Section Newsletters

Articles From 2005

How many plaintiffs make a party? By Daniel B. Shanes Bench and Bar, September 2005 In most lawsuits, the plaintiff and defendant are each entitled to one motion for substitution of judge as a matter of right. But how does that apply in a multiple-plaintiff civil case?
How void is void? By Daniel B. Shanes Bench and Bar, December 2005 The Appellate Court recently held that in multiple-plaintiff cases, each plaintiff enjoys one substitution-of-judge motion as a matter of right, but those plaintiffs that choose not to join in the substitution-of-judge motion later lack standing to object to that motion’s disposition.
IDEIA 2004 proposed rules released Education Law, June 2005 The United States Department of Education has issued proposed rulemaking to implement the Individuals with Disabilities Education Improvement Act of 2004, Public Law 108-446.
Illinois & HIPAA: Preemption, identification of personal representatives, and activated status of health care powers By Sowmya Bharathi Trusts and Estates, March 2005 The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") is a federal statute that provides for the development of uniform national health information data standards and privacy standards.
The Illinois accountant privilege in federal court By Janice M. Powell Federal Civil Practice, May 2005 In actions based upon federal laws brought in federal court, the accountant's privilege set forth in the Illinois statute has no force and effect. But what happens if a complaint contains both state and federal law claims?
Illinois Appellate Court finds MCS-90 endorsement inapplicable to owner operator’s claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2005 On April 6, 2005, the Illinois Appellate Court for the First District issued its decision in Canal Insurance v. A&R Transportation and Warehouse, LLC., Case No. 1-04-0881.
Illinois can’t leave leave laws well enough alone: A review of the Illinois Family Military Leave Act By Jeffrey D. Lester Corporate Law Departments, October 2005 This article briefly reviews the Act and its imposition of new duties on Illinois corporations and their employees.
Illinois Commerce Commission sets to work on implementing Governor Blagojevich’s Sustainable Energy Plan for electric utilities and alternative retail electric suppliers By Michael S. Pabian Energy, Utilities, Telecommunications, and Transportation, June 2005 In February of this year, Governor Blagojevich announced his Sustainable Energy Plan for the state and sent that Plan with his strong recommendation to Chairman Ed Hurley of the Illinois Commerce Commission for the Commission's consideration.
The Illinois Department of Revenue Practitioner’s Meeting, September 30, 2005 State and Local Taxation, November 2005 Q and As from the most recent meeting.
Illinois drilling permits-Do high prices translate to increased activity? By James K. Weston, Sr. Mineral Law, September 2005 An analysis of drilling permit applications in the last year and a quarter is now beginning to reflect a modest increase in production activity.
Illinois drilling permits-Do high prices translate to increased activity? By James K. Weston, Sr. Mineral Law, June 2005 An analysis of drilling permit applications in the last year and a quarter is now beginning to reflect a modest increase in production activity.
Illinois drilling permits-Do high prices translate to increased activity? By James K. Weston, Sr. Mineral Law, March 2005 An analysis of drilling permit applications in the last year and a quarter is now beginning to reflect a modest increase in production activity.
Illinois drilling permits—Do high prices translate to increased activity? By James K. Weston, Sr. Mineral Law, December 2005 An analysis of drilling permit applications in the last year and a quarter is now beginning to reflect a modest increase in production activity.
Illinois Educational Labor Relations Board decisions By Rob Lyons Education Law, January 2005 Recent cases of interest to education law practitioners.
Illinois groups turn to international bodies for assistance in promoting human rights By David W. Austin Human and Civil Rights, September 2005 As illustrated by two recent news stories, bar associations and human rights organizations in Illinois are increasingly turning to international bodies in their efforts to combat local abuses of human rights.
The Illinois Human Rights Act: What the new “Sexual Orientation” Amendment does (and does not) require By Mark E. Wojcik Human and Civil Rights, March 2005 The Illinois Human Rights Act prohibits invidious acts of discrimination in employment, real estate transactions, access to financial credit, and the availability of public accommodations.
Illinois Judicial Circuit Rules Directory By J.A. Sebastian Bench and Bar, September 2005 Technology has changed reliance on yellow legal pads as cell phones and personal digital assistant ("PDAs") assume a greater use among lawyers for noting dockets and phone numbers.
Illinois’ license fee increases under attack By Stanley R. Kaminski State and Local Taxation, January 2005 On November 29, 2004, Judge Patrick McGann of the Circuit Court of Cook County (Chancery Division) struck down as unconstitutional the surcharge imposed on Employers' Workers Compensation Insurance Premiums by Public Act 93-0032 (the fiscal year 2004 budget implementation act). 215 ILCS 5/416.
Illinois modifies Illinois estate tax to apportion the state death tax credit amount among other states with tax situs real estate By David A. Berek Trusts and Estates, August 2005 On August 2, 2005 Governor Blagojevich signed HB 1570 (PA 94-0419) effective as of January 1, 2003, which modifies the calculation of the Illinois estate tax.
Illinois Power of Attorney Act being reviewed for possible changes Elder Law, March 2005 The Elder Law Section Council has undertaken a major review of the Illinois Power of Attorney Act.
The Illinois State Officials and Employees Ethics Act By Lynda K. Given & Timothy A. Stratton Education Law, September 2005 This article will summarize pertinent provisions of the Act, including those related to the Article 10 Gift Ban and the Article 5 Prohibited Political Activities.
Illinois Supreme Court finds NI-Gas has a duty to warn customers of faulty appliance connectors By Michael S. Pabian Energy, Utilities, Telecommunications, and Transportation, June 2005 In Adams v. Northern Illinois Gas Company, plaintiff's decedent was killed in a gas explosion when gas leaked in her home because of a faulty appliance connector.
The Illinois Supreme Court plows through the snowy issue of concurrent employment By James Tyrrell Workers’ Compensation Law, June 2005 In a decision noteworthy for both average weekly wage determinations and wage differential awards, the Illinois Supreme Court in Flynn v Industrial Commission, 211 Ill.2d 546, 286 Ill. Dec.62, 813 N.E.2d 119, (June 17, 2004) held that a claimant who sustained serious injury while working a part time job was entitled to a wage differential award based on both the part time job and his regular, though seasonal, work as a truck driver even though he had been temporarily laid off from the driving job at the time of the accident.
The Illinois Victims’ Economic Security and Safety Act of 2003: A guide for employers on VESSA requirements By Julie A. Piotrowski-Govreau Labor and Employment Law, May 2005 On August 25, 2003, Governor Rod Blagojevich signed into law the Victims' Economic Security and Safety Act (VESSA).
Illinois Whistleblower Law Upheld in Scachitti, et al. v. UBS Financial Services, et al., 2005 Ill. LEXIS 949 (June 3, 2005) By Stanley R. Kaminski State and Local Taxation, August 2005 In Scachitti v. UBS Financial Services ("UBS") and Scachitti v. Morgan Stanley Dean Witter & Company ("Morgan"), the plaintiffs brought their lawsuits as (i) common law taxpayer derivative actions, (ii) private citizen actions on behalf of the State under 735 ILCS 5/20-104(b) and (ii) qui tam actions under the provisions of the Illinois Whistleblower Act ("Whistleblower Act"), 740 ILCS 175/1 et seq.
Imaginative sanctions put pressure on attorneys By Judith G. Lysaught Bench and Bar, May 2005 In three recent cases from three different jurisdictions, attorneys have been either reprimanded or sanctioned largely because of the actions of other attorneys.
Immigration Consultation Corner: #1-Expedited removal consequences By Scott D. Pollock International and Immigration Law, September 2005 A U.S. citizen comes to see you about her husband, who was deported from the U.S. after attempting to enter on a false passport.
Immigration Consultation Corner: #2- International students—Changing non-immigrant visa status in the U.S. By Scott D. Pollock International and Immigration Law, December 2005 A foreign national comes to see you about attending school in the U.S. She last arrived two weeks ago on a B-2 visitors visa.
Immigration law alert By Gabrielle M. Buckley International and Immigration Law, March 2005 The president signed into law legislation which reinstates certain H-1B requirements and adds certain fees and restrictions relating to H and L visa status.
Immigration law update By Alen Takhsh International and Immigration Law, May 2005 The U.S. Court of Appeals for the Seventh Circuit affirmed the order removing Luis F. Padilla to his native country of Mexico for giving a police officer false information following a traffic violation.