Update by banking committeeBy Timothy J. HowardCommercial Banking, Collections, and Bankruptcy, February 2004Since our last meeting, we report the following matters relating to banking law:
U.S. Supreme Court decides bankruptcy cases of interestBy Jeffrey D. RichardsonCommercial Banking, Collections, and Bankruptcy, May 2004In our November 2003 issue I wrote an article about three bankruptcy decisions which were under review by the United States Supreme Court. I promised to keep you posted.
The U.S. Supreme Court reverses itself in Crawford v. WashingtonBy Margaret O’Mara FrossardBench and Bar, May 2004A recent ruling by the U.S. Supreme Court could make it more difficult for prosecutors to use out-of-court statements against defendants at trial.
U.S. Supreme Court to review 11th Circuit COGSA Himalaya Clause decisionBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, June 2004The U.S. Supreme Court has agreed to review the decision by the U.S. Court of Appeals for the 11th Circuit in Kirby v. Norfolk Southern Railway Company, Case No. 01-13776, decided August 8, 2002.
The use of lis pendens noticesBy Dennis R. BordynAgricultural Law, August 2004Many of us have seen the use of a lis pendens in situations where it just didn't seem right. Perhaps in conjunction with a divorce, by a realtor trying to collect a commission or as a purposeful impediment to a proposed sale of the land in an effort to collect money.
The use of TMDLs to regulate nonpoint sources of water pollutionBy Jorge MihalopoulosEnvironmental and Natural Resources Law, January 2004A nonpoint source of water pollution is generally understood to be pollution in the form of runoff from farming, ranching, forestry and land development activities.
Using the irrevocable insurance trustBy Jay S. GoldbergTrusts and Estates, June 2004Many of us are familiar with the Irrevocable Insurance Trust ("ILIT") as a direct means of leaving tax-free benefits to the family. This article will discuss other uses of the tool.
USX Corporation v. White (1st. Dist. 2004)By John B. TruskowskiState and Local Taxation, May 2004The appellate court upheld the Illinois Secretary of State's determination that a reverse triangular merger was not a statutory merger for Illinois franchise tax purposes.
A valued investigationBy Carol A. CesarettiWorkers’ Compensation Law, December 2004In Robert Ross v. Entenmann's Bakery and Industrial Commission of Illinois, 2004 Ill.App. LEXIS 1246, the First District affirmed the Commission's decision holding that the claimant failed to prove an accidental injury arising out of and in the course of his employment.
Vested rights and tort immunityBy John H. BrechinLocal Government Law, April 2004n 1981 the Village and O'Malley entered into an annexation agreement. In 1994 the parties extended the original annexation agreement to 2001 and O'Malley submitted a development concept plan to the Village
Visitability-A welcome idea in home designElder Law, October 2004When people think of accessibility aspects of home design-such as wheelchair ramps and siderails in the bathroom, they usually think of those features as either being present in a home or facility designed for persons with physical disabilities or having to be installed in a home of one who recently became disabled.
Voice of the co-editorBy Vickie GillioRacial and Ethnic Minorities and the Law, May 2004On April 3, 2004, our standing committee members met in St. Louis for our quarterly meeting in order to bring members together from throughout the state.
What can Kansas teach us? Casenote-Beware of spousal marital rights of electionBy Greg JohnsonElder Law, June 2004Testamentary trust principal can easily be considered an available asset to a Medicaid applicant if the Medicaid applicant is considered to have access to the principal because of a failure to elect a marital share.
What constitutes a valid appointment as a commissioner?By Michelle D. PorroWorkers’ Compensation Law, June 2004The appellate court tackled this question in Sleeter v. Industrial Commission. No. 4-02-1044 WC. The first issue brought by this claim is simply a manifest weight of the evidence argument regarding accident.
What do attorneys think of mediation?By Thomas D. CavenaghAlternative Dispute Resolution, December 2004Mediation has become an attractive option for resolving legal conflicts of a wide variety. Anecdotal evidence suggests continuing growth in the use of the process by attorneys, but empirical evidence supporting the supposition has not been developed widely.
What is necessary to establish that an individual has a disability?By Shari R. RhodeFederal Civil Practice, May 2004In Poor v. Bridgestone/Firestone, Inc. (Central District, Case No, 00-2321), the court issued a decision on a motion for summary judgment in a case under the Americans with Disabilities Act that provides an excellent text for anyone practicing or wishing to practice in the area of disability discrimination.
What is the Madrid Protocol?Intellectual Property, February 2004The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an "international application."
What the CAN-SPAM Act of 2003 means for associationsBy Henry HartCorporate Law Departments, January 2004On December 16, 2003 President Bush signed into law the "CAN-SPAM Act of 2003." The provisions of this Act that are most pertinent to a typical association are described below:
What’s all the fuss about VoIP? Money! A CoLT primerBy Peter MierzwaLegal Technology, Standing Committee on, September 2004VoIP or Voice Over Internet Protocol is the technology that allows you to make telephone calls using a broadband Internet connection instead of a regular, analog phone line.
When filing a summons for the employer, make sure the principal signs the bondBy Richard D. HanniganWorkers’ Compensation Law, March 2004In Freedom Graphic Systems, Inc. v. Industrial Commission, the appellate court addresses the issue of whether section 19(f) requires "strict compliance" when a bond is filed with the circuit court but unsigned.