Case law updateBy Lee Ann SchoeffelGovernment Lawyers, February 2005Appellate court erred when it approved of trial court's use of contempt petition to order detention of minor defendants in response to violation of terms of court supervision imposed as result of guilty plea to municipal ordinance.
Case noteBy Randall RosenbaumCriminal Justice, January 2005Citing its recent cases of People v. Atkinson,186 Ill.2d 450 (1999) and People v. Cox, 195 Ill.2d 378 (2001), the Illinois Supreme Court reaffirmed its rejection of mere-fact impeachment.
Case note: F.O.I.A.By Alfred M. Swanson, Jr.Local Government Law, January 2005Katrina Harden and James Trent were convicted of severely beating and murdering Harden's four-year-old daughter while they lived together.
Case notesBy Douglas A. Darch & Thomas A. BrunoHuman and Civil Rights, December 2005Recent cases of interest.
Case notesBy John H. BrechinLocal Government Law, August 2005Bensenville notified Plaintiff of its intent to enforce the amortization provisions of its zoning ordinance, reasoning that Plaintiff's use of the property as a wrecking yard was a non-conforming use.
Case summariesDecember 2005The Plaintiff Federal Trade Commission (“FTC” or “Commission”) issued complaints against two music distributors and their affiliates alleging that they had agreed to cease advertising certain recordings of The Three Tenors in violation of § 5 of the FTC Act, 15 U.S.C. § 45.
Case summariesCriminal Justice, December 2005Failure to admonish a criminal defendant of the mandatory supervisory release period (MSR) at sentencing, following a negotiated guilty plea of guilty, violates defendant’s constitutional right to due process, and the remedy is a chance to withdraw the plea rather than a reduced sentence.
Case summariesBy Kristi HornickelAlternative Dispute Resolution, December 2005Recent cases of interest.
Case summariesBy Kristi HornickelAlternative Dispute Resolution, October 2005The Insured, Office Environment, Inc. filed a claim against the Insurer, Lake States Insurance, alleging failure to pay a claim.
Case summariesBy Lester Finkle, Brendan Max, & Attila BogdanCriminal Justice, September 2005Defendant challenged the constitutionality of questioning by officers about drugs and alcohol after he was stopped for a minor traffic offense and was issued a warning.
Case summariesBy Tracie HuntAlternative Dispute Resolution, June 2005Howard Colman owns Cronus Investments. Colman transferred Dew-All Services, Inc., a home-management business, to Concierge Services, LLC to which Colman has a 20 percent interest. Westrec Marina Management, Inc., owns the remaining of Concierge.
Case summariesBy Jeff Chan & Attila BogdanCriminal Justice, May 2005Recent cases of interest.
Case summariesBy Stanley N. WasserAlternative Dispute Resolution, May 2005Recent cases of interest to ADR practitioners.
Case summariesBy Fallon OppermanAlternative Dispute Resolution, April 2005In August of 2002, Neal Anderson was injured in a traffic accident involving David Pineda. Anderson filed a complaint against Pineda to recover for the injuries suffered in the accident. Anderson also claimed that Pineda's negligence caused the accident.
Case summariesBy Michael O’BrienAlternative Dispute Resolution, February 2005In the process of building a dormitory on the campus of the University of Wisconsin Milwaukee's campus, a dispute arose between J.H. Finderoff & Sons (Finderoff) and their union workers over the proper use of Bobcat machinery.
Case summariesBy Patrick J. MorleyCriminal Justice, January 2005In People v. Synnott,, the defendant failed to comply with a police order to exit his car where the officer was conducting a traffic stop and subsequent investigation as to whether the defendant was driving under the influence of alcohol.
Case updateBy Phil MilskEducation Law, December 2005The U.S. District Court for the Eastern District of Michigan has granted the U.S. Department of Education’s motion to dismiss the National Education Association’s challenge to the mandatory testing provisions of the No Child Left Behind Act.
Case updateBy Rob LyonsEducation Law, May 2005This summary was prepared by Rob Lyons, IEA counsel, member of the Education Law Section Council and co-editor of the Newsletter.
Casenote: Collecting attorneys fees in probate court following the ward’s deathBy Peter R. OlsonElder Law, November 2005The circuit court retains subject-matter jurisdiction over proceedings to enforce an order commanding the ward’s trust to pay attorney fees to the guardianship petitioner and the guardian ad litem, although the ward of the guardianship estate died and the guardianship estate had been closed, according to a recent ruling of the First District Appellate Court in Estate of Marie Ahern v. The Ahern Trust.
Casenotes by members of the Northern Illinois University Law ReviewBy David NeumanCivil Practice and Procedure, June 2005The Illinois Supreme Court recently decided an insurance coverage case that will affect the way insurance companies write policies and handle their responsibilities to insureds.
Casenotes by members of the Northern Illinois University Law ReviewBy D.J. EvansCivil Practice and Procedure, February 2005You may know the feeling; if you do, you don't like it. You may have given advice which at the time seemed reasonable, but later proves problematic.
Casenote—Use of background checksBy John H. BrechinLocal Government Law, October 2005Sroga v. Personnel Board of the City of Chicago points out the need for a background check to thoroughly examine any arrest, even those not technically resulting in a conviction because of the imposition of court supervision.
CasesInsurance Law, September 2005Holding: Right of subrogation within the policy was enforceable against injured passenger in insured's vehicle.
CasesInsurance Law, June 2005HOLDING: Misrepresentation: A material misrepresentation in an insurance application renders the policy voidable not void ab initio.
CasesInsurance Law, May 2005An alphabetical listing of recent cases.
Chairman’s cornerBy Timothy E. DugganGeneral Practice, Solo, and Small Firm, August 2005This is my last Chairman’s Corner. It has been an honor and a pleasure to be Chairman of the General Practice, Solo and Small Firm Section Council for the 2004-2005 Section Council Year.
Chairman’s cornerBy Kelli E. MadiganFederal Taxation, May 2005We are actively preparing for our annual trip to Washington, D.C., where we will meet with legislative representatives to discuss the expansion of Section 179 deductions, simplification of rules related to education plans, and the inclusion of attorney fees paid on contingency fee cases.
