Section Newsletters

Articles From 2008

OIG Advisory Opinion concerning a proposal for a gift card for patients whose service expectations were not met Health Care Law, September 2008 [Name redacted] (the “Requestor”) is an integrated health delivery system located in [state redacted].
On the Waterfront: An Illinois Water Law Trilogy By Richard F. Bales Real Estate Law, May 2008 Illinois has had a number of significant “water law” cases in recent years.
“One day you’re in…..” – Louis Vuitton’s recent trademark cases By Margo Lynn Hablutzel Intellectual Property, May 2008 On the Bravo Channel’s Project Runway reality show, host Heidi Klum warns designers “in fashion, one day you’re in, the next day, you’re out.” Louis Vuitton, a division of LVMH Moet Hennessy Louis Vuitton SA, recently learned the same can be said in trademark courts, as it won a case and lost a case within a week of each other.
The Open Meetings Act – Informality can be harmful to your legal health By John H. Brechin Local Government Law, December 2008 Wyman v. Schweighart involved a complaint alleging the Defendants violated the Open Meetings Act in five different ways.
Origin of the Illinois State Response to Intervention (RtI) Plan By Darren Reisberg Education Law, February 2008 The plan that ISBE has developed for Response to Intervention, or “RtI,” represents the first state-level step in a transition that will take place over the next several years.
Our very own ‘Tish’ Spunar-Sheats joins the ranks of ISBA Laureates! Women and the Law, March 2008 We announce with great pride the fabulous news that fellow Committee member Letitia Spunar-Sheats has been selected by the Board of Regents of the ISBA Academy of Illinois Lawyers to be one of the six distinguished attorneys of the 2008 Class of Laureates, for which she was nominated by our Committee.
Overview of Reverse Mortgages By Elizabeth W. Anderson Elder Law, February 2008 More clients have recently become interested in the options that a reverse mortgage may offer them.
An overview of TIF districts By Leslie Hairston Women and the Law, October 2008 The stated purpose of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq. (West) hereinafter referred to as the TIF Act, in the State of Illinois is to provide a mechanism for local governmental units in Illinois to spur economic development, in specific geographic areas that are deteriorating and/or declining, by providing gap financing for projects that would not occur without such public assistance.
Part One: Federal Administrative Environmental Law - Rulemaking By Bertram C. Frey Environmental and Natural Resources Law, April 2008 Editor’s Note: In this issue, we are presenting the first of a two part series on Federal Administrative Law by Bert Frey, Deputy Regional Counsel for Region 5 of United States Environmental Protection Agency and Nicole Wood from Bert’s staff in the Regional Counsel office.
Part Two: Federal Administrative Environmental Law - Permitting and Administrative Enforcement By Bertram C. Frey Environmental and Natural Resources Law, May 2008 Editor’s Note: This is the second part of a two-part series on Federal Administrative Law in the environmental area by Bert Frey, Deputy Regional Counsel for Region 5 of the United States Environmental Protection Agency and Nicole Wood from Bert’s staff.
Past Chair’s Column: Tradition of Excellence Award to Matt Maloney By Donald A. LoBue General Practice, Solo, and Small Firm, September 2008 This year’s Tradition of Excellence Award goes to Matthew A. Maloney of Princeton, Illinois, posthumously. Matt epitomized the award.
Pension funds vs. municipalities: Soon at a courthouse near you? By James E. Schrempf Local Government Law, August 2008 By now, most of us have probably seen the reports on the critical condition of Illinois’ public employee retirement funds. 
People v. James C. Ewing, No. 4-07-0184: An informant tip received by telephone may form the basis of a Terry stop if the tip is reliable and the tip allows the police officer to reasonably infer that a person was involved in criminal activity By David B. Franks Traffic Laws and Courts, September 2008 In January 2007, Defendant, James C. Ewing, was arrested for driving under the influence of alcohol pursuant to 625 ILCS 5/11-501(a) (2).
Personal comfort doctrine By Brad A. Antonacci Workers’ Compensation Law, March 2008 This article will analyze the personal comfort doctrine in relation to both the “in the course of” and “arising out of” requirements. This article will also review the case law regarding the personal comfort doctrine and illustrate recent Illinois Workers’ Compensation Commission decisions with respect to the personal comfort doctrine.
Physical actions control verbal responses in determining a refusal in statutory summary suspension hearings By J. Brick Van Der Snick Traffic Laws and Courts, September 2008 People v. Severson, 379 Ill. App. 3d 699 (2nd Dist 2008). On March 7, 2008 the Illinois Appellate Court Second District, affirmed the judgment of the Circuit Court of DeKalb County, Illinois granting defendant’s petition to rescind statutory summary suspension.
Plaintiffs Beware! The conflict of a voluntary dismissal and res judicata By Alfred M. Swanson, Jr. Bench and Bar, May 2008 In March 1999 plaintiffs filed a two count complaint against the City of Chicago and fire department personnel alleging negligence and willful and wanton misconduct in providing emergency medical care.
Plaintiff’s prior lawsuits and mental health treatment may be admissible evidence By Michael R. Lied Labor and Employment Law, September 2008 In September 2003, Davis began employment with Lincare as a full-time healthcare specialist. Lincare’s area manager, Kline, promoted her to center manager in June 2004.
A policeman’s disability application cannot be denied based upon one dissenting doctor selected by the Police Pension Board By Daniel P. Jakala & Stanley H. Jakala Administrative Law, May 2008 In a significant and ground-breaking decision rendered on November 1, 2007, the Supreme Court ruled that there is no longer a requirement that three physicians selected by the board all certify that the applicant is disabled in order for a police officer to be awarded a disability pension.
A policeman’s disability application cannot be denied based upon one dissenting doctor selected by the Police Pension Board By Daniel P. Jakala & Stanley H. Jakala Workers’ Compensation Law, March 2008 Police Officer Wade was an officer with 20 years of police service. In April 2002, as Wade was escorting a handcuffed prisoner down a steep embankment, the prisoner stumbled and fell, causing the plaintiff to suddenly fall and injure his right knee
A political question By Katarinna McBride Trusts and Estates, August 2008 The movement to eliminate the estate tax came to a head in 2001, when an unprecedented tax cutting regime was enacted to repeal the estate tax in 2010 and reinstate it in 2011.
Practice advisory: Appellate practice changes By Timothy J. Storm General Practice, Solo, and Small Firm, April 2008 Litigators should be aware of several amendments to Supreme Court Rules affecting appellate procedure.
Practice Tip – Improving Skills: Your Witness (2008) By J.A. Sebastian Bench and Bar, December 2008 On December 5, 2008, the Bench & Bar Section Council will present a Trial Practice and Advocacy – Getting it Right, at the ISBA Chicago Regional Office located at 20 South Clark, 9th Floor. Members of the Section are entitled to a $10 discount for each CLE sponsored by the Section – a significant benefit of section membership.
Practice Tip—Helping clients: To Survive Caregiving: A Daughter’s Experience, a Doctor’s Advice on Finding Hope, Help and Health (2007) By Cheryl E. Woodson, M.D.—A book review By John Voorn General Practice, Solo, and Small Firm, September 2008 Serving as a caregiver is a daunting task.
Practice Trap: Life insurance provisions that secure child support obligation in marital settlement agreements can cause drafting and enforcement problems By Hon. Brian L. McPheters Family Law, December 2008 Marital Settlement agreements incorporated into judgments of dissolution of marriage frequently and wisely utilize life insurance to secure child support obligations in the event of the death of a parent.
Practice Trap: Life insurance provisions that secure child support obligation in marital settlement agreements can cause drafting and enforcement problems By Judge Brian L. McPheters General Practice, Solo, and Small Firm, March 2008 Marital Settlement agreements incorporated into judgments of dissolution of marriage frequently and wisely utilize life insurance to secure child support obligations in the event of the death of a parent.
Pre-conviction DNA gathering By Thomas A. Bruno Human and Civil Rights, June 2008 The FBI has proposed taking tissue samples of all persons arrested by the FBI for submission to the FBI’s DNA database.
Pre-conviction DNA gathering By Thomas A. Bruno Bench and Bar, June 2008 The FBI has proposed taking tissue samples of all persons arrested by the FBI for submission to the FBI’s DNA database. Privacy rights advocates will surely test the validity of this policy in court.
Preferred Partnership Interest Sale To Grantor Trust By Stephen M. Margolin Trusts and Estates, October 2008 This article discusses the benefits of recapitalizing a partnership with preferred interests, and the sale of those interests to a grantor trust.
Prepare for their return before they go By Frank M. Grenard Corporate Law Departments, September 2008 This fall, the Illinois National Guard will send a combat brigade to Afghanistan to lead in the training and mentoring of the Afghan National Army and the Afghan National Police.
Preparing your client for deposition By Matthew L. Willens Tort Law, May 2008 Preparing a client for deposition is arguably the most critical aspect of the discovery process in any type of civil litigation.