Section Newsletters

Articles From 2012

Federal Crop Insurance Act preempts security interests in crop insurance By Erika Eckley Agricultural Law, August 2012 The case of In re Duckworth involved several issues that arose during the administration of a farmer’s Chapter 7 bankruptcy surrounding the security interest of multiple lenders.
Federal preemption and animal regulation By A. Bryan Endres & Megan R. Galey Animal Law, July 2012 The recent case of National Meat Association v. Harris, pitted a trade association against California’s Attorney General. Although the litigation was confined to the scope of the Federal Meat Inspection Act, the Court’s holding could apply to other state efforts to regulate animal welfare.
Fifth District issues new Forum Non Conveniens opinion By David Cates Tort Law, June 2012 A summary of the decision in Fennell v. Illinois Central Railroad Company, issued earlier this year.
Fifty shades of counsel: Fan fiction in 2012 By Shannon A.R. Bond Intellectual Property, December 2012 Fan fiction—sincere flattery or copyright infringement. Stephanie Meyer's Master of the Universe, E.L. James, Fifty Shades of Grey, and avoiding trouble.
Final regulations for the Americans with Disabilities Amendments Act are now available By Eileen M. Geary Government Lawyers, January 2012 The new regulations follow the ADAAA’s directive that mitigating measures not be considered in determining whether an impairment substantially limits a major life activity. Mitigating measures can eliminate or reduce the symptoms or impact of an impairment, and can include medication, prosthetics, and assistive technology.
First District finds that the Cook County Commission on Human Rights does not have the authority to award punitive damages By Laura D. Mruk Labor and Employment Law, October 2012 Recently, in Jimmy Crittenden v. Cook County Commission on Human Rights, the First District found that under the Cook County Code of Ordinances, the Cook County Commission on Human Rights does not have the authority to award punitive damages. 
First District rejects agency/negligent entrustment theories of shipper liability in truck/rail collision By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2012 A summary of the recent case of Dowe v. Birmingham Steel Corp.
Five tips for handling a child custody appeal By David House Child Law, June 2012 Of course there are more than five steps to a good appeal, but if you remember these tips, you should be able to survive your first appeal.
Five years later: Child custody and visitation mediation implementation after the 2006 Supreme Court Rules By Heather Scheiwe Kulp Alternative Dispute Resolution, October 2012 While there have been major achievements for the Illinois justice system, there is still room for improvement in certain aspects of some mediation programs.
Florida Supreme Court decisions address the validity of nursing-home arbitration agreements By Em Rademaker Alternative Dispute Resolution, February 2012 Late in 2011 the Supreme Court of Florida issued two new decisions, finding that nursing home residents may not be obligated to arbitrate under an arbitration agreement that undermines their statutory rights
Focus on exclusionary conduct—Recent U.S. antitrust enforcement actions against refusals to deal with customers or suppliers By Lauren N. Norris March 2012 In re Pool Corp. and other recent actions by the United States’ antitrust enforcement agencies have placed an increased focus on conduct by companies with large market shares that forecloses rivals, or potential rivals, from the market by refusing to deal, or incentivizing customers or suppliers to stop dealing, with a rival.
For what it’s worth—Odds and ends By Paul A. Meints Federal Taxation, April 2012 Updates of interest to tax practitioners.
For what it’s worth—Odds and ends By Paul A. Meints Agricultural Law, January 2012 Recent tax and estate law updates of interest to agricultural law practitioners.
For §513 contributions, why not use your IRA—penalty free? By Edward J. Burt Family Law, March 2012 The practitioner may consider crafting a settlement agreement that utilizes IRA accounts as a source for funding the college education expenses, and thus, the client has somewhat resolved the college funding issue and removes some of the uncertainty as to his/her future obligation for college expenses.  
1 comment (Most recent March 15, 2012)
Foreclosure of claims: The Doctrine of Judicial Estoppel By Patrick M. Kinnally Civil Practice and Procedure, February 2012 As practitioners, we must be mindful of the fact that inconsistency by our clients in prior and subsequent litigation before a trial court or a quasi-judicial tribunal may lead to the loss of consideration of a right to recovery on its merits.
Foreclosures and real property tax valuation revisited: Continuing challenges and responses By Thomas A. Jaconetty State and Local Taxation, October 2012 A look at the complex issues involved in determining market value of real property in the current economic environment without comprising the principles of appraisal and valuation of real property.
Former Chair Ann Breen-Greco named District 8 Director of the National Association of Women Judges By Hon. Tanya R. Kennedy Administrative Law, March 2012 For more than two decades, Judge Breen-Greco has worked to reduce violence against women, working with women’s groups and elected officials to promote the Violence Against Women Act and continuing to lobby for its funding.
Fourth District Appellate Court revisits its decision in The Department of Public Aid ex. Rel. Gagnon Dix v. Gagnon By Anne M. Martinkus Family Law, October 2012 In the instant case the appellate court has clearly rejected its earlier ruling.
Fourth District reverses decision by TRS Board of Trustees By Roland Cross Education Law, October 2012 A summary of Kildeer-Countryside School District v. Board of Trustees of Teachers’ Retirement System of the State of Illinois.
FRCP 45—The toolbox of discovery has pending amendments By Ambrose V. McCall Federal Civil Practice, March 2012 All Illinois counsel who practice in federal court may want to calendar a few dates in late 2012 or early 2013 to not only check on the status of FRCP 45, but to review their office procedures to see if they comply with the provisions detailing how we use one of our primary tools for conducting discovery.
From the Chair By Thomas A. Bruno Human and Civil Rights, November 2012 A message from Human Rights Section Chair Tom Bruno.
From the Chair By Meghan O’Brien Young Lawyers Division, October 2012 A message from YLD Chair Meghan O'Brien.
From the Chair By Meghan O’Brien Young Lawyers Division, August 2012 A message from YLD Chair Meghan O'Brien.
From the Editor By Thomas D. Cavenagh Alternative Dispute Resolution, October 2012 An introduction to the issue from Editor Tom Cavenagh.
From the editors By James T. Nyeste Insurance Law, December 2012 An introduction to the issue from Managing Co-Editor James Nyeste.
From the editors By James T. Nyeste Insurance Law, September 2012 An introduction to the issue from Managing Co-Editor James Nyeste.
From the editors By James T. Nyeste Insurance Law, June 2012 An introduction to the issue from Managing Co-Editor James Nyeste.
From the editors By James T. Nyeste Insurance Law, March 2012 An introduction to the issue from Managing Co-Editor James Nyeste.
From the editors By James T. Nyeste Insurance Law, January 2012 An introduction to the issue from Managing Co-Editor James T. Nyeste.
From the governor’s office to the law office By Richard W. Zuckerman General Practice, Solo, and Small Firm, February 2012 Where do laws come from? Where do legislators get their ideas for laws? Author Richard Zuckerman sheds some light on these common questions.