Please don’t step on my graveBy John W. DamischMineral Law, March 2004Editor's note: The editor is privileged to know and count as a friend the lawyer who won the trial and appeal in this case.
Please don’t step on my graveBy John W. DamischAgricultural Law, February 2004As a boy, when we visited our ancestor's at the cemetery we believed that it was bad luck and bad manners to walk on someone's grave.
Postmortem QDROs-May benefits be divided after death?By William L. Scogland & Mark A. BerggenEmployee Benefits, June 2004Issues regarding the qualification of postmortem domestic relations orders ("DROs") continue to exist as a unified approach among the United States Circuit Courts of Appeals has yet to be made clear to benefit law practitioners.
Practical considerations in responsing to subpoenas and search warrantsBy Daniel M. PurdomCorporate Law Departments, July 2004Veteran white collar criminal defense attorneys can provide a litany of horror stories in which seemingly inconsequential underlying conduct resulted in serious charges of obstruction of justice because of a poorly organized or supervised response to a subpoena or to the execution of a search warrant.
Practitioner resourcesBy Michael O’BrienAlternative Dispute Resolution, December 2004In his latest book, 25-year veteran of ADR, Bernard Mayer, takes a critical look at the field of mediation as a whole and explores where conflict resolution as a field is now and where it should or possibly could be.
Prescription drug price relief-NowBy Walter J. Zukowski & James S. PetersElder Law, March 2004While American seniors await the full impact implementation of the new prescription drug benefit to Medicare, many Illinois residents can already enjoy a variety of means of reducing prescription drug costs.
A primer on caregiver stress for the elder law practitionerBy Charles LeFebvreElder Law, June 2004Most practitioners realize that the elder law practice is not so much assisting clients and their families with the legal affairs associated with aging-the typical definition.
Product review: Citrix Metaframe XPBy Trent L. BushLegal Technology, Standing Committee on, September 2004If your firm is like mine, you tend to procrastinate when it comes to making technology-related decisions.
Professionalism and the practice of law as a trial lawyerBy Mart R. VogelBench and Bar, May 2004Back in 1990, shortly after I had finally retired from the active practice of law, I was asked to give a lecture to the students at the University of North Dakota Law School.
Profile of Jorge MontesBy Andrew FoxRacial and Ethnic Minorities and the Law, November 2004This story is about building the future. Since law school, Jorge Montes has been attracted to the ISBA.
Proposed Agricultural Law Section Council mission statementAgricultural Law, February 2004The Scope and Correlation Committee of the Illinois State Bar Association has asked each section to develop a mission statement to define ways to provide more relevant and useful services to section members.
Public utility condemnation reviewBy Boyd J. Springer & Sue A. SchultzEnergy, Utilities, Telecommunications, and Transportation, June 2004Members of the Section are likely aware that the Illinois Commerce Commission ("ICC") exercises broad authority under the Illinois Public Utilities Act ("PUA") (220 ILCS 5/1-101 et. seg.) over the rates and activities of investor-owned public utilities.
The Public Works Contract Change Order Act: The creation of the re-bid requirementBy Michael T. JurusikLocal Government Law, June 2004To address the problem of bidders who submit unreasonably low bids to secure public works contracts and then seek large change orders that are more reflective of the actual cost of the project, on January 22, 2004, Governor Rod Blagojevich signed House Bill 940 into law as Public Act 93-0656, which is known as the "Public Works Contract Change Order Act." 50 ILCS 525/1 et seq. ("the Act").
QDRO processing costs can be allocated to individual accountsBy Michael Todd ScottEmployee Benefits, June 2004On May 19, 2003, the Department of Labor (DOL) issued Field Assistance Bulletin 2003-3 to address the allocation of certain defined contribution plan expenses among participant accounts.
QDRO processing costs can be allocated to individual accountsBy Michael Todd ScottCorporate Law Departments, January 2004On May 19, 2003, the Department of Labor (DOL) issued Field Assistance Bulletin 2003-3 to address the allocation of certain defined contribution plan expenses among participant accounts.
Query: The Fiduciary Shield Doctrine. Have the exceptions swallowed the rule?By John B. KinkaidCivil Practice and Procedure, November 2004This sometimes obscure but very important rule implemented to protect employees of foreign corporations doing business in Illinois from the improper exercise of our court's jurisdiction has been with us since 1959.
Real property tax advantages of a Class L (Landmark) designationBy Karen DimondState and Local Taxation, June 2004Under the Cook County Real Assessment Classification Ordinance, non-residential property that has been designated a landmark building or a contributing building in a historic or landmark district may be eligible for a "Class L" designation.
Recap of 2004 guidance on Health Savings AccountsBy Jennifer WaltonEmployee Benefits, December 2004Health Savings Accounts (HSAs) were created in the Medicare bill signed on December 8, 2002 by President Bush and outlined in his State of the Union speech.
Recent antitrust decisionsJanuary 2004United States v. Visa U.S.A., Inc., 344 F.3d 229 (2d Cir. 2003): Defendants Visa, U.S.A., Inc., VISA International Corp. and MasterCard International Inc., appealed the District Court's finding that their "exclusivity plans" violated section 1 of the Sherman Act. Visa, U.S.A. and MasterCard, each a joint venture of numerous banks, had membership rules that allowed their members to offer both Visa and MasterCards, but prohibited the members from offering any other competing charge or credit card.
Recent casesWorkers’ Compensation Law, September 2004Litchfield Healthcare Center v. The Industrial Commission, 349 Ill.App.3d 486, 812 N.E.2d 401, 285 Ill.Dec. 581, involved an employee who was a certified nursing assis Litchfieldtant.
Recent casesBy Thomas M. Moran & James J. AhernTraffic Laws and Courts, April 2004A police officer has authority to stop a vehicle when the driver remains at a standstill for 20 seconds after the traffic control signal turns green. In People v. Kelly, No. #2-02-0274, ___ Ill.App.3d ___, 802 N.E.2d 850, 280 Ill.Dec. 599 (2d Dist. 2003), after the officer observed the defendant's vehicle remain stopped at an intersection for approximately 20 seconds after the light turned green.
Recent decisionBy Terry ShaferAdministrative Law, March 2004Address for service of summons to Defendant's designated agent in administrative proceeding may be sufficient in a subsequent appeal to the court where timely filed, Defendant had actual notice, no prejudice was suffered and good faith was found.