Section Newsletters

Articles From 2003

“Be it enacted…” By Matt Maloney Criminal Justice, September 2003 Many of the ISBA Section Councils spend a great deal of time each Spring reviewing new legislation that has been introduced in both the Illinois House and Senate.
Beware of the pitfalls of Supreme Court Rule 216 By Michael J. Marovich Bench and Bar, November 2003 All civil trial attorneys should take time to review the recent cases of Moy v. Ng, 341 Ill.App.3d 984, 793 N.E.2d 919 (1st Dist. 2003) and Montalbano Builders, Inc. v. Rauschenberger, 341 Ill.App.3d 1075, 794 N.E.2d 401 (3rd Dist. 2003) as they apply to requests to admit pursuant to Illinois Supreme Court Rule 216. The two cases illustrate the perils of failure to strictly comply with Rule 216.
Beware of the pitfalls of Supreme Court Rule 216 By Michael J. Marovich Civil Practice and Procedure, September 2003 All civil trial attorneys should take time to review the recent cases of Moy v. Ng, 2003 WL 21498945 (Ill. App. 1 Dist., June 30, 2003) and Montalbano Builders, Inc. v. Rauschenberger, 2003 WL 21742271 (Ill. App. 3 Dist., July 25, 2003) as they apply to requests to admit pursuant to Illinois Supreme Court Rule 216.
Beyond Klaeren—The even newer world of zoning By John H. Brechin Administrative Law, September 2003 The March 2003 edition of the Local Government Law newsletter included two articles on the recent decisions by the Supreme Court in Klaeren1 and the Second District Appellate Court in Gallik.2  
Beyond Klaeren—The even newer world of zoning Local Government Law, June 2003 Our March 2003 edition of the newsletter included two articles on the recent decisions by the Supreme Court in Klaeren and the Second District Appellate Court in Gallik.
Bill status report (Section Council action as of September 13, 2003) Commercial Banking, Collections, and Bankruptcy, December 2003 Bill Sponsor Short Digest Synopsis Section Council Position Last Activity/ Action or Location/Time HB 16*
Bills passed in the 93rd General Assembly reviewed by the State and Local Taxation Section Council By Louise Calvert State and Local Taxation, September 2003 Amends the Property Tax Code. Provides that the collector shall collect $12 (now, $10) from the proceeds of each tax sale to cover the costs of registered or certified mailing and the costs of advertisement and publication with respect to the notice of judgment and sale.
Blackout notice rules under the Sarbanes-Oxley Act By Steven Lifson Employee Benefits, April 2003 The Sarbanes-Oxley Act of 2002 (the Act),1 among other things, added two sections to the Employee Retirement Income Security Act of 1974 (ERISA).
Book review By Donald Abernathy Alternative Dispute Resolution, May 2003 Many books are written solely for personal gain, whether it be for money, notoriety (which usually brings money), or just to advance a cause or story.
Book review By Bryan L. Shell Alternative Dispute Resolution, February 2003 Becoming a Mediator is written to help one begin a career in mediation. Lovenheim's introduction explains the various misconceptions surrounding the field of mediation.
Book review—Issues in Long-Term Care By Edward J. Mitchell Elder Law, December 2003 The Illinois Institute for Continuing Legal Education has recently published Issues in Long-Term Care.
Book review—Long Goodbye: The Deaths of Nancy Cruzan Elder Law, December 2003 When I was in law school many years ago, I had the opportunity to take an elective course on Law and Medicine taught by a physician.
Booze, gambling and sex: How debauchery can help seniors By Sharon R. Ruby Elder Law, September 2003 755 ILCS 5/11a-2 proffers three distinct definitions of a disabled adult, each of which can serve as the basis for adjudicating a person to be legally disabled and appointing a legal guardian:
Brief analysis and comment on Hogan v. Adams, a case under the Illinois Residential Real Property Disclosure Act By Elizabeth A. Urbance Real Estate Law, June 2003 This article reviews and analyzes the facts and some of the lessons to be learned from a recent decision of the Appellate Court for the Fourth District in Illinois.
A brief guide to online negotiation: Conclusion and resources (Part 3 of 3) By Thomas D. Cavenagh Alternative Dispute Resolution, February 2003 Online negotiators have numerous vendor options from which all three online negotiation models are available.
Bullets for successful federal practice By Richard Mills Young Lawyers Division, February 2003 The formula for success in trial practice is simple: Be prepared, be decent, and be on time.
Business law case update Business Advice and Financial Planning, April 2003 Following is a review of recent case law impacting various areas of business law.
California limits disclosure of social security numbers By J.J. McGrath Corporate Law Departments, February 2003 Effective July 1, 2002, it is against the law for a company doing business in California to include an individual's social security number on any correspondence to that customer, unless legally required to do so.
Can a bankruptcy court enter a money judgment when it declares a debt nondischargeable? By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, February 2003 In the September Bankruptcy Reporter advance sheets, a case is reported out of the United States Bankruptcy Court for the Western District of Oklahoma, In re Hamilton, 282 B.R. 22 (W.D. Ok. 2002).
Canada to open new consulates in United States By Lewis F. Matuszewich International and Immigration Law, November 2003 The Government of Canada announced that it will open seven new consulates in the United States, upgrade two consulates to consulates general and appoint 20 honorary consuls.
Cargo damage judgment affirmed as to liability, but reversed as to damages By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, January 2003 The Illinois Appellate Court for the Second District has affirmed in part and reversed in part a summary judgment awarded to an insurer against a motor carrier in a subrogation suit arising out of a cargo damage claim to an electron microscope in Wausau Ins. Co. v. All Chicagoland Moving And Storage Company, Case No. 02-01-1317 (decided September 27, 2002).
Case analysis—Hope v. Pelzer By Yvonne M. Kato Racial and Ethnic Minorities and the Law, May 2003 This past summer, the Supreme Court issued another decision in the long line of cases involving qualified immunity defenses and section 1983 suits.
Case comments By J. Matthew Pfeiffer & Lessa J. Bauer Business and Securities Law, September 2003 Whether a creditor may pierce the veil of a subsidiary corporation in a separate civil action to hold its parent liable for an unpaid judgment debt based on the subsidiary's failure to follow the standards expected of a corporation to be treated as such an entity.
Case comments By J. Matthew Pfeiffer Business and Securities Law, June 2003 Whether corporate officers who conduct purported corporate business during a period when the corporation has been dissolved might not be absolved of personal liability during that period of dissolution, even if those officers were unaware of the dissolution.
Case law update By Ellen Pauling International and Immigration Law, December 2003 Recent cases of interest
Case law update By Ellen Pauling Child Law, December 2003 Recent cases of interest.
Case law update By Kenton Skarin Alternative Dispute Resolution, December 2003 The trial court erred when it concluded that the defendant had waived its right to enforce arbitration clause in sub-franchise agreement.
Case law update By Lee Ann Schoeffel Government Lawyers, November 2003 Doe v. Illinois Department of Professional Regulation, No. 1-02-1045 (1st District, June 26, 2003).
Case law update By Kristen Weber & Katie Ruder Alternative Dispute Resolution, October 2003 Menard Co. Housing Authority v. Johnco Construction, Incorporated 4th District Appellate Court of Illinois, No. 4-03-0237.
Case law update By Lee Ann Schoeffel General Practice, Solo, and Small Firm, August 2003 Recent cases of interest.