Employee dress and grooming policiesBy Michael R. LiedLabor and Employment Law, August 2006Recently, the full Ninth Circuit Court of Appeals, often considered a fairly liberal Court, rejected a plaintiff’s claim that the employer’s requirement that she wear makeup constituted sex discrimination.
Employee must arbitrate retaliatory discharge claimBy Michael R. LiedLabor and Employment Law, July 2006Joann Melena joined Anheuser-Busch as a nonunion employee at its distribution center in Mt. Vernon, Illinois in February 1999.
Employer avoids “commutation” orderBy Arnold G. RubinWorkers’ Compensation Law, January 2006Section 24 of the Illinois Workers’ Compensation Act provides authority for the Commission to order and direct an employer to deposit the commuted value of the total unpaid compensation with the State Treasurer or with any savings and loan association or State or national bank or trust company doing business in the State.
Employer liability for harassment by non-employeesBy Stephen E. BaloghLabor and Employment Law, March 2006In 1998, the Supreme Court told us that an employer would be liable, pursuant to Title VII, for conduct of its employee which creates an actionable hostile work environment.
Employers should really think about adding Roth 401(k) accounts to planBy Scott E. GalbreathCorporate Law Departments, October 2006As of January 1, 2006, 401(k) plans can offer participants the option of contributing part of their compensation on an after-tax basis into a Roth 401(k) account.
Employment Law Update: Standard of review expanded for employees in retaliation claims involving FMLABy Donald A. LoBueGeneral Practice, Solo, and Small Firm, October 2006The case of Richardson v. Monitronics International, Inc., from the vs. Fifth Circuit Court of Appeals has held that the traditional McDonnell-Douglas Corporation v. Greene burden-shifting framework was not the correct standard of review in a retaliation case under the Family Medical Leave Act.
Enforceability and perfection of mechanics liens in bankruptcyBy Samuel H. LevineCommercial Banking, Collections, and Bankruptcy, October 2006The Mechanics Lien Act (the “Act”) is a very technical act. It is technical in nature both as to the enforcement and perfection of claims for mechanics liens.
Enforcement of prenuptial agreements under the Illinois Uniform Premarital Agreement ActBy Rory WeilerFamily Law, February 2006Historically, individuals in Illinois who agree to marry have had the ability to contract away marital rights and obligations in the event of a death or divorce through the use of prenuptial (sometimes referred to as “antenuptial”) agreements.
Equitable subrogation—Mechanics’ Lien PriorityBy Gregory A. Thorpe & Jeannie RidingsReal Estate Law, August 2006Recently, in Lamb Excavation, Inc. v. Chase Manhattan Mortgage Corporation, the Arizona Court of Appeals decided that a refinancing lender may successfully assert the doctrine of equitable subrogation over the claims of mechanics’ lien claimants to obtain lien priority over the lien claimants.
Estate and gift tax updateBy Sarah Delano PavlikElder Law, May 2006New Amounts for 2006. The following amounts became effective on January 1, 2006:
Estate and gift tax updateBy Sarah Delano PavlikFederal Taxation, March 2006New Amounts for 2006. The following amounts became effective on January 1, 2006:
Estate, Gift, and Generation Skipping Tax UpdateBy Kelli E. Madigan & Joseph P. O’KeefeFederal Taxation, April 2006In Estate of Smith v. U.S., the District Court and the Fifth Circuit Court of Appeals held that the value of individual retirement accounts included in a decedent’s estate could not be discounted for the anticipated income tax to be paid by the estate or IRA beneficiaries upon receipt of the distribution of the IRA funds.
Estate Planning Update for the Solo, Small Firm & General Practice & ProbateBy James F. DunnebackGeneral Practice, Solo, and Small Firm, July 2006With the increase in the applicable exclusion amount to $2 million this year, increasing to $3.5 million in 2009 and the promised (but yet to be fulfilled) removal of the estate tax in 2010, the emphasis on the tax planning element of our estate planning practices may seem to be diminishing.
Estate planning update: Recent case decisionsBy James F. DunnebackGeneral Practice, Solo, and Small Firm, June 2006The Estate of Helen H. Noble, 89 TCM 649 stands for the proposition that sales following death, so long as the transaction occurred within a reasonable time, can be used to establish value as much as a sale prior to the date of death.
Estate wins debate over abatement of claimBy Cameron B. ClarkWorkers’ Compensation Law, January 2006In Nationwide Bank, the appellate court was faced with the question of whether or not a claim abated upon the death of the injured worker’s spouse.
Ethics corner: Recent censure of a public sector lawyerBy Rosalyn B. KaplanGovernment Lawyers, April 2006On January 13, 2006, the Illinois Supreme Court censured Justin T. Fitzsimmons for professional misconduct committed during the course of his employment as an assistant state’s attorney in DuPage County.
Ex-OfficioBy David N. SchafferFamily Law, August 2006This is my final column as Chair of the Family Law Section Council. Actually, by the time this gets out, I will officially be ex-officio and the Council will be under the fine leadership of Scott Colky.
Executive summary of the Spring 2006 legislative sessionBy Matt DavidsonLocal Government Law, July 2006Overview: The Spring Session of the Illinois General Assembly concluded on May 4, 2006. There were 353 bills which passed both chambers.
Extension of “arranger” liability to suppliers of dry-cleaning equipmentBy Jorge MihalopoulosEnvironmental and Natural Resources Law, May 2006In two unrelated suits, the Ninth Circuit Court of Appeals and the Texas Supreme Court both recently addressed whether dry-cleaners could compel their equipment suppliers to share the costs of cleaning up contamination discovered at the drycleaners’ former facilities.
Fairness and equity permeate the ab initio arenaBy D.J. EvansCivil Practice and Procedure, September 2006The Illinois Supreme Court’s recent decision in Perlstein v. Wolk, 218 Ill. 2d 448, 844 N.E.2d 923 (2006), struck a powerful balance between considerations of fairness and equity with the often harsh results of the void ab initio doctrine.
