Section Newsletters

Articles From 2009

Personal observations of 20 years with the Illinois mortgage foreclosure law By Jack H. Tibbetts Commercial Banking, Collections, and Bankruptcy, March 2009 The author's observations of what occurred in the drafting and implementation of the Illinois Mortgage Foreclosure Act.
Personal observations of 20 years with the Illinois mortgage foreclosure law By Jack H. Tibbetts Real Estate Law, January 2009 The author provides his insight as a member of the ISBA committee that helped draft the IMFL, and his review of the law 20 years after its adoption.
A perspective on judicial elections By Hon. Wallace B. Jefferson Bench and Bar, June 2009 An argument to eliminate cynicism, money, and partisanship in judicial selection.
A perspective on the Illinois Supreme Court, judging, and our profession By Hon. Anne M. Burke Bench and Bar, October 2009 Address to the Northwest Suburban Bar Association January 28, 2009.
Petition to Rescind Statutory Summary Suspension denied where defendant failed to produce evidence demonstrating that roadblock was an illegal drug interdiction checkpoint or that police lacked probable cause for stop By David B. Franks Traffic Laws and Courts, June 2009 A review of People v. Hacker.
Phase I Environmental Site Assessments: The familiar stranger By Phillip R. Van Ness Real Estate Law, February 2009 An attorney charged with guiding his or her Illinois client through a Phase I doesn’t have to understand the science behind it (although that surely won’t hurt). But he or she does have to know whether the Phase I at least prima facie appears to comport with the essential elements of a valid Phase I. At this point, it may be advisable to secure the services of an environmental lawyer, but even a non-technically trained lawyer can put together a checklist that greatly increases the odds that the client will have a Phase I it can rely on.  
Plaintiff’s wrongful death claim on behalf of fetus allowed despite plaintiff’s agreement to terminate pregnancy By Scott D. Lane Tort Law, June 2009 Can a plaintiff pursue a wrongful death claim for the death of a fetus where the plaintiff agreed to terminate the pregnancy?
Planning for post-EGTRRA wealth transfer taxes By Sean Young Trusts and Estates, August 2009 As the days wane on the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), the legislation’s final act would be to repeal the estate and GST taxes altogether in 2010, while retaining the gift tax along with a $1 million gift tax exclusion and a maximum rate of 35 percent.
Poison pill rights plan—An introduction By Tracy J. Nugent Business and Securities Law, December 2009 During the period from 1991 through 2008, approximately 3,100 publicly traded companies adopted, amended or restated poison pill rights plans.
Pollution Control Board questions Illinois EPA proposal on vapor intrusion By Raymond T. Reott Environmental and Natural Resources Law, April 2009 On March 17, 2009, the Illinois Pollution Control Board held the second public hearing on the Illinois EPA proposal to add a vapor intrusion indoor air inhalation pathway to the existing TACO cleanup objective system.
The powers of the state legislature in filling senatorial vacancies: A federal constitutional authority By Mitchell B. Goldberg Government Lawyers, April 2009 Under the plain language of the Federal Constitution, the Illinois General Assembly’s power seems to be supreme with respect to establishing or limiting the power of appointment, enabling that body to act without fear of veto or other action by the then-sitting Governor.
Practice note: Defenses to claims for unpaid child support By Joan Scott Family Law, July 2009 Practitioners should be vigilant in advising their clients who are ordered to pay child support of the obligation to seeking modification when their financial circumstances are reduced.
Practice Note: What do you need to know about the Line of Duty Compensation Act when representing an individual in the military? By Michelle L. Blackburn General Practice, Solo, and Small Firm, May 2009 This change to the statute in June 2006 has caused immense problems for the survivors of military personnel killed in the line of duty. Specifically, if you were deployed prior to June 2006, it appears that you were never informed of this change and given the opportunity to designate a beneficiary. Furthermore, military personnel who were deployed after June 2006 were never presented with a document to designate beneficiaries of the line of duty compensation.
Practice tip: Vital information at your fingertips—A tour of the Daley Center Law Library By Robert F. Brunn & Bennie E. Martin General Practice, Solo, and Small Firm, December 2009 The law is always changing, and lawyers and their staffs need to be able to continually research in order to stay on top of critical developments in the law. Local and state legislatures and the U.S. Congress are constantly adding or modifying statutes; administrative agencies regularly adjust their guidelines; and courts routinely write opinions that provide or revise precedents.
Practice trap: It ain’t over ‘til it’s over (Did the Supreme Court decision in Best really make a difference?) By Douglas B. Warlick Family Law, June 2009 Essentially, a party seeks a declaratory judgment to determine if certain property rights within a dissolution action will be governed by statute or be construed pursuant to a contract between the parties.
Pregnant inmates suffer human rights violations By Cynthia West Human and Civil Rights, September 2009 Pregnant women in prison need better access standard health care, reasonable bodily movement and freedom from shackles and restraints during transport to the hospital, labor and delivery.
Preparing clients for mediation By Kathleen M. Kraft Family Law, April 2009 Consider the following steps when preparing your client for mediation.
President Obama names Victoria Espinel as Intellectual Property Enforcement Coordinator By Pradip K. Sahu International and Immigration Law, November 2009 On September 25, 2009, President Obama appointed Victoria Espinel as the new Intellectual Property Enforcement Coordinator of the United States (the “IPEC”).
President Obama names Victoria Espinel as Intellectual Property Enforcement Coordinator By Pradip K. Sahu Corporate Law Departments, October 2009 On September 25, 2009, President Obama appointed Victoria Espinel as the new Intellectual Property Enforcement Coordinator of the United States.
Preventing the misappropriation of trade secrets through proactive policies and procedures By Peter A. Steinmeyer Labor and Employment Law, May 2009 While there is no magic wand that will prevent a theft or stop a thief in his tracks, a company can substantially lower the risk of trade secret misappropriation through proactive policies and procedures.
Privacy: Social Security numbers Employee Benefits, September 2009 ERISA has a little-known privacy provision in Section 106(b) which restricts the disclosure of certain information about participants.
Private annuities By Jesse T. Coyle Trusts and Estates, May 2009 A private annuity can be an effective way of transferring wealth to a family member, freezing the estate, avoiding estate and gift tax, and ensuring a lifetime stream of income.
Pro Bono Immigration Relief International and Immigration Law, September 2009 The National Immigrant Justice Center has released the following list of pro bono attorneys who provided the assistance to individuals who were granted immigration relief earlier in 2009.  
Pro bono: Now more than ever! By Michael G. Bergmann Young Lawyers Division, December 2009 Bailouts, stimulus packages and an unsteady stock market are all common themes of these difficult economic times. You can’t watch the news anymore without hearing about some aspect of the recent economic downturn. Even the legal profession has been hit hard by this recession. For many, however, this year is no different than years past. For others, they face economic and legal challenges that are both unfamiliar and daunting.
Probable cause and driving while revoked—An evolving standard and split between appellate districts By Larry A. Davis Traffic Laws and Courts, December 2009 For many too young to remember, there was a time in the jurisprudence of this state when in order to effectuate a stop for the offense of driving while revoked or suspended absent an independent basis for the stop, e.g., observation of a violation of the vehicle code, the law enforcement officer was required to possess independent knowledge that the individual operating the motor vehicle was, in fact, revoked or suspended.
Probate Act problems in proving up wills By Lawrence P. Devens Trusts and Estates, June 2009 This article examines the problem that arises when a petitioner must rely on a witness attestation clause to admit a will in a “formal proof” hearing under the Probate Act.
Profiling professionals in the field: H. Case Ellis By Laurel White Alternative Dispute Resolution, November 2009 H. Case Ellis is currently collaborating with the Law Office of Stephen E. Walter to run WE Mediate, an alternative dispute resolution practice in Crystal Lake.
Profiling professionals in the field: Judge Allen S. Goldberg directs mediation efforts of Cook County Circuit Court By Laurel White Alternative Dispute Resolution, October 2009 The first in a series of profiles of professionals in ADR.
The progeny of Arthur v. Catour By James K. Theisen Tort Law, May 2009 How much can a plaintiff be awarded for medical bills if the plaintiff’s health insurance pays the medical bills at a discounted rate? Should the plaintiff receive an award for the full amount or just the discounted amount? How much can a plaintiff be awarded for medical expenses provided free of charge? These questions are answered by the collateral source rule.
Proposed change in juror fees By James R. Covington Bench and Bar, September 2009 House Bill 4002 (Mathias, R-Buffalo Grove) did not pass this spring but probably will be reintroduced in 2010. It has two main components. First, it replaces the current “jury-demand fee” with a “juror-fund fee.” This new “juror-fund fee” is assessed against the plaintiff and defendant in most civil actions to pay for an increase in juror pay. Second, it changes how jurors are called and excused.