Section Newsletters

Articles From 2011

Mid-Year Assembly votes to support CEDAW By Julie A. Neubauer Women and the Law, April 2011 The ISBA Assembly voted overwhelmingly, but not unanimously, to stand in support of the US ratification of CEDAW.
A modest proposal for changes to rules and statutes governing Secretary of State Hearings By Tom Speedie Traffic Laws and Courts, May 2011 A wish list from a former Secretary of State Hearing Officer and current solo practitioner concentrating in practice before Secretary of State.
Modest suggestions on how not to mess up a divorce case: Part I By Marilyn Longwell Family Law, October 2011 The author provides seven rules to help keep your sanity during a domestic relations case.
1 comment (Most recent October 6, 2011)
Moldovan investor claims illegal expropriation by Kazakhstan By Victoria Popova International and Immigration Law, January 2011 A Moldovan investor recently filed a $1 billion investment arbitration against Kazakhstan.
Mortgage foreclosures: In rem or quasi in rem? The distinction that makes a difference By Robert Handley Commercial Banking, Collections, and Bankruptcy, February 2011 In this recent case the Illinois Supreme Court reversed the appellate court and affirmed the circuit court, thereby dismissing the foreclosure action filed by ABN AMRO Mortgage Group.
Mortgage foreclosures: The need to exhibit the original note By Jeffrey G. Liss Real Estate Law, August 2011 In a foreclosure, must a mortgagee exhibit the original of the note securing the mortgage to the court? The author says yes.
1 comment (Most recent September 11, 2012)
Motor carrier defeats HIV-positive driver’s ADA and related claims By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2011 The case of EEOC v. C.R. England, Inc. will be helpful to motor carriers and others as it answers some fundamental questions that arise from the ADA statute which have not been previously addressed in detail by the courts.
Municipal antitrust immunity: A survey of Illinois decisions By Jamie Manning February 2011 A summary of the cases challenging Illinois municipalities' antitrust liability exemption.
Musings of an old country lawyer By John H. Maville Senior Lawyers, June 2011 A few ideas to help ease into retirement.
Must a homeowner establish the contractor’s state of mind to state a claim for a violation of the Illinois Home Repair and Remodeling Act? By Nathan B. Hinch Construction Law, October 2011 In light of the recent amendments to the Illinois Home Repair and Remodeling Act, must a homeowner also establish the contractor's state of mind in claims involving HRRA violations?
My U.S. Export Story – Finding customers around the world International and Immigration Law, August 2011 In order to recognize successful small exporters and increase awareness toward federal assistance for exporters, the U.S. Small Business Administration is sponsoring the SBA Export Video Contest.
Narrowing the scope and timeline for class certification: Let’s see who gets to the courthouse first By Hon. James Fitzgerald Smith & Sonja Dimitrijevic Civil Practice and Procedure, October 2011 In order to avoid mooting a class action each time a tender was offered to a class representative prior to certification, Illinois appellate courts gradually developed the so-called “pick off” exception, under which they would permit a class action to proceed so long as the plaintiffs pursued the action with “reasonable diligence.” The recent case of Barber v. American Airlines, Inc., however, recently changed the landscape.
National Association of Women Lawyers releases fifth annual survey Women and the Law, April 2011 The National Association of Women Lawyers (NAWL) and The NAWL Foundation has released the results of their fifth annual Survey on Retention and Promotion of Women in Law Firms.
National Labor Relations Board Chairman Wilma Liebman: Forging a new process By Melissa M. Olivero Government Lawyers, March 2011 On January 20, 2009, Wilma Liebman was appointed as the 20th Chairman of the National Labor Relations Board by President Obama, only the second woman to serve in this capacity since the creation of the Board in its current form.
Navigating mechanics liens through hostile “ground lease” territory By Phillip R. Van Ness Real Estate Law, October 2011 Most real estate practitioners are well acquainted with the common “Ground Lease” and the even more common Mechanics’ Lien. But reconciling these stalwart fixtures of real property law can pose practical problems which are magnified in the current real estate market.
Navigating the Attorney’s Fees and Wage Actions Act By Donald S. Rothschild & Brian M. Dougherty Labor and Employment Law, July 2011 The Fees Act is not your typical “prevailing party,” fee-shifting statute. Its inner workings are unusual and this article will explain how to comply with its requirements.
Negotiating tax increment financing redevelopment agreements By Herbert J. Klein Local Government Law, April 2011 As redevelopment agreements typically exist for a number of years, care should be taken to address all known and reasonably anticipated issues in a clear and unambiguous manner. Here's a look at some of the items the agreement should address.
Networking Is a Contact Sport, by Joe Sweeney By Katie Kelleher Young Lawyers Division, February 2011 A synopsis of the new book, Networking is a Contact Sport, by Joe Sweeney.
New amendments to Rule 26 limit discovery of experts and their lawyers By Glenn R. Gaffney Labor and Employment Law, June 2011 Important amendments to Federal Rule of Civil Procedure 26 became effective December 1, 2010.
The new Arizona immigration law mirrors existing federal law By Peter LaSorsa Human and Civil Rights, August 2011 The federal government estimated that Arizona had one of the fastest growing illegal immigrant populations in the country, increasing from 330,000 in 2000 to 560,000 by 2008.
New citation lien procedure provides enforcement help for judgment creditors By Mary Anne Spellman Gerstner Commercial Banking, Collections, and Bankruptcy, November 2011 Effective January 1, 2012, Code of Civil Procedure amendments will give improved remedies to judgment creditors in citation to discover assets proceedings and other post-judgment procedures.
New citation lien procedure provides enforcement help for judgment creditors By Mary Anne Spellman Gerstner General Practice, Solo, and Small Firm, October 2011 Effective January 1, 2012, Code of Civil Procedure amendments will give improved remedies to judgment creditors in citation to discover assets proceedings and other post-judgment procedures.
The new Civil Union Act and its effect on the Illinois Probate Act By Joanna M. Lekkas Trusts and Estates, November 2011 While intestacy laws may protect surviving spouses who are parties to a civil union, it is important to keep in mind that only six states recognize these unions. Therefore, estate planning for disability and death remain important tools for same-sex couples.
The new Civil Union Act and its effect on the Illinois Probate Act By Joanna M. Lekkas Women and the Law, November 2011 While intestacy laws may protect surviving spouses who are parties to a civil union, it is important to keep in mind that only six states recognize these unions. Therefore, estate planning for disability and death remain important tools for same-sex couples.
New federal procedural rules By Jay H. Scholl Federal Civil Practice, March 2011 A brief review of the December 2010 amendments to the Federal Rules of Civil Procedure.
New grounds for challenging red light tickets after PA 96-1016 and Melendez-Diaz By Nate Nieman Traffic Laws and Courts, March 2011 A new amendment to the statute outlining procedures for "photo enforcement" citations gives defendants new grounds on which to challenge those citations.
New Illinois FOIA and government’s obligation to speak By Steven Helle Human and Civil Rights, April 2011 A discussion of Illinois' Freedom of Information Act and the government’s responsibility and obligation to speak.
1 comment (Most recent April 18, 2011)
New INCOTERMS 2010 By Lynne R. Ostfeld International and Immigration Law, December 2011 The word INCOTERMS is an abbreviation for International Commercial Terms. These are commercial terms drafted and published by the International Chamber of Commerce (ICC), in Paris. First published in 1936, the terms were just updated in 2010 and are often referred to as INCOTERMS 2010.
New Jersey District Court rejects material deviation claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, September 2011 The court noted that PMT needed to show UPS’ intentional destruction or theft of the cargo for the liability limit to be ignored and no such evidence had been presented.
New limitation applied to recovery of medical payments under Section 8(a) By Arnold G. Rubin & Catherine Krenz Doan Workers’ Compensation Law, June 2011 Tower Automotive v. Illinois Workers Compensation Commission is an extremely significant case, and will have a significant impact on those claims for medical benefits prior to February 1, 2006, the effective date of the amendment to Section 8(a) in 2005. 820 ILCS 305/8(a).