Section Newsletters

Articles From 2005

People v. Stipp: Blood serum alcohol concentration test results are admissible in DUI prosecutions under 625 ILCS 5/11-501.4 By J. Brick Van Der Snick Traffic Laws and Courts, January 2005 In People of the State of Illinois v. Stipp, 349 Ill.App.3d 955 (3rd Dist June 23, 2004), the Illinois Appellate Court held that the word "blood"as used in Section 11-501.4 of the Illinois Vehicle Code should be interpreted to include not only whole blood alcohol concentration test results, but whole blood alcohol concentrations converted from blood serum test results.
Personal Information Protection Act requires notification of security breaches By Michael R. Lied Human and Civil Rights, August 2005 A new Illinois statute, effective January 1, 2006, requires entities which collect personal data to notify individuals when there has been a breach of computer system security and where personal information may have been acquired.
Petitions for contribution to attorney fees in postdecree cases: An update on the law By Rachel C. Heyman Family Law, September 2005 Section 508 of the Illinois Marriage and Dissolution of Marriage Act (“IMDMA), 750 ILCS 5/508(a), allows one party to seek contribution to his attorney fees from the opposing party in dissolution actions.
Policyholder victory in Illinois Supreme Court By Raymond T. Reott Environmental and Natural Resources Law, May 2005 With rare exception, the Illinois Supreme Court has been supportive of policyholders seeking insurance coverage under Comprehensive General Liability Policies for environmental contamination claims.
Political trademarks: Intellectual property in politics and government By Daniel Kegan Local Government Law, January 2005 Confusion, deception, and mistake are generally unlawful in marketing campaigns. 14 USC § 1125 (a) [Lanham Act § 43(a)].
Politics and Plan B By Avni Patel Administrative Law, November 2005 On August 26, 2005, the Federal Food and Drug Administration (FDA) Commissioner, Dr. Lester M. Crawford, announced the postponement of a final decision regarding an application by Barr Laboratories on whether to allow nonprescription sales of its controversial emergency contraceptive pill, Plan B, for women over the age of 17.
Pollution Control Board of Appeals By Raymond T. Reott Environmental and Natural Resources Law, May 2005 Often, non-environmental practitioners involved in what would otherwise be routine environmental proceedings meet with unexpected consequences.
Popular iPod can be useful to lawyer away from office By David B. Yavitz Young Lawyers Division, June 2005 Don't buy Apple Computer's iPod because it is the coolest and most popular portable music player on the planet.
“Post-conviction” relief for ineffective assistance in sexually dangerous cases By Thomas A. Bruno Bench and Bar, May 2005 In People v. Lawton, the Illinois Supreme Court has decided a case that directly affects the rights of persons found to be sexually dangerous under the Sexually Dangerous Persons Act, and which indirectly affects the rights of persons found to be sexually violent under the similar Sexually Violent Persons Commitment Act.
The potential implications of the University of Michigan cases on public sector employment: Opening up leadership in the public sector workplace? By Vickie A. Gillespie & Laura H. Anderson Racial and Ethnic Minorities and the Law, September 2005 In 2003, the Supreme Court considered, for the first time since its 1978 decision in Regents of the University of California v. Bakke,1 whether the use of race as a factor for admitting students to an institution of higher education violates the Equal Protection Clause of the Constitution and Title VI of the Civil Rights Act of 1964
Potential statutory conflict on disposition of remains By Mary Cascino Trusts and Estates, October 2005 A situation may arise in which there is a lack of direction for disposition of the remains of a decedent.
Power to the people-ISBA form exchange By Timothy E. Duggan General Practice, Solo, and Small Firm, May 2005 A previous Chairman's Corner recommended the ISBA discussion group forums for their usefulness as a research tool.
Practice alert: Supreme Court discusses admissibility of medical bills in P.I. cases By Patrick J. Hitpas General Practice, Solo, and Small Firm, December 2005 The Illinois Supreme Court has answered a question regarding the admissibility of medical bills for medical services provided to a plaintiff in a personal injury case.
Practice tip: Request for admission of fact: A valuable but underused tool By Patrick J. Hitpas General Practice, Solo, and Small Firm, August 2005 How often do you utilize Supreme Court Rule 216 to request an admission of fact? You are probably not filing requests pursuant to Supreme Court Rule 216 as often as the rule permits.
Practice trap: Lawyer’s comments on pending cases By Matt Maloney & Timothy E. Duggan General Practice, Solo, and Small Firm, May 2005 Contemporary broadcast and print media have a profound effect on the judicial process. People know more now about what's going on everywhere in the world than they ever knew before.
Practitioner resources By Michael O’Brien Alternative Dispute Resolution, February 2005 In the third edition of the Alternative Dispute Resolution Handbook from the ADR Section Council of Texas, we are given a comprehensive look at all aspects of ADR from several different authors.
Pre-trial discovery: Is it available for workers’ compensation claims? By Arnold G. Rubin Workers’ Compensation Law, March 2005 The Second District Appellate Court addressed the issue as to whether a claimant in a workers' compensation claim could obtain a surveillance videotape from an employer prior to commencing the Industrial Commission proceeding through an equitable bill of discovery filed in the Circuit Court of DuPage County.
Pre-trial interest vs. pre-trial inflation By Phillip Rushing & Kennith Blan Civil Practice and Procedure, June 2005 Absent statutory authority, pre-judgment interest is not recoverable in tort actions in Illinois. Cress v. Recreation Services, Inc., 341 Ill.App.3d 149, 795 N.E.2d 817 (2nd Dist. 2003), appeal denied, 206 Ill.2d 615.
Prepare for e-discovery in four easy steps: Identify the who, what, where, and when By Michelle Meklir McBride Young Lawyers Division, June 2005 Just when you thought there couldn't possibly be another news story, magazine article, or educational conference focused on electronic discovery, the topic flashes in the headlines again.
President signs Energy Policy Act of 2005 By Michael S. Pabian Energy, Utilities, Telecommunications, and Transportation, September 2005 On August 5, President Bush signed the Energy Policy Act of 2005 into law. The conference report exceeded 500 pages and contains many significant provisions. Here is a high-level overview.
A previous court ruling of invalidity of an agency’s rule does not necessarily bar attorney fees in a subsequent case By Bernard Z. Paul Administrative Law, October 2005 The Appellate Court for the Second District recently heard, and decided in a supplemental opinion, a petition for attorney fees under the Expense and Attorney Fees Statute found in the Illinois Administrative Procedure Act.
Price v. State of Illinois: complaint against State’s Attorney must go to Court of Claims By Galen T. Caldwell Government Lawyers, June 2005 In Price v. State of Illinois, 354 Ill. App. 3d 90, 820 N.E.2d 104, 289 Ill. Dec. 596 (2004), the appellate court held that because a State's Attorney is a State employee who was acting within the scope of his employment during a sentencing hearing, the circuit courts lack subject matter jurisdiction to hear actions brought against the State's Attorney and related vicarious liability claims against the State of Illinois arising from acts performed within the scope of the State's Attorney's employment.
Private adoptions-Right to counsel By Phillip B. Lenzini Family Law, April 2005 Under the category of "human rights," particularly when viewed by attorneys, perhaps no single right is believed as important and prophylactic as the right to be represented by a competent attorney.
Private adoptions-Right to counsel By Phillip B. Lenzini Human and Civil Rights, March 2005 Under the category of "human rights," particularly when viewed by attorneys, perhaps no single right is believed as important and prophylactic as the right to be represented by a competent attorney.
Pro bono publico, for the public good By Justin Heather Young Lawyers Division, December 2005 Recently, there has been much debate in the legal community regarding the Illinois Supreme Court’s proposed rules regarding the reporting of pro bono hours.
Pro bono: For the public good By Hon. E. Kenneth Wright, Jr. Bench and Bar, September 2005 As lawyers, we need to respond to the tremendous need for legal assistance in the Chicago area.
“Probation” programs to enforce retail price maintenace By Blake L. Harrop December 2005 Many years ago in Phillips v. Crown Central Petroleum Corp., the district court found that a supplier had coerced its dealers into agreeing to charge minimum resale prices in violation of Section 1 of the Sherman Act.
The problems of religion in the workplace By Michael R. Lied Labor and Employment Law, February 2005 Ever since 1964, Federal law has prohibited discrimination based on religion.
Profile of Judge Donald Wilkerson By Jennifer Claire Sprague Racial and Ethnic Minorities and the Law, February 2005 Donald Wilkerson assumed his duties as magistrate judge for the United States District Court for the Southern District of Illinois on January 4, bringing with him a wealth of experience from the classroom, the courtroom, and the local community.
Profile of our editor: Paul E. Freehling By Vickie Gillio Administrative Law, November 2005 We are a Section Council unique in ISBA history in that we have been privileged to have the same newsletter editor, Paul Freehling, since the inception of the Administrative Law Section.