Section Newsletters

Articles From 2011

The clock stops here: Defining Section 12’s 48-hour disclosure requirement: Mulligan v. Illinois Workers’ Compensation Commission By Miranda L. Soucie Workers’ Compensation Law, August 2011 Section 12 of the Illinois Workers’ Compensation Act requires that the proponent of medical testimony furnish a report of the medical expert to the other party at least “48-hours before the time the case is set for hearing.”
A closer look: The text of the College Campus Press Act Human and Civil Rights, October 2011 The language of the legislation, which became effective June 1, 2008.
Co-editor’s introduction to the May issue By J.A. Sebastian Administrative Law, May 2011 A note from Co-Editor J.A. Sebastian.
Colella v. JMS: A good review of evidentiary issues, jury instructions and damages at trial By Dennis M. Lynch & Matthew M. Gannon Tort Law, May 2011 A look at the case of Colella v. JMS Trucking Co. of Ill., Inc., 403 Ill.App.3d 82 (1st Dist. 2010).
Collection issues and the IRS By William M. Gasa Federal Taxation, May 2011 As a result of a recent IRS revision, there are now forms to complete when requesting a discharge or subordination of a federal tax lien.
The College Campus Press Act should also protect high school journalists By Steven Helle Human and Civil Rights, October 2011 An argument to expand the College Campus Press Act to include high school journalists.
The College Campus Press Act should not be amended for high school journalists By Peter LaSorsa Human and Civil Rights, October 2011 The author states his case for why high school journalists should not be included under the College Campus Press Act.
College expense contributions by divorced parents: Reservations about reservation provisions By Cecilia Hynes Griffin & Scott P. Kramer Family Law, November 2011 Courts do not always require divorcing parties to expressly allocate the cost of their children’s college expenses between themselves upon termination of their marriage. Rather, the issue of each party’s respective obligation to contribute to their children’s college expenses is instead often “reserved” for future determination pursuant to Section 513 of the Illinois Marriage and Dissolution of Marriage Act. Given the popularity of these reservation provisions in divorce decrees, family law practitioners must understand the ramifications of these provisions, and how to best convert the “reservation” into actual college expense contributions.
Column: Of the Moment—Current developments in mediation By Terry Moritz & Heather Scheiwe Kulp Alternative Dispute Resolution, October 2011 A new column that will address developing ADR issues and initiatives in Illinois and throughout the country.
Comment from the editor By Craig R. Hedin Mineral Law, December 2011 An introduction to the issue from Editor Craig Hedin.
1 comment (Most recent December 20, 2011)
Comments from the (outgoing) Chair By Anna E. Morrison-Ricordati Animal Law, June 2011 A message from the outgoing chair, Anna Morrison-Ricordati.
Community schools: A model for success By Melissa Mitchell Education Law, October 2011 The author argues that Illinois should adopt the community school model statewide. 
Company Web sites: Best Practices for Avoiding Securities Fraud By Elizabeth A. Bleakley & Daryl M. Schumacher Business Advice and Financial Planning, August 2011 A look at some of the regulatory issues and the application of antifraud provisions of federal and state securities laws to company Web sites.
Company Web sites: Best practices for avoiding securities fraud By Elizabeth A. Bleakley & Daryl M. Schumacher Business and Securities Law, July 2011 A look at some of the regulatory issues, as well as the application of antifraud provisions of federal and state securities laws to company Web sites.
Condominium assessments and mortgage foreclosure: A study of 765 ILCS 605/9(g) By Richard F. Bales Commercial Banking, Collections, and Bankruptcy, September 2011 An analysis of the Condominium Property Act.
Condominium Assessments and Mortgage Foreclosure: A Study of 765 ILCS 605/9(g) By Richard F. Bales Real Estate Law, July 2011 A discussion and analysis of the ambiguous wording of the Condominium Property Act.
1 comment (Most recent July 27, 2011)
Congratulations to the 2010-2011 Inaugural Class of Diversity Leadership Fellows Diversity Leadership Council, June 2011 The Diversity Leadership Fellows program had its inaugural year in 2010-2011. The goal of the Fellows program is to increase diversity in the membership of ISBA section councils, committees, and other leadership positions, to educate young lawyers about the work, structure, and policies of the ISBA, and to ultimately to develop a diverse group of future leaders of the organization.
Congratulations to the 2011 Lincoln Writing Contest winners Young Lawyers Division, June 2011 David C. Holland and Gilbert C. Lenz of Chicago co-authored the first-place article this year.
Construction project delivery methods: Which is best for you? By Mark C. Friedlander Construction Law, May 2011 A look at the most common types of construction project delivery methods, including the newest methods that have received significant acclaim.
Consultant gives tips for interpreting gender-linked communications styles By Angela Rollins Women and the Law, April 2011 A national consultant on gender and communications addressed law students and lawyers at the Second Annual Women in Leadership Dinner in January.
Content-based tax exemptions and the First Amendment By Stanley R. Kaminski & David I. Curkovic State and Local Taxation, January 2011 The Illinois Supreme Court recently issued their opinion in Pooh-Bah Enterprises, Inc. v. County of Cook.
Cook County Circuit Court nears implementation of Elder Law Division By Anthony J. DelGiorno Elder Law, June 2011 The Honorable Patricia Banks has been named as the presiding judge of the new division, which she hopes will be up and running sometime in 2011.
Could summary jury trials provide a lower-cost litigation alternative? By Patrick J. Arnold, Jr. Federal Civil Practice, March 2011 A summary jury trial is nonbinding and is intended to be a flexible process. An abbreviated procedure is used, whereby the advisory jury may hear only lawyers' arguments, or may also hear some testimony from witnesses for both sides.
Council member profile: Jewel N. Klein General Practice, Solo, and Small Firm, October 2011 Get to know Section Council member Jewel Klein.
Country roads: Who owns them? By Robert F. Russell Agricultural Law, August 2011 After searching the records at the courthouse and at the county superintendent’s office, the sellers’ attorney should be able to determine whether the road or roads in question were established by statute or by a dedication that conforms with the Illinois Plat Act.
Country roads: Who owns them? By Robert F. Russell Real Estate Law, July 2011 After searching the records at the courthouse and at the county superintendent’s office, the sellers’ attorney should be able to determine whether the road or roads in question were established by statute or by a dedication that conforms with the Illinois Plat Act.
1 comment (Most recent July 28, 2011)
Court awards summary judgment for cargo damage and attorney fees in cargo litigation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, October 2011 A summary of the recent case of Contessa Premium Foods, Inc. v. CST Lines, Inc.
Court rejects employee’s discrimination and retaliation claims By Michael R. Lied Labor and Employment Law, October 2011 The court of appeals wrote that no reasonable jury could find that the delivery of a verbal warning, based on a complaint from a coworker, constituted an adverse employment action or created an objectively hostile work environment.
Covenants not to Compete in Illinois—The assault on the legitimate business interest test By Harold B. Oakley Health Care Law, May 2011 Covenants not to compete are common in employment contracts, including those of physicians. Recent decisions from the Illinois Appellate Court have introduced some controversy regarding the proper analysis of such covenants. This article explores these recent cases.
Covenants not to compete in Illinois—The muddle of the legitimate business interest test By Harold B. Oakley Intellectual Property, September 2011 This article first examines Steam Sales and Reliable. It then addresses what these decisions, which dealt with sales positions wholly unrelated to the health care industry, may nevertheless mean for health care providers in Illinois.