Penalties for delay in authorization for medical treatment? No dice. A respondent’s perspectiveBy Shuaib AhmedWorkers’ Compensation Law, July 2012In Hollywood Casino v. IWCC, the Appellate Court affirmed the Circuit Court and upheld that there is no legal basis for assessing penalties and fees against the employer for delay in authorization and/or pre-authorization of medical treatment.
Pending legislation affecting animal lawBy Melissa Anne MayeAnimal Law, January 2012Bills that became effective on the first of this year, of interest to those who practice animal law.
People v. Barwan, et alBy David B. FranksTraffic Laws and Courts, March 2012Three unrelated cases, involving the same issue, were consolidated for decision. Each of three defendants were charged by indictment with driving under the influence of alcohol.
People v. Kladis and the Illinois Supreme Court’s treatment of evidence spoliation by law enforcementBy Mark T. VazquezTraffic Laws and Courts, December 2012Evidence spoliation stands as a significant obstacle to the truth-seeking function of the courts. The Kladis opinion addressed these concerns and recognizes that trial judges should have significant freedom to impose sanctions to deter such spoliation when it occurs.
People v. Kladis and the Illinois Supreme Court’s treatment of evidence spoliation by law enforcementBy Mark T. VazquezCriminal Justice, August 2012Evidence spoliation stands as a significant obstacle to the truth-seeking function of the courts. The Kladis opinion addressed these concerns and recognizes that trial judges should have significant freedom to impose sanctions to deter such spoliation when it occurs.
People v. PriceBy David B. FranksTraffic Laws and Courts, March 2012The arresting officer’s testimony regarding the size of the air freshener, how it swayed back and forth, and that it would have obstructed defendant’s view based on defendant’s sitting position, provided the arresting officer reasonable suspicion, based on a material obstruction, to justify the arresting officer stopping defendant’s vehicle.
People v. SmulikBy David B. FranksTraffic Laws and Courts, May 2012The Appellate Court concluded that the anonymous tip in the matter at bar lacked predictive value. The Appellate Court concluded that the informant did not predict anything; the informant merely reported contemporaneous observations as to the description and location of a vehicle she was following.
PhotosWomen and the Law, June 2012Photos from the Women and The Law's April 26th program.
Piercing the corporate veil in Illinois: A tool for lendersBy Michael L. WeissmanCommercial Banking, Collections, and Bankruptcy, September 2012In Wachovia Securities, LLC v. Banco Panamericano, the Seventh Circuit Court of Appeals considered what must be established under Illinois law to impose liability on corporate insiders for indebtedness incurred by the corporation.
Piercing the corporate veil; When?By Rich LarsonCommercial Banking, Collections, and Bankruptcy, July 2012It seems clear, under Illinois law, that corporate veil piercing is not permitted in supplementary proceedings, and if the federal courts are to follow the rule, there should be no veil piercing in federal supplementary proceedings based upon Illinois law either.
Piercing the FTAIA’s veil after Minn-ChemBy Amit BindraAugust 2012The Seventh Circuit’s decision in Minn-ChemInc. v. Agrium Inc. offers several implications for antitrust practitioners.
Plaintiff’s challenge to employer’s light duty policy failsBy Michael R. LiedLabor and Employment Law, June 2012Serednyj v. Beverly Healthcare, LLC, 656 F.3d 540 (7th Cir. 2011), involved claims of gender discrimination under Title VII, The Pregnancy Discrimination Act, (“PDA”), disability discrimination under the Americans with Disabilities Act (“ADA”), and retaliation.
Plaintiffs strike out in bids for remand in Class Action Fairness Act casesBy Michael R. LiedFederal Civil Practice, March 2012The Act creates federal diversity jurisdiction over certain class actions in which at least one member of the class is a citizen of a different state from any defendant. 28 U.S.C. § 1332(d)(2). The Act applies to any class action within the Act’s scope before or after the entry of a class certification order.
The point-and-click puppy problem—a proposed federal rule would address online puppy millsBy Page PardoAnimal Law, October 2012In Part 1 of a two-part series, the author investigates the USDA's Animal and Plant Health Inspection Service's proposed revisions to the definition of “retail pet store” in the federal regulations, which would close the loopholes that currently exempt "retail pet stores" from the basic animal welfare standards and requirements of the Animal Welfare Act.
Practice Trap: Electronic filing—Fear of Filing: Perils of the Information AgeBy Susan M. BrazasGeneral Practice, Solo, and Small Firm, July 2012Beware of traps for the unwary, whether filing electronically or in the more conventional ways. Be sure to check local court rules on circuit court and judicial circuit Web sites, and consult with attorneys who routinely practice in a given jurisdiction for a better understanding of local rules and procedures.
Pre-trial issues in complex litigation: Court’s perspectiveBy Hon. Barbara CrowderCivil Practice and Procedure, June 2012This article recognizes some issues that may face both lawyers and judges in complex litigation, and explores some ways that the complex case may be approached to lessen confusion and problems.
Predictions regarding the estate tax in 2013—Anyone?By Darrell DiesTrusts and Estates, December 2012As we all know, the 11th hour is approaching regarding estate and gift tax law and as of this writing, Congress has not yet enacted legislation to provide us with any certainty.
Preparing a will for a client with communication challengesBy Gerry W. BeyerTrusts and Estates, April 2012This article reviews a variety of communication challenges and recommends techniques to reduce the likelihood of these challenges playing a part in setting aside the testator’s will.
Presentation on the proposed amendments to the EU Data Privacy DirectiveBy Eric GoldmanIntellectual Property, September 2012The CONSENT project is a multi-year, multi-million dollar research project, funded by the European Union, to conduct empirical research on consumer privacy issues in Europe. Ultimately, the research findings should feed into the EU's evaluation of proposed amendments to the 1995 EU Data Privacy Directive. Eric Goldman summarizes and comments on the project participants' meeting in Romania.
A primer on motions to vacate in traffic casesBy Lisa L. DunnTraffic Laws and Courts, September 2012A properly pled §5/2-1401 petition to vacate can be a highly effective and expeditious means to “correct” your client’s actions from failing to appear in court and the resulting suspension of his driver’s license.
Pro bono spotlightFederal Taxation, November 2012Learn more about Andrew VanSingel and his work as Director of Prairie State Legal Services Low Income Tax Clinic.
Pro bono spotlightFederal Taxation, September 2012Learn more about David Marzahl, President and CEO of the Center for Economic Progress, who works to make a difference in the lives of low-income taxpayers.
The Pro Se Litigant: Small Claim Pro Se CourtBy Hon. E. Kenneth Wright, Jr.Bench and Bar, September 2012The Circuit Court’s Small Claims Pro Se Division serves the dual process of providing meaningful access to self-represented litigants, while also promoting judicial economy.
A pro se’s struggles in an e-business worldBy Hon. E. Kenneth Wright, Jr.Bench and Bar, May 2012One must keep in mind that the mere existence and dissemination of electronics and technology does not necessarily translate to the general population’s ability to use it.
