10-Year limitations period applies to indemnity suitBy Robert T. ParkCivil Practice and Procedure, August 2008In Travelers Casualty & Surety Co. v. Bowman, Docket No. 103759, 2008 WL 2837323 (July 24, 2008), the Supreme Court held that the 10-year statute of limitations applied to a suit on a written indemnity agreement arising from defaults under construction contract performance bonds.
10th Annual ISBA/YLD Holiday Party another great successYoung Lawyers Division, February 2008Held on Friday, November 30 at Joe’s Sports Bar on Weed Street in Chicago, the annual fundraiser garnered a net total of about $18,000 to be used to help establish and maintain child-friendly courthouse waiting rooms and child-related projects in Illinois.
2007 Amendments to ILCS 770 60/23 – The Public Lien Act – Public Act 095-0274By Julius ShapiroReal Estate Law, February 2008
The following is a brief summary of the changes that became law. The changes, except for the definition of unit of local government as set forth hereinafter, apply to both the state and local governmental work.
2007 World Economic Forum’s Gender Gap IndexBy E. Lynn GraysonWomen and the Law, January 2008On November 8, 2007, the World Economic Forum released its second Gender Gap Index Report – a framework for capturing the magnitude of gender-based disparities across the world and tracking how they evolve over time. The top 20 countries that performed best in the 2007 index are outlined below along with their ranking in 2006.
4H and FFA income taxBy Paul A. MeintsAgricultural Law, September 2008Your client’s 16-year-old child is involved with the Future Farmers of America (FFA) program at his high school.
The 7th Circuit considers the Immigration Nursing Relief ActBy Anne M. SkallerupInternational and Immigration Law, August 2008The Court of Appeals in the Seventh Circuit affirmed the district court’s holding that a private complaint is not necessary for the Secretary of Labor to initiate an investigation under the Immigration Nursing Relief Act, and that if foreign nurses are not paid the same wage as domestic registered nurses similarly employed in a facility, then they are entitled to back pay for their entire H-1A visa work period.
The 7th Circuit upholds application of the act-of-state doctrineBy Timothy B. WhiteInternational and Immigration Law, June 2008In a relatively rare case involving the act-of-state doctrine, the Court of Appeals in the Seventh Circuit determined that the district court did not err in applying the act-of-state doctrine to the Plaintiff’s claim for the wrongful loss of his property when Polish police seized and subsequently “lost” his computers after Defendants filed a criminal complaint against his Polish corporation for alleged intellectual property infringement.
9th Circuit finds Carmack preempts intentional tort claim against moverBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, October 2008The United States Court of Appeals for the Ninth Circuit has affirmed a California District Court ruling that the Carmack Amendment of 49 U.S.C. §14706 preempted an intentional infliction of emotional distress claim arising out of an interstate household goods move inWhite v. Mayflower Transit, L.L.C., Case No. 07-55528 (decided 9/12/08).
Acupuncture: What, When, Why and How?By Dr. Shanna FritschWomen and the Law, March 2008For thousands of years, Eastern Medicine has used acupuncture to treat everything, including emotional disorders, pain, analgesia and wrinkle reduction.
The ADA on the edge of 17: That was the law that wasBy Patrick J. KronenwetterDiversity Leadership Council, June 2008In addressing the concept of diversity within the legal profession, the constituencies that most often come to mind are women, racial and ethnic minorities and persons with alternate sexual orientations or gender issues. But there is another, sometimes over-looked, group of lawyers who should be included in any discussion on diversity—namely, lawyers with disabilities.
Additional Illinois case updateBy Raymond A. FylstraCorporate Law Departments, March 2008On February 7, 2008 the Illinois Supreme Court issued a notable free speech/defamation opinion,Imperial Design v. Cosmo’s Designer Direct.
Advantages and benefits for U.S. investors in ThailandBy Piyatida PavasuttiInternational and Immigration Law, January 2008The World Bank has also published very positive rankings of Thailand for ease of doing business. Not only is Thailand one of the top five countries in Asia, but it also one of the top 20 countries on the planet in this category.
Affirmative defenses in federal court: What every practitioner should knowBy Patrick T. Driscoll, Jr. & Patricia M. FallonFederal Civil Practice, June 2008Rule 8 of the Federal Rules of Civil Procedure (“FRCP”) governs the assertion of affirmative defenses in civil cases filed in federal court and is defined:
Agency Procedures and Administrative Rules 1: Information SourcesBy William A. PriceAdministrative Law, August 2008Agency rules of practice, like the rules of court, often determine who wins and loses in administrative proceedings. These rules get rewritten from time to time.
All Appropriate Inquiry at eight months: The more things change, the more they stay the sameBy Joseph R. Podlewski, Jr.Environmental and Natural Resources Law, March 2008The impact of the federal “All Appropriate Inquiry” regulations (40 C.F.R. Part 312) on the environmental assessment industry was the subject of much discussion among environmental professionals following the publication of the final AAI rules in the Federal Register on November 1, 2005.
All the latest developments in health care lawBy W. Eugene Basanta & Brittany LedbetterHealth Care Law, December 2008Illinois law has long-recognized that a liability insurer, including a medical malpractice insurer, which fails, when given the opportunity, to settle a claim against an insured party within policy limits, may be held liable in tort for failing to do so.
All the latest developments in health care lawBy W. Eugene Basanta & Brittany LedbetterHealth Care Law, September 2008Most health care lawyers are generally familiar with the preemption provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §1001 et seq.
All the latest developments in health care lawBy W. Eugene Basanta, Laura K. Johnson, & Andrew RoszakHealth Care Law, June 2008The Seventh Circuit Court of Appeals denied a petition for review and granted judicial enforcement of an order by the National Labor Relations Board against the petitioner, a hospital corporation.
All the latest developments in health care lawBy W. Eugene Basanta, Laura K. Johnson, & Andrew RoszakHealth Care Law, March 2008Recent cases of interest to health care law practitioners.
Amendment of the Illinois Human Rights ActBy Eileen M. GearyGovernment Lawyers, December 2008Employers, including local governments, are preparing to defend a new type of case in circuit court.
