Closing argument: Using enlarged trial transcripts and jury instructionsBy Patrick M. KinnallyCivil Practice and Procedure, May 2003You just completed a four-day trial. The plaintiff claims it is entitled to money damages because your client, Tiger, L.L.C., delivered certain lockers that did not conform to plaintiff, Mason School District's, bid specifications.
Collaborative law— A new way to work the old problem of divorceWomen and the Law, September 2003If the term "collaborative law" is not already familiar to you, it soon will be. Illinois has recently joined a number of other states in forming a collaborative law institute for the education and promotion of this newest model of dispute resolution
Comments from the editorAgricultural Law, September 2003As we all know, "agricultural law" is an amalgamation of other areas of the law, ranging from real estate to environmental law and estate planning to corporations.
Commission NewsBy Richard D. HanniganWorkers’ Compensation Law, December 2003Updates from the Illinois Industrial Commission.
Committee member appointed by GovernorRacial and Ethnic Minorities and the Law, May 2003Congratulations go out to Committee Member Zaldwaynaka "Z" Scott on her recent appointment by Governor Blagojevich to an Inspector General position.
Committee member chosen by OprahRacial and Ethnic Minorities and the Law, May 2003Timijanel Boyd-Odom ("Timi") recently appeared on the Oprah Show (May 12, 2003) after being selected from thousands of entries from viewers who had challenges in their homes regarding decorating a room.
Common interest of defendants & joint defenseBy Donald PetersonCorporate Law Departments, May 2003Two defendants often share an interest in defeating or minimizing plaintiff's claim.
“Common Law” trademark protection in Japan?By Jiri M. Mestecky & Koya UemuraIntellectual Property, August 2003There is a common misperception among intellectual property attorneys and businesspeople in "common law" countries, such as the United States, that "civil law" countries, such as Japan, France, Germany and others, provide little or no protection for unregistered trademarks.
Competition policy in the new economyMarch 2003The greatest challenge to competition policy at the beginning of the 21st century is the acceleration of technical change and innovation that has created a new competitive dynamism in a range of markets sometimes collectively referred to as the "new economy."
The Concentrated Animal Feeding Operation (CAFO) revised ruleBy Michael R. BermanEnvironmental and Natural Resources Law, February 2003On December 16, 2002, the United States Environmental Protection Agency (U.S. EPA) announced a final rule that will require all large Concentrated Animal Feeding Operations (CAFOs) to obtain permits that will ensure they protect America's waters from wastewater and manure.
The Concentrated Animal Feeding Operation (CAFO) revised rule*By Michael R. BermanAgricultural Law, May 2003On December 16, 2002, the United States Environmental Protection Agency (U.S. EPA) announced a final rule that will require all large Concentrated Animal Feeding Operations (CAFOs) to obtain permits that will ensure they protect America's waters from wastewater and manure.
Concurrent employmentBy Bradford J. PetersonWorkers’ Compensation Law, September 2003In Flynn v. Industrial Commission, the claimant worked during the summer months as a truck driver for an asphalt company, but was injured while employed by Utica Township to clear snow during the winter.
Confidentiality & joint defenseBy Donald PetersonCorporate Law Departments, April 2003McNally Tunneling Corp. v. City of Evanston, No. 00 C 6979, 2001 U.S.Dist. LEXIS 17090, October 18, 2001, examined a joint defense and settlement agreement and disclosure to the plaintiff
Confidentiality of medical records: An interesting case transposed to IllinoisBy David SpagatGeneral Practice, Solo, and Small Firm, June 2003Under what circumstances, by whom and for what purpose, can the privacy of your medical records be breached notwithstanding the many statutes denying this right to third persons or agencies?
The constitutionality of court-annexed mediationBy Matthew KingAlternative Dispute Resolution, October 2003Mediation has been gaining momentum in recent years. At the same time, court dockets are becoming even more congested as more and more lawsuits are being filed.
Controlling “crisis” response will determine corporate survivalBy Valerie C. Perera & Geary W. SikichBusiness Advice and Financial Planning, June 2003Corporate America is facing a time unparalleled in history. Since the events on that fateful morning of September 11th, the landscape of business has fundamentally changed.
Conversion claim preempted by CarmackBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, January 2003In Chen v. Mayflower Transit, Inc., 2002 Fed. Carr Cases &84,251 (7/19/02), the U.S. District Court for the Northern District of Illinois confronted several state law claims which arose on a household goods move from Atlanta to Chicago.
Corporate and partnership tax updateBy Michael L. EnglishFederal Taxation, April 2003In Seggerman Farms, Inc., 2002 TNT 207-5, the Seventh Circuit Court of Appeals, affirming the Tax Court, has held that shareholders of a family farm corporation must recognize gain on the transfer of assets to the corporation where the liabilities assumed by the corporation exceeds the adjusted basis of the property transferred.
Cost of doing business: Air freight carriers pay prejudgment interest tooBy Michael S. Schimmel & Matthew J. KisslingInternational and Immigration Law, May 2003While the Warsaw Convention appears on its face outdated and the Hague Protocol inapplicable, these two doctrines are still well alive and are often applied in modern day situations.
Council votes support for repeal of 765 ILCS 535Mineral Law, September 2003At its September meeting in Mt. Vernon, the Section Council heard the recommendation of Past Chair George C. "Curt" Lackey of Centralia that we support the repeal of 765 ILCS 535, the Oil and Gas Lease Release Act.
Court costs in civil casesBy Hon. Terrence J. BradyBench and Bar, June 2003The Illinois Supreme Court has put the defining word on the issue of recoverable court costs in civil cases.
Court finds assignment to harder job is not an adverse employment actionBy Michael R. LiedLabor and Employment Law, February 2003In White v. Burlington Northern & Santa Fe Railway Company, 310 F.3d 443 (6th Cir. 2002), White was a track maintenance worker who primarily operated a fork lift. White complained the employer treated her differently because of her sex and said her foreman had twice made inappropriate remarks
Court refuses to limit jury’s damages award on disabilities claimBy Michael R. LiedLabor and Employment Law, February 2003In Gagliardo v. Connaught Laboratories, Inc., 2002 U.S. App. LEXIS 23953 (3rd Cir. 2002), Gagliardo worked as a customer service representative for Connaught Laboratories, Inc., (CLI).
