Section Newsletters

Articles From 2003

Recent judicial appointments and retirements Bench and Bar, May 2003 The Supreme Court has accepted the resignations of the following judges.
Recent judicial appointments and retirements Bench and Bar, March 2003 1. The Supreme Court has accepted the resignations of the following judges:
Recent judicial appointments and retirements Bench and Bar, January 2003 1. The Supreme Court has accepted the resignations of the following judges:
Recent Seventh Circuit decisions of interest By Joseph G. Bisceglia & Nada Djordjevic Federal Civil Practice, September 2003 In In re Bridgestone/Firestone, Inc., Tires Products Liability Litigation, 333 F.3d 763 (7th Cir. 2003), plaintiff tire owners attempted to circumvent the Seventh Circuit's earlier ruling, In re Bridgestone/Firestone, Inc., Tires Products Liability Litigation, 288 F.3d 1012 (7th Cir. 2002), cert. denied, 537 U.S. 1105 (2003), which decertified a nationwide class, by filing suit in multiple state courts.
Reconciling the heart attack cases II By James W. Springer Workers’ Compensation Law, December 2003 This article updates all heart attack decisions by the Illinois appellate courts and Supreme Court since the author's 1997 article.
Records management for Illinois insurers—What’s missing from the Illinois Supreme Court’s decision in Guillen v. Potomac Ins. Co. of Ill.? By Michael Todd Scott Corporate Law Departments, March 2003 In Guillen v. Potomac Ins. Co. of Ill. (January 24, 2003), the Illinois Supreme Court ruled that an insurance company breached its duty to defend when it refused to defend an insured against a lead-based paint personal injury action.
Recovery of evidence deposition and transcription costs: An update By Michael J. Marovich Civil Practice and Procedure, November 2003 In Vicencio v. Lincoln-Way Builders, Inc, 204 Ill.2d 295, 789 N.E.2d 290 (2003), the Illinois Supreme Court resolved a split in the lower courts as to whether a plaintiff may recover as taxable costs the professional appearance fees of a treating physician.
Redeploy Illinois By Betsy Clarke Child Law, December 2003 Redeploy Illinois is now law-providing a plan to develop local incentive funding to reduce juvenile commitments to corrections.
Redeploy Illinois By Betsy Clarke International and Immigration Law, December 2003 Redeploy Illinois is now law-providing a plan to develop local incentive funding to reduce juvenile commitments to corrections.
Reflections of a downstate family lawyer’s experience with domestic violence and the law: Intentional infliction of a spouse’s emotional distress By Stephanie Ames-Cutkomp Women and the Law, November 2003 Stephanie is a graduate of Thomas M. Cooley Law School and has practiced law in Henry County since 1997.
Reflections on Donald E. Ruff: Illinois lawyers have lost a good friend By John E. Thies Government Lawyers, August 2003 While I have difficulty remembering much about my first meeting with Don Ruff--I believe it took place at an annual meeting in Lake Geneva--I vividly remember the second.
Reinsuring employee benefit plan risks through a captive By Michael Lusk & Michael Todd Scott Corporate Law Departments, June 2003 Since the Department of Labor approved a prohibited transaction exemption for Columbia Energy Corporation in 2000, there has been an increased interest from employers in reinsuring employee benefit plan risks through their captives
Reiteration on child suppot By Ann B. Conroy Women and the Law, November 2003 Every few years it seems appropriate to repeat the basics of the child support enforcement system we have in Illinois, primarily for the benefit of new practitioners.
Remarks to the Senate Appropriations Committee By Hon. Mary Ann G. McMorrow Bench and Bar, May 2003 I am pleased to be here this afternoon to discuss the budget request of the Supreme Court.
Remembering the achievements of pioneering women in law and government By E. Lynn Grayson Women and the Law, November 2003 To fully understand and, more importantly, appreciate the professional success women now enjoy, requires a brief history primer.
Res judicata/collateral estoppel/rule of the case By Richard D. Hannigan Workers’ Compensation Law, April 2003 The claimant filed a 19(b), alleging that as a result of a fall on January 21, 1991 he injured his left knee, neck, and back.
Response to article pertaining to third-party purchaser at judicial foreclosure sales By Phillip H. Ward, Jr. Commercial Banking, Collections, and Bankruptcy, March 2003 Messrs. Moody and Potter's thorough article on representing a potential third-party purchaser at a foreclosure sale (Real Property Newsletter, October 2001) furnishes an excellent argument for their firm (and many others) to change its sale procedure.
Revenue ruling limits related party exchanges By Suzanne Goldstein Baker Real Estate Law, September 2003 A Revenue Ruling issued by the Internal Revenue Service on November 26, 2002, added a 10-penny nail to the coffin of a certain type of tax-deferred exchange among related parties.
Revised means of obtaining protected health information… By Jennifer Guthrie Young Lawyers Division, June 2003 The April 14, 2003 compliance date for HIPAA's Privacy Regulations has come and gone.
Revisiting the insurer’s duty to settle: Haddick v. Valor Insurance By Susan M. Witt Civil Practice and Procedure, March 2003 The Illinois Supreme Court has addressed the question of when an insurer's duty to settle arises.
Revival of a clause requiring rent payment in gold? Only with a lease amendment By David S. Horwitch Real Estate Law, February 2003 On March 21, 2002, the Illinois Appellate Court, Fourth Division, decided Nebel, Inc. v. The Mid-City National Bank of Chicago, an appeal from the Circuit Court of Cook County, Illinois.
The Richman Report: Summary of new tax law changes By Bruce L. Richman Family Law, September 2003 President Bush recently signed the Jobs and Growth Tax Relief Reconciliation Act of 2003 (JGTRRA).
The role of a municipal attorney in employee discipline hearings By Paul N. Keller Local Government Law, July 2003 When a municipal employee is charged with misconduct which will result in a disciplinary hearing before a board of fire and police commissioners or civil service commission, the municipal attorney may be called upon to play several roles in the process.
Romine v. Village of Irving, 5-01-0798, January 15, 2003 By Alfred M. Swanson, Jr. Local Government Law, February 2003 After John and Dixie Osborne dropped their sons at a reunion in Irving, they drove to a tavern where each consumed about 12 bottles of beer.
Rules not right for most oil and gas* By Bill Campell Mineral Law, May 2003 Technical problems aside, oil and gas drilling and production sites should be exempt from federal stormwater runoff permitting requirements, independent producer associations maintain in comments filed with the U.S. Environmental Protection Agency.
Save domestic oil launches an appeal of new judge’s ruling* Mineral Law, May 2003 ENID, OK.--The Committee to Save Domestic Oil has appealed a federal court ruling that negated its earlier legal victories to the U.S. Court of Appeals for the Federal Circuit, reports Sue Ann Hamm of Continental Resources in Enid.
SB 1492-Right to sue legislation fails in the House By Glenn R. Gaffney Labor and Employment Law, November 2003 The ISBA Labor & Employment Law Section Council previously resolved to support the concept of proposed legislation which would amend the Illinois Human Rights Act so as to allow complainants the right to file suit in circuit court for an employment action (Article 2) under the Illinois Human Rights Act.
SB 266 modifies Unemployment Insurance Act attorney fee provision By Glenn R. Gaffney Labor and Employment Law, November 2003 Section 1200 of the Illinois Employment Insurance Act (820 ILCS 405/1200), entitled "compensation of attorneys," provides that an individual claiming benefits in a proceeding before the IDES or the Board of Review can be represented by counsel but that the fee charged can be no more than an amount approved by the Board of Review or by the Director.
Scams go to war and to ground zero: Cons adapted to post-9/11 age Elder Law, June 2003 In this newsletter's continuing effort to keep lawyers informed of scams that may affect their clients (or themselves), it is interesting to see how the same basic confidence game adapts to new technology and to new times--presumably because it still gets results.
SEC adopts new rules on auditor independence pursuant to the Sarbanes-Oxley Act By Robert J. Wild Business and Securities Law, June 2003 The Securities and Exchange Commission (SEC) has adopted new rules governing the relationship between audit firms and their audit clients under which certain non-audit services are prohibited, conflict of interest standards and audit partner rotation requirements are strengthened, and the relationship between the independent auditor and the audit committee is clarified and enhanced.