Illinois law provides new protections to non-citizen defendantsBy Attila BogdanInternational and Immigration Law, December 2004As many immigration practitioners know all too well, the consequences of a non-citizen's criminal conviction are very different from those of a United States citizen.
Illinois law school deans are a model of diversityBy Alice M. Noble-AllgireWomen and the Law, June 2004Illinois reached a significant milestone during the past year when Patricia Mell and Peter Alexander became the first black deans—and Mell the first female dean—at their respective law schools.
Illinois law school deans are a model of diversityBy Alice M. Noble-AllgireRacial and Ethnic Minorities and the Law, March 2004Illinois reached a significant milestone during the past year when Patricia Mell and Peter Alexander became the first black deans—and Mell the first female dean—at their respective law schools
Illinois paves the way with new “providing alcohol or drugs to minors” legislationBy Michael J. MarovichCivil Practice and Procedure, December 2004On two separate occasions in the past nine years, the Illinois Supreme Court has been called to address the issue of social host liability for serving of alcoholic beverages to minors.
Illinois Supreme Court decision assists Illinois driver leasing companiesBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, April 2004On February 20, 2004, the Illinois Supreme Court issued a decision which will greatly assist the Illinois driver leasing industry in H&M Commercial Driver Leasing, Inc. v. Fox Valley Containers, Inc., Docket No. 96057.
Illinois Supreme Court finds municipal demolition statute constitutionalBy Jack H. TibbettsReal Estate Law, March 2004The Illinois Supreme Court on February 20, 2004 reversed the Illinois Second District Appellate Court and found the Illinois statute contained at 65 I.L.C.S. 5/11-31-1 constitutional.
Illinois Supreme Court issues two decisions in family law areaBy Susan M. BrazasRacial and Ethnic Minorities and the Law, November 2004The Illinois Supreme Court has recently issued two opinions significant to attorneys practicing in the areas of child custody and child neglect.
Illinois Supreme Court narrows scope of landowner protection under the Illinois Recreational Use ActBy A. Bryan EndresAgricultural Law, April 2004In December 2003, the Illinois Supreme Court decided Hall v. Henn, 208 Ill. 2d 325, 802 N.E.2d 797 (2003), which held that the Recreational Use of Land and Water Areas Act2 ("Recreational Use Act") offers protection from negligence liability only to those landowners who open their property to the general public for recreational use.
Immigration issues for health care facilities seeking to hire foreign workersBy Scott D. PollockInternational and Immigration Law, March 2004Hypothetical Case #1: Dr. Sam Mazdejadeh, a citizen of Iran, is completing his cardiology residency at a well-known teaching hospital. He has published several highly regarded papers on new techniques he developed in angioplasty; his research has been used and cited by other leading researchers.
Immigration law alertBy Gabrielle M. BuckleyInternational and Immigration Law, January 2004The U.S. Department of Homeland Security ("DHS") is setting up a new electronic entry-exit system, called US-VISIT, that will collect and share information, including biometric identifiers, on visitors to the United States.
Implied Immunity: Stock Exchanges Options survives TrinkoBy Robert E. DrabaNovember 2004"Section 1 of the Sherman Act makes illegal any contract, combination or conspiracy in restraint of trade."1 But Congress has the power to exempt conduct from liability under Section 1 with a regulatory scheme.
The importance of “government” for taxesBy Julie-April MontgomeryState and Local Taxation, February 2004The power of government to tax is of unequivocal importance in today's modern society. But what is government for purposes of taxation?
Important new public actsBy Larry FrangLocal Government Law, January 2004House Bill 223 amends the Criminal Code to exempt electronic recordings made of a custodial interrogation of an individual by a law enforcement officer at a police station or other place of detention from an eavesdropping violation. Statements made by suspects during custodial interrogation are presumed inadmissible unless they are electronically or digitally recorded.
In defense of Chief IlliniwekBy Roger HuddlestonHuman and Civil Rights, October 2004For 78 years, Chief Illiniwek has been the symbol of the spirit of a great university and of its intercollegiate athletic teams, and as such, is loved by the people of Illinois.
In re Flat Glass Antitrust LitigationNovember 2004In late September, the Third Circuit reversed in part the Western District of Pennsylvania's grant of summary judgment for a defendant glass manufacturer alleged to have participated in a price-fixing conspiracy.
In-sitesBy Kelly WingardGovernment Lawyers, March 2004Now that the last remnants of Christmas have been packed away and hauled to the attic, it is time to pull out the calculator, W-2s, and receipts in preparation for the 2003 tax-filing season.
“Increased risk” as analyzed by the 5th DistrictBy Carol A. CesarettiWorkers’ Compensation Law, December 2004In Nascote Industries v. Industrial Commission, 2004 Ill.App. LEXIS 1326 5-03-0706WC (5th Dist. 2004) the 5th District distinguished Caterpillar Tractor in its analysis of what constitutes "increased risk."
Individual income tax updateBy James H. SchultzFederal Taxation, December 2004The Working Families Tax Relief Act of 2004 and American Jobs Creation Act of 2004 represent an election year gift for the individual taxpayer.
Individual income tax updateBy James S. ZmudaFederal Taxation, May 2004In Montgomery, 122 T.C. No. 1 (2004), the Montgomerys filed a joint return reporting tax due of $196,006. The taxpayers did not remit the payment. The Internal Revenue Service ("IRS") assessed the reported tax, accepted the return as filed and did not audit the return or issue a notice of deficiency.
The Industrial Commission must determine who the aggressor wasBy Michelle D. PorroWorkers’ Compensation Law, June 2004Our Supreme Court definitively determined that when the underlying accident is a fight between employees, the Industrial Commission must determine which of the employees was the aggressor in Sandra Franklin v. the Industrial Commission, in an opinion filed May 20, 2004. Id., Docket No. 96857 (Il. S. Ct. 2004).
Industrial Commission newsWorkers’ Compensation Law, September 2004On January 1, 2005, the Industrial Commission will change its name to the Illinois Workers' Compensation Commission.
Industrial Commission newsBy Richard D. HanniganWorkers’ Compensation Law, June 2004By the time this newsletter is received by your office there may be amendments to the Workers' Compensation Act.
Infusion Resources v. Minimed, 351 F.3d 688 (5th Cir. 2003)June 2004Infusion Resources, Inc. and Diabetes Resources, Inc., d/b/a Insulin Infusion Specialties ("IIS"), brought suit against Minimed, Inc. ("Minimed") for price discrimination under the Robinson-Patman Act ("RPA"), 15 U.S.C. Section 13(a)/ Section 2(a) Clayton Act, and the Louisiana Price Discrimination Act ("LPDA"), La. R.A. Section 51:3331; a claim for lack of fair dealing under the Louisiana Unfair Trade Practices Act ("LUPTA"), La. Section 51:1409; and claims for breach of the implied duty of good faith, breach of contract, defamation and violation of trade secrets.
The ins and outs of understanding the Illinois Income TaxBy Stanley R. KaminskiState and Local Taxation, July 2004This article is taken from the recent Illinois State Bar Association (Law Ed Services) Seminar presented by the ISBA State and Local Taxation Section Council at the 2004 ISBA Annual Meeting on June 19, 2004, at the Abbey in Fontana, Wisconsin.