits, October 2003 The Department of Labor recently released its third Field Assistance Bulletin (FAB). A FAB is intended to provide guidance to DOL investigators who conduct compliance audits as well as to practitioners who have day-to-day responsibility for compliance with federal laws and regulations.
Alphabetical listing of cases Insurance Law, September 2003 Adams ex rel. Adams v. American International Group, Inc., ___ Ill.App.3d ___, ___ N.E.2d ___, ___ Ill. Dec. ___ (1st dist. 5th div. 2003) Pre-judgment interest (1392)
Alphabetical listing of cases Insurance Law, July 2003 American Country Insurance Company v. Williams, ___ Ill.App.3d ___, ___ N.E.2d ___, ___ Ill. Dec. ___ (1st dist. 5th div. 2003) Exclusions: Intentional Act (1387)
Alphabetical listing of cases Insurance Law, February 2003 Atchison, Topeka & Santa Fe Railway Company v. St. Paul Surplus Lines Insurance Company, 328 Ill.App.3d 711, 767 N.E.2d 827, 263 Ill. Dec. 101 (1st dist. 1st div. 2002) Exclusions: Employer's liability (1368)
Amendment to Human Rights Act addresses employee use of language other than English in the workplace By Yvonne M. Kato Racial and Ethnic Minorities and the Law, December 2003 On Friday, July 18, 2003, Governor Blagojovich signed Senate Bill 679 into law. This amended the Illinois Human Rights Act to provide that employers can no longer discriminate against their employees who speak multiple languages.
Analysis of two recent tax cases decided by the Illinois appellate court By Stanley R. Kaminski State and Local Taxation, August 2003 In JM Aviation, Inc. v. Department of Revenue, Illinois Appellate Court, First District, First Division (June 2, 2003), the taxpayer, JM Aviation (an Illinois corporation) acquired an aircraft from Southern Aircraft Services, Inc. (SAS) (a Florida corporation).
Analysis: IRA’s contribution to peace indispensable By Jim Gibney Racial and Ethnic Minorities and the Law, January 2003 August 31, 1994-IRA Announces cessation of military operations.
Annual survey of administrative law 2002 Administrative Law, March 2003 "Administrative law" concerns the policy making, ratemaking, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies.
Answers to quiz: Real Estate Law, February 2003 1. a, c 2. b, c 3. a, c
Anticipatory neglect across state lines: What can a parent appeal? By Michael W. Raridon Child Law, December 2003 A recent appellate case, In Re A.H., Jr., presents an unusual fact pattern and several unusual questions. Can neglect to one sibling allow the court to find another sibling neglected-even if the second child resides in another state, with a non-neglectful parent, and the minor was not even present when the alleged neglectful behavior took place?
The Antitrust Counselor: Benchmarking By Mildred L. Calhoun October 2003 The impetus to benchmark waxes and wanes according to the current management theory in vogue at any given time, but regardless of management imperatives, benchmarking always requires significant antitrust scrutiny.
Appellate court does not have jurisdiction to hear direct appeal from Industrial Commission decision By Richard D. Hannigan Workers’ Compensation Law, April 2003 In Pace Bus Company v. Industrial Commission, the appellate court, First Judicial District dismissed an appeal by the employer ruling that they lacked jurisdiction to hear an appeal directly from an Industrial Commission decision.
Appellate court holds Supreme Court Rule 504 is applicable to DUI cases By Larry A. Davis Traffic Laws and Courts, May 2003 Since the Supreme Court's decision in 1976 in Village of Park Forest v. Fagan, 64 Ill. 2d 264, 356 N.E. 2d 59 (1976), it has been this author's experience that many courts have been reluctant or have refused to apply the provisions of Supreme Court Rule 504 (166 Ill. 2d R. 504) to major traffic offenses, such as DUI.
The application of child support interest—more than just a sharp pencil By Donald Ray Family Law, June 2003 By now we should all be aware that child support accrues interest at nine percent a year, as stated at 750 ILCS 45/20.7 and 5/505(b) Interest on support obligations:.
Arbitration of disputes before The New York Stock Exchange By James F. Dunneback General Practice, Solo, and Small Firm, April 2003 Many of the national securities markets provide a mechanism for resolution of customer and employer/ employee disputes.
Arbitration of disputes before The New York Stock Exchange By James F. Dunneback Business Advice and Financial Planning, February 2003 Many of the national securities markets provide a mechanism for resolution of customer and employer/ employee disputes
Arbitration: It’s here to stay By Douglas A. Darch Human and Civil Rights, December 2003 The cost of access to the courts has long been an issue for the practicing bar, as well as advocates for the poor.
Are Illinois counties required to pay a judgment entered against a sheriff in his official capacity? By Jaime Rose Government Lawyers, May 2003 The Illinois Supreme Court recently answered yes to this question in Carver v. Sheriff of LaSalle County, 203 Ill. 2d 497 (2003).
Are tax returns privileged documents? By William F. Marutzky Federal Taxation, January 2003 Generally speaking, pretrial discovery rules are meant to be interpreted liberally in accordance with the policy favoring broad pretrial discovery
As good as it gets: Appeals’ fast track mediation, settlement and post-appeals mediation* By Karen V. Kole Federal Taxation, April 2003 The Appeals mission is to resolve tax controversies, without litigation, on a basis that is fair and impartial to both the Government and the taxpayer and in a manner that will enhance voluntary compliance and public confidence in the integrity and efficiency of the Service.
Attorney billing practices: What is a consumer of legal services to think? By G.A. Finch Real Estate Law, August 2003 An in-house counsel for a publicly traded company with national operations approached me and asked me to speak at a seminar for in-house lawyers. I said, "Sure.
Attorney fees for appeal under Oil and Gas Release Act By James K. Weston Mineral Law, December 2003 In the recent case of Maschhoff v. Klockenkemper, the issue was whether the successful party at the trial level was entitled to recover attorney fees both for the trial and also the appeal under the Oil and Gas Lease Release Act.
Attorney General issues opinions affecting units of local government By Lynn Patton Local Government Law, December 2003 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2002)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Attorney general issues opinions affecting units of local government By Lynn Patton Local Government Law, April 2003 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2000)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Attorney General’s office issues opinion regarding appearance of attorneys licensed in other states in Illinois administrative proceedings Government Lawyers, February 2003 In the August 2002 issue of the Committee on Government Lawyer newsletter, we published an article addressing the appearance of non-attorneys in hearings before State administrative bodies.
Automobile mechanic’s and/or garageman’s liens By G. Bradley Hantla General Practice, Solo, and Small Firm, January 2003 In the March, 2002 issue of the ISBA's General Practice newsletter, I authored an article dealing with automobile mechanic's and garageman's liens.
Bankruptcy treatment of ipso facto clauses in intellectual property licenses By Beverly A. Berneman Intellectual Property, December 2003 Attorneys who insert an "ipso facto clause" into an intellectual property license hope to give their client an "out" in the event that the other party files a bankruptcy.
Basic workers’ compensation law for local governments By Daniel S. Wellner Local Government Law, December 2003 Approximately 60 percent of any municipality's liability dollars are spent to pay workers' compensation benefits to injured employees.
Be careful what you wish for—Secretary of State rulemaking on expanded use of breath alcohol ignition interlock device enters final stages By Marc Christopher Loro Administrative Law, May 2003 In Part One of this article, I noted that the General Assembly passed two bills (P.A. 92-248 and 418) during its last session which amended several sections of the Illinois Vehicle Code, found at 625 ILCS Art. 5 (the IVC), pertaining to the offense of driving under the influence (found at §11-501 of the IVC), the Secretary of State's hearing process for obtaining driving relief, and the Secretary's use of the breath alcohol ignition interlock device ("interlock" or "BAIID").
Be careful what you wish for—Secretary of State rulemaking on expanded use of breath alcohol ignition interlock device enters final stages By Marc Christopher Loro Administrative Law, April 2003 The General Assembly passed two bills (P.A. 92-248 and 418) during its last session which amended several sections of the Illinois Vehicle Code, found at 625 ILCS Art. 5 (the IVC), pertaining to the offense of driving under the influence (found at §11-501 of the IVC), the Secretary of State's hearing process for obtaining driving relief, and the Secretary's use of the breath alcohol ignition interlock device (interlock or BAIID).