Articles From 2007 | Illinois State Bar Association

All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha Health Care Law, September 2007 Recent cases of interest to health care practitioners.

All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha Health Care Law, June 2007 A Wisconsin pharmacist, who had been fired from a retail pharmacy, brought suit alleging that his termination violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq. Specifically he claimed that he had been let go due to his religious-based refusal to have any form of interaction, no matter how slight, with anyone seeking birth control.

All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha Health Care Law, March 2007 Medical malpractice litigation has been and continues to be rough on the litigating parties, including in particular physicians who are sued.

Alternative Minimum Tax By Sarah Delano Pavlik Federal Taxation, August 2007 Everyone agrees that something must be done to fix the alternative minimum tax (AMT).

Amendment to applicable sections of the Internal Revenue Code: Changing the deductibility of attorney fees By Sarah Delano Pavlik Federal Taxation, August 2007 In previous years, we discussed the case of Officer Cynthia Spina which made national headlines in 2002.

Amendment to the Illinois Human Rights Act opens the door to civil suits By Peter LaSorsa Corporate Law Departments, November 2007 On August 13, 2007 Illinois Governor Blagojevich signed into law H.B. 1509, an amendment to the Illinois Human Rights Act (IHRA) which is effective on January 1, 2008.

Amendments to administrative practice: Is a central core panel a good idea? By J.A. Sebastian Administrative Law, June 2007 A central core panel is the heart of Illinois Senate Bill 58, introduced on January 31, 2007, by Senator Harmon, which would amend the Illinois Administrative Procedure Act and create the Office of Administrative Hearings under the jurisdiction of the Governor, at 5 ILCS 100/12-5.

Ann Breen-Greco, Chicago Kent College of Law ’84, Administrative Law Judge Administrative Law, December 2007 Learn more about Administrative Law Judge Ann Breen-Greco.

Another confusing interest case By Mark P. Matranga Workers’ Compensation Law, March 2007 The Appellate Court, Fourth District, has ventured into the interest calculation thicket with Radosevich v. The Industrial Commission, 367 Ill.App.3d, 856 N.E.2d 1, 305 Ill.Dec. 469.

Another Health Care Power of Attorney: Mental Health Treatment Preference Declaration By Donna L. Moore Trusts and Estates, June 2007 The Power of Attorney for Property, Power of Attorney for Health Care and Living Will are familiar Advanced Directives. The Mental Health Treatment Preference Declaration (“Declaration”) is another Advanced Directive designed to capture the mental health treatment preferences of a client.

Another practitioner’s view on long-term care: From LTC insurance to the effect of the Deficit Reduction Act on “Medicaid Planning” By Frank Nowinski Elder Law, December 2007 What is “long term care”? Although there does not appear to be a universal definition, it has generally been defined as care provided on a regular basis for an extended period of time for a chronic condition, disability or ongoing illness.

Answering the call of our changing society: The “Illinois Religious Freedom Protection and Civil Unions Act” (House Bill 1826) By Annemarie E. Kill Women and the Law, November 2007 On June 23, 2007, the 201 member ISBA Assembly voted to support the “Illinois Religious Freedom Protection and Civil Unions Act” (HB 1826).

Answers to the June issue Practical Problems By Robert Duffin & Myles Jacobs Real Estate Law, November 2007 The June issue raised two practical problems in residential real estate transactions.

Anti-Pretexting Statute By Michael R. Lied Labor and Employment Law, November 2007 Hewlett-Packard’s Chairman, Patricia Dunn, was allegedly upset about leaks to the media about the company’s long term strategic plans. Hewlett-Packard retained an outside firm to gain access to its directors’ phone records, believing that one or more directors were the source of the leak.

The antitrust counselor: The Supreme Court reversed Dr. Miles: Now what? By Mildred L. Calhoun October 2007 The US Supreme Court recently overruled Dr. Miles Medical Co. v. John D. Park & Sons, holding that all vertical price restraints are to be analyzed under the Rule of Reason. In other words, instead of being per se illegal and presumed anticompetitive, all vertical price restraints are now analyzed for reasonableness and their effect on competition.

Appellate Court reaffirms tort immunity for liability stemming from building code enforcement and inspections By Michael D. Bersani Local Government Law, December 2007 In recent years, sensational stories have appeared in the media around the country concerning injuries and deaths resulting from faulty building construction.

Approaching the total client in general practice By Patrick E. Ward General Practice, Solo, and Small Firm, July 2007 Each person is the composite of the many parts which force or shape that person’s behavior. While respecting the role of free will, perceptions of options often narrow the field of choices and effectively dictate action taken.

Arbitration alternatives By Champ W. Davis, Jr. Alternative Dispute Resolution, October 2007 Arbitration is a common form of dispute resolution.

Articulating the business case for inclusion By Jane DiRenzo Pigott Women and the Law, June 2007 The business case for diversity is well established and directly relates to any legal organization’s ability to compete for the best clients and talent.

Articulating the business case for inclusion By Jane DiRenzo Pigott Diversity Leadership Council, June 2007 Abundant research, practical experience, and media stories support the business case for diversity. Ensuring that diversity is achieved requires committed leadership and rigorous assessment so that change is both measurable and sustainable into the future.

Attorney General issues opinions By Lynn Patton Government Lawyers, December 2007 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2006)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.

Attorney General issues opinions By Lynn Patton Government Lawyers, June 2007 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2005 Supp.)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.

Attorney General issues opinions By Lynn Patton Government Lawyers, March 2007 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2005 Supp.)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.

Attorney General Opinion restricts county recorders By Howard Samson Real Estate Law, June 2007 In the portion of this author’s article on land split considerations dealing with the Plat Act, which appeared in the February 2007 issue of this newsletter, it was stated that the Attorney General’s office was in the process of determining “whether the provisions of 765 ILCS 205/5a are broad enough to allow a county Recorder to require” that a Plat Act affidavit accompany every submitted deed, even one wherein the legal description was an undivided lot in an existing subdivision.

Attorney independence? Remember The Alamo! By Hon. Ron Spears Bench and Bar, June 2007 The right to counsel does not just extend to popular or “deserving” causes or individuals.

Attorney signature on appeal bond not sufficient By Mark Cosimini Workers’ Compensation Law, December 2007 Section 19(f) of the Act sets forth the requirements for seeking a judicial review of a Commission decision and states in part.

Attorneys from Vietnam International and Immigration Law, March 2007 A delegation from Vietnam met with the International and Immigration Law Section Council and ISBA Officers as part of a three city tour of the United States.

Atwell: Investigations of public employees involving criminal conduct— A trap for the unwary By Lawrence Jay Weiner Education Law, May 2007 So your local school district client calls you believing that a tenured teacher has stolen some registration money, and asks you to investigate.

Bad-Faith Requirement for Fee Shifting in the Consumer Fraud Act: Krautsack v. Anderson By Allen S. Goldberg & W. Dan Lee Civil Practice and Procedure, September 2007 The Supreme Court of Illinois in Krautsack v. Anderson recently held that fee awards to a prevailing defendant under section 10a(c) of the Act should be granted “only if the trial court makes a threshold finding that the plaintiff acted in bad faith.”

Bagent v. Blessing Care Corporation: How to avoid a hospital’s potential liability for wrongful disclosure of confidential patient information by an employee By Michael F. Dahlen Health Care Law, June 2007 In its recent decision in Bagent v. Blessing Care Corporation, the Illinois Supreme Court held, in a case of first impression, that a hospital was not vicariously liable for the wrongful disclosure of confidential patient medical information by an employee phlebotomist because the disclosure was outside the scope of the employee’s employment.