Ethical and professional concernsBy Robert Duffin & Myles JacobsReal Estate Law, February 2007Two scenarios that challenge practitioners' ethics.
Ethics issuesBy Eugene F. FriedmanHuman and Civil Rights, December 2007The basics of copyright law
“Evident Partiality” in an arbitration proceedingBy Jon GilbertAlternative Dispute Resolution, October 2007I have previously discussed the first statutory ground for vacating an award in this newsletter and now move on to the second.
Ex Parte Communication—Guidelines for the Administrative Law JudiciaryBy Hon. Ann Breen-GrecoAdministrative Law, July 2007The concept of ex parte communication is well grounded in principles of fundamental fairness which prohibit a judge/administrative law judge/impartial hearing officer or any neutral decision-maker from communicating with either party in a dispute before the decision-maker, without the participation of the other party. The concept is also generally understood to prohibit any communication from any source, outside the presence of any party that might confer an advantage on any of the parties.
An example of amendments that create new problems in Administrative LawBy J.A. SebastianBench and Bar, November 2007The following is a brief summary of attempts by the General Assembly to address a civil practice-pleading problem that, by piecemeal amendments, has actually generated more problems than the original legislation was enacted to address.
Excellence and strength through diversity: The positive impact on the future of our professionBy Michele M. JochnerDiversity Leadership Council, June 2007Increasing diversity within the legal profession not only contributes significantly to the quality of the profession, but also serves to enhance the public’s confidence in, and respect for, the legal system. As members of the legal profession, it is our duty and obligation to assume the lead in assuring that there is gender, racial, ethnic and sexual orientation diversity within our ranks.
Exclusive remedy updateBy Brad E. BleakneyWorkers’ Compensation Law, September 2007We are all familiar or should be familiar with the exclusive remedy provisions of the Act. Section 5(a) of the Workers Compensation Act specifically provides that payment under the Act shall be the exclusive remedy for an injured employee:
Exhaustion of administrative remedies clarified?By Patti Gregory-ChangAdministrative Law, May 2007The Appellate Court in Illinois Health Maintenance Guar. Ass’n v. Department of Ins. left as many questions unanswered as it clarified regarding exhaustion of administrative remedies.
Exhaustion, waiver and preemption: Poindexter v. State of IllinoisBy Jewel N. KleinAdministrative Law, February 2007If you are looking for a primer on exhaustion of administrative remedies, the necessity of making constitutional challenges at the agency level, and federal preemption of state law, the Fourth District’s opinion in Poindexter v. State of Illinois will come in handy.
Failure to insure contraceptives was not sex discriminationBy Michael R. LiedLabor and Employment Law, June 2007Union Pacific Railroad provided health care benefits to its employees who were covered by collective bargaining agreements. While the health plans provided benefits for services such as routine physical exams, they excluded coverage for a number of things. They excluded both male and female contraceptive methods, prescription and non- prescription, when used for the sole purpose of contraception. The health plans only covered contraception when medically necessary for a non-contraceptive purpose.
Failure to name the proper party in administrative agency appeals—Still a fatal flawBy Kathryn B. RichardsAdministrative Law, October 2007The Second District Illinois Appellate Court recently added another precedential decision to the growing line of cases that apply a particularly narrow interpretation of the Administrative Review Law.
FavoritesBy Bryan SimsLegal Technology, Standing Committee on, September 2007Favorites is a feature of the newsletter that highlights those programs, utilities, gizmos, gadgets, etc., that we love.
Federal caselaw updateEmployee Benefits, December 2007Recent cases of interest to employee benefits practitioners.
Federal District Court finds preemption bars carrier’s state law tort claimsBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, February 2007In Yellow Transp., Inc. v. DM Transp. Management Services, Inc., the U.S. District Court for the Eastern District of Pennsylvania found that 49 U.S.C. §14501(c)(1) of the Interstate Commerce Commission Termination Act of 1995 (“ICCTA”) preempted Yellow’s state law tort claims against DM.
Federal estate and gift tax updateBy Michelle L. HellerFederal Taxation, January 2007The Tax Court decided that the fair market value of decedent’s personal residence, which was transferred to a partnership formed shortly before the transfer, was includable in her gross estate under section 2036(a)(1) because she retained the “possession” and “enjoyment” of the property after the transfer.
Filing of general appearance does not waive jurisdictional objectionBy H. Allen YowCivil Practice and Procedure, March 2007In the recent decision of KSAC Corporation v. Recycle Free, Inc., the appellate court held that based on 735 ILCS 5/2-301, the defendant’s filing of a general appearance did not wave its jurisdictional objection.
Final QDIA regulations provide fiduciary reliefBy Jorge LeonEmployee Benefits, December 2007The Department of Labor has issued final safe harbor regulations dealing with default investment alternatives in qualified defined contribution plans.
First District finds indemnity agreement covers claims of indemnitee negligenceBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, March 2007On October 1, 2003, a truck driver who operated a tractor hauling a China Ocean Shipping Co. container hit a bus, killing passenger John Buenz. Buenz’s wife then brought a wrongful death claim against the driver, the transportation company and COSCO.
Following up…By John H. BrechinLocal Government Law, July 2007In our May newsletter, I reported on the United States Supreme Court decision in Garcetti v. Ceballos, as well as subsequent cases decided in the (Fifth, Sixth, Seventh and Tenth) Circuit Courts of Appeals.