Bankruptcy issues relating to personal injury casesBy Brett J. SwansonCommercial Banking, Collections, and Bankruptcy, August 2012In the recent case ofBerge v. Kuno Mader and DMG America, Inc., the First District found that the doctrine of judicial estoppel bars a plaintiff from proceeding with a cause of action in state court where the plaintiff fails to disclose the action as an asset in a bankruptcy petition.
Bankruptcy issues relating to personal injury casesBy Brett J. SwansonTort Law, May 2012In the recent case ofBerge v. Kuno Mader and DMG America, Inc., the First District found that the doctrine of judicial estoppel bars a plaintiff from proceeding with a cause of action in state court where the plaintiff fails to disclose the action as an asset in a bankruptcy petition.
Banks are still making loansBy Lewis F. MatuszewichCommercial Banking, Collections, and Bankruptcy, February 2012Utilizing the United States Small Business Administration loan programs, in the fiscal year running from October 1, 2010 through September 30, 2011, 222 different lenders had SBA loans approved for business within Illinois.
Be a woman with a planBy Cristy Tackett-HuntWomen and the Law, March 2012It’s the perfect time to start the estate planning process, regardless of where you are in your life.
Beloved pets—The oft-overlooked legal quagmireBy Jennifer A. ShawAnimal Law, October 2012As practitioners we must affirmatively meet our obligation to ensure that our clients’ animal needs are being met in the advice we give and the legal documents we prepare.
Beloved pets—The oft-overlooked legal quagmireBy Jennifer A. ShawFamily Law, September 2012As practitioners we must affirmatively meet our obligation to ensure that our clients’ animal needs are being met in the advice we give and the legal documents we prepare.
The best compliment I ever receivedBy Heather PfefferYoung Lawyers Division, August 2012The author reminds that being a good litigator and being a nice person are not mutually exclusive.
Beware: Damages for pursuing baseless claim constructionBy Brian R. MichalekIntellectual Property, March 2012The Court of Appeals for the Federal Circuit affirmed a District Court's award of $4.6 million in attorney's fees and expert fees based on Plaintiff MarcTec's frivolous litigation. The Federal Circuit found MarcTec's assertion of infringement baseless given its untenable initial claim construction position and untestable expert theory. MarcTec's pursuit of infringement, even after the District Court's unfavorable claim construction order, further reflected its bad faith and ultimately resulted in the Court's affirmation of attorney and expert fees.
Beyond the verdict III: Jurors pick parts of trialBy Hon. James VargaBench and Bar, January 2012In this third installment of the insightful series that aims to understand jurors and their thoughts, jurors in this study were asked to identify the most influential part of a jury trial. The results may come as a surprise to some.
Biofuel tax breaks—To be or not to be?By Jeffrey A. MolletAgricultural Law, April 2012The Senate Finance Committee subcommittee has been debating how (or perhaps whether) to extend the now expired and/or expiring alternative fuel federal tax incentives.
Boo hoo! Nothing to do!By Earle MalkinSenior Lawyers, June 2012Some thoughts on what makes a successful retirement.
Book review: Made to Stick. Why Some Ideas Survive and Others DieBy Janice L. BobackWomen and the Law, June 2012As lawyers, the ability to sell is important. We work as salesmen when we try to retain clients or when we try to encourage a judge to “buy” our argument.
Built like a tankBy Nerino J. PetroLegal Technology, Standing Committee on, September 2012If you are looking for a backup drive to protect your data against theft, natural or manmade disasters, the ioSafe Solo or SoloPRO drives is a great option.
Cameras in the Courtroom Pilot ProjectBy Marron MahoneyFederal Civil Practice, December 2012It has yet to go viral on YouTube, but the first video of a federal court proceeding in Chicago is now available for viewing on the U.S. District Court for the Northern District of Illinois’ Web site.
Can a statutory jury instruction (60.01) include a driver’s license restriction?By John B. KincaidCivil Practice and Procedure, January 2012To include a statutory instruction in 60.01, the statute must be intended to protect against the type of injury in question and there must be a causal connection to the statute and the injured party must be within the class of protected persons.
Can public bodies claim records are “Outside the scope” of a FOIA request?By John RedlingshaferLocal Government Law, June 2012A discussion of the Attorney General’s Public Access Counselor's binding opinion 12-009, which makes clear that “a public body is not authorized to redact information from responsive records which it considers to be ‘outside the scope’ of the FOIA request.”
Can we e-file a notice of appealBy John B. KincaidCivil Practice and Procedure, July 2012On April 16, 2012, the Second District in VC&M, LTD v. Andrews, held that an e-filed notice of appeal from DuPage County was ineffective to confer jurisdiction upon the Appellate Court.
Can’t we all play nice?By Tiffany AlexanderFamily Law, April 2012Just like a college basketball team can play a clean game without fouling, it is possible to adequately represent a client without resorting to unprofessional tactics against your opponent.
CASA: Helping the courts and neglected minorsBy Stefanie L. CooleyChild Law, September 2012The Court Appointed Special Advocates program promotes stability for foster care children and limits the costs associated with the length of time a child spends in foster care as well as state-funded legal counsel through increased communication between the children and the courts.
CASA: Stability savesBy Stefanie L. CooleyChild Law, December 2012CASA is an organization of volunteer advocates appointed by the court to advocate for an individual child in the foster care system. Appointment of a CASA volunteer not only provides more comfort and a feeling of empowerment in each foster child by giving them a voice, it also decreases the length of time a child stays in foster care.
Case briefsBy Taryn Vaughan, Madalyn Phillips, & Casey HarterAlternative Dispute Resolution, November 2012Recent cases of interest to ADR practitioners.
Case briefsBy Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van DreelAlternative Dispute Resolution, October 2012Recent cases of interest to ADR practitioners.
Case briefsBy Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van DreelAlternative Dispute Resolution, May 2012Recent cases of interest to ADR practitioners.
Case briefsBy Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van DreelAlternative Dispute Resolution, April 2012Recent cases of interest to ADR practitioners.
Case briefsBy Casey Harter, Em Rademaker, Meghan Steinbeiss, Madeline Moton, Madalyn Phillips, & Shauntal Van DreelAlternative Dispute Resolution, February 2012Recent cases of interest to ADR practitioners.
Case briefsBy Madalyn Phillips, Meghan Steinbeiss, & Casey HarterAlternative Dispute Resolution, January 2012Recent cases of interest to ADR practitioners.
Case law summariesBy Danya A. Grunyk, Hilary A. Sefton, Victoria C. Kelly, & Leah D. SetzenChild Law, June 2012Recent cases of interest to child law attorneys.
Case law summariesBy Hon. Edward J. SchoenbaumAdministrative Law, January 2012Recent cases of interest to administrative law practitioners.