Section Newsletters

Articles From 2003

Case law update By Katie Ruder Alternative Dispute Resolution, May 2003 The 3rd U.S. Circuit Court of Appeals ruled unanimously that because federal judges have the power to sever provisions of an arbitration agreement that violate federal law before sending the case to arbitration, an otherwise unenforceable agreement containing such provisions is enforceable.
Case law update Criminal Justice, May 2003 Danville police officers, while observing two females sitting in a pickup truck, noticed a bottle of beer in the center console. Suspecting underage drinking, they stopped to identify both individuals.
Case law update By Lee Ann Schoeffel Government Lawyers, May 2003 South 51 Development Corp. v. Vega, No. 1-01-3251, 1-01-3255, 1-01-3260 cons. (1st District, November 26, 2002).
Case law update By Ellen Pauling Child Law, April 2003 State filed a petition against mother, seeking termination of her parental rights to five of her children.
Case law update By Katie Ruder Alternative Dispute Resolution, April 2003 The appellate court ruled that the trial court was not abusive in its judgment when it excluded the plaintiff, Subrogation Company Government Employees, from declining a mandatory arbitration award of $0.
Case law update By Janet Bend Child Law, February 2003 State filed a petition against mother seeking termination of parental rights to her child.
Case law update By Katie Ruder Alternative Dispute Resolution, February 2003 HMO Patients and physicians sued the HMOs, complaining that the companies violated the Racketeer Influenced and Corrupt Organizations Act (RICO), the Employee Retirement Income Security Act (ERICSA), and several other laws at the state and federal level.
Case law update By Lee Ann Schoeffel Government Lawyers, February 2003 Dahman v. Illinois Department of Human Rights, No. 4-01-0675 (4th District, October 18, 2002).
Case law update Workers’ Compensation Law, January 2003 In Hunter v. Southworth Products Corporation, 333 Ill. App. 3d 158 (Aug. 14, 2002), ExxonMobil purchased and installed a hydraulic lift table in its Jacksonville plant.
Case note By Alfred M. Swanson, Jr. Local Government Law, October 2003 Tort Immunity Act limitations period does not apply to construction. Hager v. II In One contractors, Inc., The City of Chicago, and Public Building Commission, 1-01-4222, September 5, 2003; Reid, J.
Case note: Agent’s power in short form power of attorney for property limited to powers granted by statute without additional language By John W. Foltz Elder Law, April 2003 On March 29, 2002, the appellate court made an important decision re-emphasizing the limitations of the language of the Statutory Short Form Power of Attorney for Property (SSFPOA).
Case note: Forrester v. Seven Seventeen HB St. Louis Redevelopment Corp.— Jurisdicition under Illinois’ long-arm statute Tort Law, May 2003 In Forrester v. Seven Seventeen HB St. Louis Redevelopment Corp, d/b/a "Adams Mark, the Hotel of St. Louis," 336 Ill.App.3d 572, 784 N.E.2d 834 (4th Dist. 2002), plaintiff's car was damaged while in valet parking at defendant's hotel in St. Louis, Missouri.
Case note: Medical malpractice certificates not required in nursing home litigation By Lee Beneze Elder Law, April 2003 Eads v. Heritage Enterprises, Inc.; Illinois Supreme Court, No. 92691; majority opinion by Justice Rarick, dissent by Justice Garman, joined by Chief Justice McMorrow and Justice Thomas; filed February 21, 2003
Case note—Federal court denies appeal of ALJ’s denial of medicare coverage of experimental prostate surgery By Steven C. Perlis Elder Law, June 2003 The plaintiff was diagnosed with prostate cancer in 1994.
Case study: Employing complex financial and operative techniques to keep a troubled TIF afloat: Sauk Village’s experience with its own TIF III By Lou Vitullo & Brandon Hummel Local Government Law, October 2003 Sauk Village's ("Village") experience with its third tax-increment financing district ("TIF III") provides invaluable insight into how a municipality can use creative operational and financial techniques to steer a TIF through economically trying times and ultimately to financial recovery.
Case summaries By Michael Kiley & Alfred M. Swanson, Jr. Bench and Bar, November 2003 Union Planters Bank, N.A. v. FT Mortgage Companies, et al., 341 Ill.App.3d 921794 N.E. 2d 360 (5th Dist. 2003):
Case summaries By Alfred M. Swanson, Jr. & Willis R. Tribler Bench and Bar, August 2003 People v. Terrell, 5-02-0367 (5th Dist. 6/11/2003) (Chapman, J.). Defendant was acquitted in a bench trial of attempted murder, but convicted of solicitation of murder.
Case summaries By Michael Kiley & Alfred M. Swanson, Jr. Bench and Bar, June 2003 The defendant appealed his conviction on two counts of aggravated criminal sexual assault.
Case summaries By Joan Smuda, Hon. Michael Kiley, & Alfred M. Swanson, Jr. Bench and Bar, May 2003 In December 1998, the State sought to terminate the parental rights of respondent parents to their two children.
Case summaries By Kyle Murray Employee Benefits, April 2003 Hackett suffered from a personality disorder, making it difficult for him to interact with co-workers.
Case summaries By Hon. Michael Kiley, Hon. Eddie Stevens, & Alfred M. Swanson, Jr. Bench and Bar, March 2003 The defendant was found guilty of driving under the influence of alcohol. On appeal, the defendant contended, inter alia, that it was error to allow the State to introduce evidence that the defendant refused to submit to breath alcohol testing by way of a portable breath test instrument (PBT).
Case summaries By Alfred M. Swanson & Thomas A. Bruno Bench and Bar, January 2003 The issue involved both the interpretation and constitutionality of section 2-1117 of the Code of Civil Procedure (735 ILCS 5/2-1117) that modified the common law rule of joint and several liability.
Case synopses By Stanley R. Kaminski State and Local Taxation, April 2003 On December 2, 2002, the Circuit Court's reversed its earlier decision (of February 5, 2002) in favor of Mead Corporation in which it held that "gross receipts" from the sale of investments should be included in the apportionment factor for income tax purposes, rather than the "net income" from such sales.
Case update: Residential placement costs Education Law, December 2003 The Illinois Supreme Court will consider whether a juvenile court has the statutory authority to order a school district to pay for the educational portion of the costs associated with an adjudicated delinquent’s court-ordered residential placement.
Cases Insurance Law, September 2003 Commonwealth Insurance Company v. Stone Container Corporation, 323 F.3d 507 (7th Cir. 2003) (1402)Stone Container Corporation had a plant in Florida for which it procured insurance coverage through Aon Risk Services, its insurance broker.
Cases Insurance Law, July 2003 Government Employees Insurance Company v. Campbell, 335 Ill.App.3d 930, 781 N.E.2d 639, 269 Ill. Dec. 842 (1st dist. 4th div. 2002) (1378)
Cases Insurance Law, February 2003 Action for direct and contributory patent infringement and inducing others to commit patent infringement did not allege covered offense occurring in the course of advertising.
Cashing out the structured settlement By W. Eric Fasking Civil Practice and Procedure, February 2003 An increasing trend in the marketplace is for factoring companies to entice successful personal injury claimants into cashing out structured settlements.
Central Illinois Light Company v. Consolidation Coal Company Mineral Law, March 2003 Case No. 01-1477, decided December 30, 2002 in the United States District Court For The Central District Of Illinois - Peoria Division
Chairman’s column By Thomas M. Battista Administrative Law, November 2003 For many years this Section has formally supported legislation that would create a new Illinois Department of Administrative Hearings.