Section Newsletters

Articles From 2003

From the outgoing chair By James Stern Human and Civil Rights, June 2003 The primary formation of this section council has been to put out this newsletter, put on educational programs, and review proposed legislation affecting Human Rights.
FTC holds healthcare hearings in effort to broaden enforcement framework By Leatrice Berman Sandler Administrative Law, March 2003 The Federal Trade Commission, in collaboration with the Department of Justice, is about to embark on 25 days of hearings beginning in late February and extending through October 2003 on the subject of "Health Care and Competition Law and Policy."
FTC intervening to limit fees in private class actions By David A. O’Toole Administrative Law, March 2003 Can anyone tell me where I can get a good deal on carbon paper?
GAO reports to Congress: Patient neglect worse than reported by CMS By Marjan Peter Staniec Elder Law, September 2003 The Government Accounting Office (GAO), the investigative arm of Congress, recently reported (July 2003) its findings of quality-of-care conditions in nursing homes, that during the period of July 11, 2000 to January 31, 2002, about 3,500 nursing homes were cited for serious patient care violations--ones in which patients are actually harmed or placed in immediate jeopardy of serious injury or death.
Gayan v. Illinois Department of Human Services: A special needs trust that didn’t work By Edward J. Mitchell Elder Law, December 2003 The appellate court in the Third District recently issued an opinion in Gayan v. Illinois Department of Human Services.
General Accounting Office medical malpractice insurance studies Health Care Law, September 2003 Over the past several years, large increases in medical malpractice insurance rates have raised concerns that physicians will no longer be able to afford malpractice insurance and will be forced to curtail or discontinue providing certain services.
Getting to know your Council members Child Law, April 2003 Ellen Pauling has been the juvenile prosecutor in DeKalb County since 1989 and a council member since the early 1990s.
Global expansion is a matter of construction By Alexander Olsansky, Jr. International and Immigration Law, June 2003 Opportunities for global expansion are endless, as they come in all shapes, sizes and permutations.
Global expansion is a matter of construction By Alexander Olsansky Corporate Law Departments, May 2003 Opportunities for global expansion are endless, as they come in all shapes, sizes and permutations.
Gossip: The good, the bad, and the ugly By Gloria Petersen Young Lawyers Division, August 2003 Physical wounds heal; damaging information can last a lifetime.
Government lawyer honored as Laureate by the Academy of Illinois Lawyers Government Lawyers, February 2003 Madalyn Maxwell, profiled in our March 2001 newsletter, will be honored by the Academy of Illinois Lawyers as one of 12 distinguished Laureates.
Governor Blagojevich proposes independent funding source for IIC Workers’ Compensation Law, June 2003 In his budget address on April 8, 2003, Illinois Governor Rod Blagojevich outlined his proposed budget for fiscal year 2004.
The Governor’s amendatory veto of House Bill 3412—What it could mean for units of local government By Pat Lord Government Lawyers, November 2003 As discussed elsewhere in this newsletter, Governor Rod Blagojevich recently filed an amendatory veto of House Bill 3412. House Bill 3412 (“HB 3412”), among other things, creates the State Officials and Employees Ethics Act.
Great-West Life v. Knudson: A prescription for subrogation recovery under ERISA §502(a)(3)? By Rod Driscoll Employee Benefits, December 2003 On January 8, 2002, the United States Supreme Court issued its decision in Great-West Life & Annuity Insurance Co. v. Knudson,1 in which the Court addressed whether a reimbursement provision contained as part of an ERISA-governed health plan was enforceable by the insurer against a plan beneficiary.
Handling a client By Donald C. Schiller Young Lawyers Division, August 2003 If a client has confidence and trust in his or her lawyer, he or she will not be difficult for the lawyer to manage.
Handling Medicare issues in workers’ compensation claims By Bradford J. Peterson Workers’ Compensation Law, September 2003 For the last several years, a flurry of activity has arisen regarding the federal government's enforcement of the Medicare Secondary Payor Statute 42 USC §1395y(b) (hereinafter MSP).
Happenings Alternative Dispute Resolution, April 2003 The Center for Analysis of ADR Systems (CAADRS) has just posted to its Web site (www.caadrs.org) a bibliography of more than 60 studies of court mediation programs.
Have you joined RISSNET? By James Bumgarner Human and Civil Rights, September 2003 If you are presently a member of VGTOF, Capps, TIA, or TIDISDM, you are also a member of RISSNET.
Have you joined RISSNET? By James Bumgarner Legal Technology, Standing Committee on, August 2003 If you are presently a member of VGTOF, Capps, TIA, or TIDISDM, you are also a member of RISSNET. What's good about this? If you are stopped by law enforcement, with a little bit of luck, you could be reported as a terrorist.
Health Care Section sponsors Law Ed Seriesprogram Health Care Law, February 2003 On May 2, the ISBA Health Care Section Council, together with the Southern Illinois University School of Medicine, Department of Medical Humanities and the Southern Illinois University School of Law, will host a Law Ed SeriesProgram at the ISBA Regional Office in Chicago.
The Health Care Services Lien Act By Kevin T. Veugeler Tort Law, December 2003 Earlier this year, the Illinois legislature attempted to remedy the inequitable results that could occur to seriously injured individuals as a consequence of the Illinois Supreme Court's 1997 decision in Burrell v. Southern Truss, 176 Ill.2d 171, 697 N.E.2d 1230, 223 Ill.Dec. 457 (1997).
Health Insurance Portability & Accountability Act (HIPAA) and the workers’ compensation exemption By Emily E. Borg Workers’ Compensation Law, September 2003 HIPAA is a federal mandate that was passed by Congress in 1996 in response to the health care industry's request for standardization, as a remedy for increasing frequent health care privacy breaches, and in an effort to halt the steady increases in health care costs.
Hearing loss—Who is liable? By Richard D. Hannigan Workers’ Compensation Law, April 2003 In our April, 2002 newsletter, Steve Grady discussed Hamilton v. Industrial Commission, 326 Ill.App.3d 602; 761 N.E.2d 775; 260 Ill.Dec. 592. Since then, the Supreme Court of the State of Illinois accepted the case and has affirmed the appellate court.
The hedge fund: Assessing the risks (part I of II) By Alan L. Kennard Corporate Law Departments, April 2003 In determining whether to create or invest in a hedge fund, it is imperative that an investor understand the potential risks common to hedge funds.
The hedge fund: Assessing the risks (Part II of II) By Alan L. Kennard Corporate Law Departments, May 2003 In determining whether to create, or invest in, a hedge fund, it is imperative that an investor understand the potential risks common to hedge funds
HHS releases final HIPAA privacy regulations Corporate Law Departments, February 2003 The Department of Health and Human Services (HHS) recently published final regulations that clarify the Health Insurance Portability and Accountability Act (HIPAA) standards due to become effective April 2003.
High court sets limits on punitive damages By Michael R. Lied Labor and Employment Law, June 2003 On April 7, 2003, the United States Supreme Court decided a significant case which seems to, for the first time, establish some constitutional limits on awards of punitive damages.
High-tech hits home: Can local government officials use electronic communication tools without violating the sunshine laws? By Alfred M. Swanson, Jr. & Sharon L. Eiseman Administrative Law, July 2003 It is the public policy of this State that public bodies exist to aid in the conduct of the people's business and that the people have a right to be informed as to the conduct of their business
High-tech hits home: Can local government officials use electronic communication tools without violating the sunshine laws? By Alfred M. Swanson, Jr. & Sharon L. Eiseman Local Government Law, February 2003 It is the public policy of this State that public bodies exist to aid in the conduct of the people's business and that the people have a right to be informed as to the conduct of their business.
High-tech hits home: Can local government officials use electronic communication tools without violating the sunshine laws?* By Alfred M. Swanson, Jr. & Sharon L. Eiseman Government Lawyers, May 2003 It is the public policy of this State that public bodies exist to aid in the conduct of the people's business and that the people have a right to be informed as to the conduct of their business.