Section Newsletters

Articles From 2009

Book review By Hon. E. Kenneth Wright, Jr. & Hon. Daniel T. Gillespie Bench and Bar, June 2009 Lincoln scholar Douglas L. Wilson has penned a fascinating account of our sixteenth President’s extraordinary ability to communicate with the written word.
A book review and personal recommendation By J.A. Sebastian Administrative Law, January 2009 A review of the book EATS, SHOOTS & LEAVES: The Zero Tolerance Approach to Punctuation, by Lynne Truss.
Borrowed employee has retaliatory discharge claim By Michael R. Lied Labor and Employment Law, June 2009 In a case of first impression, the Illinois Appellate Court determined that an employee of a staffing company could sue the company’s customer for retaliatory discharge.
Brainlash: Be aware of this insidious disorder By Scott A. Berndtson Tort Law, June 2009 When you interview your next whiplash-injured client be alert for other latent problems resulting from a brainlash as well and what to do if they exist.
Brief review of new provisions in the ADA Amendments Act of 2008 EEOC invites public comment and input on new regulations for the statute through November 23, 2009 By Eileen M. Geary Government Lawyers, December 2009 Last fall, Congress enacted the Americans with Disabilities Amendments Act of 2008 , which became effective on January 1, 2009. See Pub. L. No. 110-325, 122 Stat. 3554. In the Act’s Findings and Purposes, Congress stated its intention in enacting the ADA of 1990 that the statute “’provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities’ and provide broad coverage.”
Brief summary of President Obama’s budget impact on mineral producers By James K. Weston, Sr. Mineral Law, April 2009 Some of the suggestions advanced in the proposed 2010 budget sent to Congress by President Obama could have such an impact on Illinois mineral production.
Burlington Northern & Santa Fe Railway Co. v. U.S.: New rules for CERCLA arranger liability By Raymond T. Reott & Becky J. Schanz Environmental and Natural Resources Law, July 2009 Even in an established area of law like CERCLA, there is room for revolutionary change.
A business planning guide to successor liability laws, part 2 By Janette M. Lohman Business and Securities Law, January 2009 The second of a two-part article. Part One appeared in the December 2008 issue of the ISBA’s Corporations, Securities & Business Law newsletter.
California Proposition 8 update By Sepi Ghafouri Diversity Leadership Council, June 2009 Last summer, the Supreme Court of California became the second state high court in the United States to end years of marriage inequality.
The Call to Action: Advancing Women Attorneys in Leadership in Chicago By Jane DiRenzo Pigott & E. Lynn Grayson Diversity Leadership Council, June 2009 The Chicago Bar Association (“CBA”) issued a Call to Action (“CTA”) in 2004 with 10 law firms acting as leadership signatories:
The call to action: Advancing women attorneys in leadership in Chicago By Jane DiRenzo & E. Lynn Grayson Women and the Law, March 2009 Chicago law firm signatories to the 2004 Call to Action (CTA) demonstrated success on each of its five goals. Many firms demonstrated real success on the front of advancing women into leadership. Overall, the Chicago legal community made material progress and established some best practices that fed the success of its efforts. Continued progress will be necessary, but the CTA facilitated focus and progress on this important issue.
Can I review my boss? By Melissa Schroeder & Toby Paulose Law Office Management and Economics, Standing Committee on, October 2009 The answer to that question is, YES!
Can oil and water mix—Impact fees and non-home rule municipalities? By John H. Brechin Local Government Law, June 2009 The recent April 15, 2009 decision of the 2nd District Appellate Court in Raintree Homes Inc. v. the Village of Long Grove illustrates the peril when non-home rule units attempt to “stretch” the limits of explicit statutory authority.
Can the Commission award penalties pursuant § 19(k) and 16 for prospective medical care? By Richard D. Hannigan Workers’ Compensation Law, June 2009 In what was first a Rule 23 order entered March 6, 2009 and now a published decision filed May 13, 2009, the Illinois Appellate Court, Workers’ Compensation Division, in Residential Carpentry v. Workers’ Compensation Commission, No. 03-08-0122WC, affirmed a case where the arbitrator awarded temporary total disability benefits and penalties on prospective medical expenses.  
Cannot get satisfaction? Try Accord and Satisfaction… By Julia Jensen Smolka Commercial Banking, Collections, and Bankruptcy, August 2009 In these tough times, many clients are coming to the office with checks where either they, or their clients, are attempting to use accord and satisfaction as an inexpensive way to settle disputes.
Carpal Tunnel Syndrome: Is it work-related? By Linda A. Robert Workers’ Compensation Law, March 2009 In light of the medical research presented in this article, there should be a decrease in carpal tunnel claims that are accepted as compensable. There is no scientific or medical basis for relating carpal tunnel syndrome to work activities. When there is no medical evidence to support finding a causal connection between carpal tunnel syndrome and work activities, the Commission should not make legal conclusions to the contrary.
Carrier not a broker and remains liable for cargo damage By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 2009  In Aioi Ins. Co. v. Timely Integrated, Inc., 2009 WL 2474072 (S.D.N.Y. 8/12/09), shipper Yazaki hired motor carrier Timely to move auto parts from AZ to IL.
Carrier wins summary judgment in cargo damage suit By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2009 In Design X Manufacturing, Inc. v. ABF Freight Systems, Inc., the United States District Court for Connecticut granted motor carrier ABF’s motion for summary judgment in a shipper’s cargo damage lawsuit.
Caryl Chessman, the forgotten man By Willis R. Tribler Bench and Bar, October 2009 Chessman conducted the first relentless, no-holds-barred campaign by a condemned person to delay or avoid execution for a death penalty crime. Along the way, he demonstrated the utter folly of defending yourself in a capital case and provided support for the proposition that the death penalty should not be imposed for crimes, however loathsome, that do not result in the death of the victim.
Case & regulation update By Kavita Puri March 2009 Recent updates of interest to antitrust & unfair competition practitioners.
Case briefs By Sidra Hamidi & Tim Lesiewicz Alternative Dispute Resolution, November 2009 Ninth Circuit Court of Appeals rules that arbitrators decide claims arising from collective bargaining agreements with an arbitration clause
Case briefs By Nicholas Pavlopoulos & Tim Lesiewicz Alternative Dispute Resolution, October 2009 Cases of interest to ADR practitioners.
Case briefs By Jillian Ruggiero & Alyssa Vincent Alternative Dispute Resolution, May 2009 Recent cases of interest to ADR practitioners.
Case law update Real Estate Law, October 2009 A recent case of interest to real estate law practitioners.
Case law update By Adam B. Whiteman Real Estate Law, September 2009 Summaries of two recent cases of interest to real property attorneys. 
Case law update By Ross S. Levey Family Law, April 2009 Recent cases of interest to family law practitioners.
Case law update By Craig M. Mandell & Ross S. Levey Family Law, February 2009 Recent cases of interest to family law practitioners.
Case law update By Craig M. Mandell & Ross S. Levey Family Law, January 2009 Recent cases of interest to family law practitioners.
Case names and holdings Insurance Law, December 2009 Overview of recent cases.
Case names and holdings Insurance Law, October 2009  Case listings.