Section Newsletters

Articles From 2003

Second Appellate District holds that the privilege against self-incrimination does not apply to statutory summary suspension hearings—A critique By Larry A. Davis Traffic Laws and Courts, May 2003 In Village of Algonquin v. Tilden, 335 Ill. App. 3d 332, 280 N.E. 2d 832; 269 Ill. Dec. 360 (2nd D, 2002), the Second Appellate District held that a defendant can be compelled to testify as an adverse witness in a hearing conducted pursuant to her petition to rescind a statutory summary suspension without implicating the fifth amendment right against self-incrimination.
Secretary of Energy announces first projects to meet president’s commitment to new clean coal technologies By Drew Malcomb Mineral Law, March 2003 Washington, DC ­ Secretary of Energy Spencer Abraham today announced the first eight projects chosen by the Department of Energy in the initial phase of President Bush's Clean Coal Power Initiative.
Section 16 fees and costs By Richard D. Hannigan Workers’ Compensation Law, April 2003 On February 5, 2003 the Appellate Court Second Division filed it's decision involving James Williams v. Industrial Commission.
Section 414 of the restatement (second) of torts revisited By James P. Ginzkey Tort Law, January 2003 This article is a supplement to an excellent article by Larry Appelbaum appearing in the November 2000 issue of Tort Trends, Vol. 36, No. 2
Secured creditor bound—The words used in the collateral description of a security agreement can limit a secured party’s lien By Timothy J. Howard & Janice M. Powell Commercial Banking, Collections, and Bankruptcy, March 2003 A security agreement is a special kind of contract for which an important audience is third parties who need to know how much collateral has been encumbered.
Security futures: The “state of the union” By Randy Tuurie Business and Securities Law, March 2003 The objective of this article is to trace the recent history of security futures and examine the current regulatory scheme that governs them, focusing particularly on the role of the Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC).
Seiler v. Zeigler Mineral Law, March 2003 I.W. Reagin, Marion E. Reagin, and Belle Seiler inherited three tracts of real estate as heirs of C.W. Reagin and Josephine Reagin. C W. Reagin met his demise on December 30, 1930, and Josephine Reap,in met her demise on October 21, 1944.
Selection and management of expert witnesses By Michael W. Clancy Tort Law, January 2003 It has become idiomatic to bemoan the extensive involvement of expert witnesses in modern trial practice.
Self-employment tax on cooperative payments to farmers—The legal journey continues By Jeffrey A. Mollet Agricultural Law, January 2003 There are currently pending in the federal Tax Court system a number of cases involving the applicability of the self-employment tax to value-added payments received by retired farmers from new generation, closed cooperatives
Selling a distribution business in a down market By Bart A. Basi Business Advice and Financial Planning, April 2003 After the boom years of the 1990s, more corporations now are in financial trouble as the economy slows, profits disappear, and revenues shrink
Seniors and gambling: Is it a growing problem? By Lee Beneze Elder Law, December 2003 Seniors have become a prime marketing target of the gambling industry.
Settlement conferences in the Southern District of Illinois By Gerald B. Cohn Federal Civil Practice, January 2003 Settlement conferences are held approximately 60 days prior to the Final Pretrial Conference.
Seventh Circuit addresses COGSA, the Hague Rules and Illinois bailment law in non-Carmack cargo litigation By Corey B. Stern Energy, Utilities, Telecommunications, and Transportation, December 2003 In Indemnity Insurance Company of North America, as subrogee of Lowe's Companies, Inc., v. Hanjin Shipping Company, O'Hare Services, and Channel Distribution, Case Nos. 02-2822 and 02-2933 (7th Cir. 10/31/03), the U.S. Court of Appeals for the 7th Circuit has held that plaintiff Indemnity Insurance Company of North America ("Indemnity") could not recover damages from defendant Hanjin Shipping Company ("Hanjin") on an international shipment that moved under Hanjin's waybill.
The Seventh Circuit finally gets into the (Foreign Trade Antitrust Improvements) Act By David A. O’Toole June 2003 Given that three other circuit courts have posited three different interpretations of the Foreign Trade Antitrust Improvements Act, it would have hardly seemed possible for the Seventh Circuit to plow any new intellectual ground on the subject.
Seventh Circuit holds beneficiary designation of group term life insurance controls over marital settlement agreement By Philip E. Koenig Trusts and Estates, May 2003 On April 8, 2003, the Seventh Circuit Court of Appeals, in the case of Melton v. Melton, held that the provisions of a beneficiary designation form control over conflicting provisions of a marital settlement agreement in determining the beneficiary of group term life insurance benefits.
Seventh Circuit holds Buckhannon applies to IDEA By Phil Milsk Animal Law, December 2003 In Buckhannon Board. & Care Home v. W. Va. Dept. of Health and Human Resources, 532 U.S. 598(2001), a case involving attorney fee-shifting provisions of the Americans with Disabilities Act and the Fair Housing Amendments Act, the Supreme Court held that in order to be a “prevailing party” under those acts a litigant must obtain judicially-sanctioned relief such as a judgment on the merits or a consent decree. 532 U.S. at 603-604.
Seventh Circuit narrows application of Illinois common fund doctrine in ERISA subrogation claims By Frank A. Perrecone Tort Law, October 2003 No situation in recent memory has perplexed plaintiff personal injury lawyers more than ERISA subrogation claims
Seventh Circuit sets standards for measuring Carmack damages By Corey B. Stern Energy, Utilities, Telecommunications, and Transportation, December 2003 The U.S. Court of Appeals for the Seventh Circuit has addressed important liability and damage issues arising out of litigation brought against motor carriers under the Carmack Amendment, 49 U.S.C. §14706. In American Nat'l Fire Insurance Co. as subrogee of Tabacalera Contreras Cigar Co. v. Yellow Freight Systems, Inc., Case Nos. 02-1639 and 02-1741 (7th Cir. 1/10/03), the court held that the plaintiff subrogee American Nat'l Fire Insurance Co. (National Insurance) had established its case against the defendant motor carrier Yellow and was entitled to recover damages for freight, taxes, fees, and insurance on the damaged portion of the shipment at issue.
Seventh Circuit upholds Title VII Laches defense By Glenn R. Gaffney Labor and Employment Law, November 2003 In National RR Passenger Corp v. Morgan, 536 US 101, 122 S.Ct. 2061 (2002) , the United States Supreme Court clarified and expanded the "continuing violation doctrine."
Shackled to Microsoft: What it means to the legal profession By Sharon D. Nelson & John W. Simek Legal Technology, Standing Committee on, April 2003 Hating Microsoft is easy. Almost everyone does. There may now be as many Microsoft and Bill Gates jokes as there are lawyer jokes.
A short course on advanced directives By James B. Moses, Jr. Government Lawyers, August 2003 Have you ever been at a social function or family gathering, and approached by a family member or friend with the dreaded words:"You're a lawyer aren't you?"
Short items Intellectual Property, December 2003 The Copyright Office and the Patent and Trademark Office delivered a report, "The Vessel Hull Design Protection Act: Overview and Analysis," to Congress on November 3.
A short quiz Real Estate Law, February 2003 1. A provision in a lease requiring the rent to be paid in gold is enforceable if:
Should you be taking those casino boat cases? By Kurt Niermann Workers’ Compensation Law, January 2003 The first district recently extended the jurisdictional reach of Illinois workers' compensation claims into a maritime setting in McCoy v. Industrial Commission, Ill.App. 1 Dist. Sep 26, 2002 (2002 WL 31128953).
Sisbro revisited By Richard D. Hannigan Workers’ Compensation Law, September 2003 What if everyone agreed that the employee had a pre-existing condition that had so far deteriorated that any activity could or might cause the employee to become disabled and require treatment?
So I’m an alien? I beg your pardon!—Why the Governor’s pardon may be required to avoid your client’s deportation from the United States (Part I) By Scott D. Pollock International and Immigration Law, September 2003 Immigration lawyers must sometimes go to Springfield or Chicago to ask the Governor, through the Illinois Prisoner Review Board, to issue executive clemency for even seemingly minor criminal offenses.
Someone you should know: Diann Marsalek By John Scully Government Lawyers, November 2003 Diann Marsalek has no trouble keeping busy. As Chief Counsel for the Illinois Department of Corrections (“DOC”), she is responsible for all legal affairs involving 13,000 DOC staff members, the 44,000 adults currently housed in Illinois’ correctional facilities, and the thousands more residing in adult transition centers and juvenile detention centers.
Someone you should know: Jan Paul Miller By Aaron Freeman Government Lawyers, August 2003 After graduating from Harvard Law School, Jan Paul Miller worked in private law firms in New York and Boston for partners who had previously worked as Assistant United States Attorneys.
Someone you should know: Miriam Miquelon By Polly Hampton & Judith Hahn Government Lawyers, February 2003 An interview with a United States Attorney is enough to make any two law students nervous.
Special registration and third-country nationals By Jacqueline Lentini McCullough International and Immigration Law, May 2003 How would you respond if a client asks, "I am a Canadian citizen, but I was born in Iran. Do I need to comply with Special Registration?"