Articles From 2012 | Illinois State Bar Association

The constitutionality of criminalizing cyberbullying By Lauren Roadman Alternative Dispute Resolution, November 2012 The growing problems of bullying and cyberbullying are forcing the government, as well as local communities, to look at ways to help solve these problems.

The Constitution’s 225th anniversary: An opportunity lost By Hon. Michael B. Hyman Bench and Bar, October 2012 The 225th anniversary of the signing of the U.S. Constitution should be a time to raise public awareness of constitutional rights, promote participatory democracy, and foster better appreciation of the document's key elements.

2 comments (Most recent October 22, 2012)

The Constitution’s 225th anniversary: An opportunity lost By Hon. Michael B. Hyman Administrative Law, October 2012 The 225th anniversary of the signing of the U.S. Constitution should be a time to raise public awareness of constitutional rights, promote participatory democracy, and foster better appreciation of the document's key elements.

Contract litigation expense insurance By Kenneth T. Teglia Intellectual Property, September 2012 Contract Litigation Insurance (CLI) allows individuals and businesses to insure a significant portion of the financial risk —having to pay the winners’ attorneys’ fees—that arises concomitantly with the initiation of contract dispute litigation. Plaintiffs and defendants can apply, even after the complaint is filed. Simpler than most other insurance, there is no complicated claims adjustment or issues interpreting coverage or exclusionary language—the court's official ruling activates policy coverage.

Contractor may delegate safety duty to subcontractor By Ghazal Sharifi Construction Law, December 2012 The recent case of Oshana v. FCL Builders, Inc. held that a contractor may now delegate the safety obligations contained in its contract to a subcontractor and thus avoid liability for any injuries to a subcontractor employee.

The contractual right to appeal mandatory arbitration awards by invoking the trial de novo provision in underinsured-motorist coverage By James V. Krejci Civil Practice and Procedure, June 2012 The recent case of Phoenix Insurance Company v. Rosen settled conflicting Illinois Appellate decisions regarding trial de novoprovisions.

1 comment (Most recent June 6, 2012)

Cook County juvenile detention reduction initiative By Hon. Michael P. Toomin & William R. Sullivan Bench and Bar, September 2012 Chief Judge Timothy C. Evans, of the Cook County Circuit Court, recently commended the judges of the Juvenile Justice Division for diverting 269 minors, who otherwise faced detention, into alternative community and faith-based programs designed to address individual problems and needs.

Cook County tobacco wholesalers succeed in limiting Cook County tobacco tax By Elinor Harter State and Local Taxation, August 2012 In Arangold Corporation v. Cook County, two local wholesale tobacco distributors were substantially successful in their action brought against the Cook County Department of Revenue challenging the constitutionality of the County’s broad expansion of the Cook County Tobacco Tax Ordinance.

Court disposes of nullity rule in Downtown Disposal Services, Inc. By J.A. Sebastian Administrative Law, December 2012 The Court pondered two significant questions in Downtown Disposal Services, Inc. v. City of Chicago: First, whether the corporation’s president engaged in the unauthorized practice of law when he filled in four blank pro se forms for administrative review. And second, whether the complaint for administrative review filed by a corporation’s president, on behalf of the corporation, is a nullity because the president engaged in the unauthorized practice of law and a corporation must be represented by counsel in legal proceedings.

Court invalidates a policy provision based on Wisconsin Limitations Statute By Robert T. Park Insurance Law, March 2012 The recent appellate decision in Country Preferred Ins. Co. v. Whitehead raised the question of when an insurance policy provision is invalid because it contravenes public policy.

Court not always required to make best interest finding in removal cases By Hon. Jeanne M. Reynolds Family Law, November 2012 Despite the statutory guidelines, can one parent effectively eliminate the court’s best interest review process in a removal case by contractually agreeing to do so?

Court properly entered injunction during unfair labor practice proceedings By Michael R. Lied Labor and Employment Law, March 2012 In the case of Lineback v. Irving Ready-Mix, Inc., the Seventh Circuit Court of Appeals decided a district court properly granted injunctive relief pending resolution of unfair labor practice charges with the National Labor Relations Board (“NLRB”).

Court strictly construes Medical Studies Act in memo written to Surgery Center Board By Mary Cunningham Women and the Law, October 2012 A summary of the recent case of Kopolovich v. Shah.

Covenants not to compete: Recent changes in the law By Sherry A. Mundorff Women and the Law, October 2012 In determining whether a covenant not to compete clause is valid the courts will look to a three-prong test. First, the limitation on the employee must be necessary to protect the legitimate interest of the practice. Second, the limitation would not impose a hardship on the practitioner signing the contract. Third, the scope of the limitation is reasonable.

Creditors’ rights against a member’s interest in an LLC By Charles W. Murdock Commercial Banking, Collections, and Bankruptcy, August 2012 Effective January 1, 2012, the Code of Civil Procedure was amended to add a new provision by which the remedy of a charging order could be obtained, inter alia, by serving a citation to discover assets, either on the judgment debtor or against any third party who possesses property belonging to the judgment debtor.

Creditors’ rights against a member’s interest in an LLC By Charles W. Murdock Trusts and Estates, June 2012 Effective January 1, 2012, the Code of Civil Procedure was amended to add a new provision by which the remedy of a charging order could be obtained, inter alia, by serving a citation to discover assets, either on the judgment debtor or against any third party who possesses property belonging to the judgment debtor.

Creditors’ rights against a member’s interest in an LLC By Charles W. Murdock Business and Securities Law, June 2012 Effective January 1, 2012, the Code of Civil Procedure was amended to add a new provision by which the remedy of a charging order could be obtained, inter alia, by serving a citation to discover assets, either on the judgment debtor or against any third party who possesses property belonging to the judgment debtor.

Crop insurance implication of aflatoxin in corn By Gary Schnitkey Agricultural Law, September 2012 If aflatoxin is suspected, the crop insurance agent should be contacted immediately. The agent will notify the insurance company who will arrange for independent testing for aflatoxin and the farmer must pay for the independent testing. Testing after placing grain in storage could result in invalidating claims for aflatoxin.

Cubanism: Cuba in commerce with the world By Joseph F. Locallo, Jr. International and Immigration Law, July 2012 Is Cuba what it now appears to be, a country relinquishing some of its ideals imbedded in Communism and Socialism in order to prosper in a new world economy?

Cubanism: Cuba in commerce with the world By Joseph F. Locallo, Jr. Corporate Law Departments, May 2012 Is Cuba what it now appears to be, a country relinquishing some of its ideals imbedded in Communism and Socialism in order to prosper in a new world economy?

The danger of Internet checks as part of a company’s hiring process By Peter LaSorsa Labor and Employment Law, February 2012 The latest endeavor by companies is to check Web sites like Facebook and Twitter to see what new information they can learn about prospective employees. Is this a good idea? Are there potential land mines that the company could step on?

Dartmouth College creates conflict resolution program to address campus conflict By Madalyn Phillips Alternative Dispute Resolution, October 2012 This new program will mediate conflicts such as hazing, roommate issues, uncomfortable sexual events and other disturbances, but will not be able to undertake any cases where a student actually violated the law.

The debate is on: Is the Federal Judicial Center’s patent tutorial video too pro-plaintiff? By John D. Gilleland Intellectual Property, March 2012 Mock jury research at TrialGraphix qualitatively measured jurors’ top impressions after watching the Federal Jury Center’s patent tutorial video concludes that the video strongly improves juror’s understanding of patents, increases their awareness that patents can be invalidated, may have a slight pro-plaintiff/patentee bias, but significantly also educates jurors on key defense principles.

Deconstructing condominiums and reinventing communities By Nancy Hyzer Real Estate Law, May 2012 Post-2008, condominium ownership was especially hard hit by the housing market decline due to a number of factors the result of which led to abandoned foreclosed units, associations facing bankruptcy, and sellers searching for buyers and buyers looking for loans.

Defending the claim for an odd-lot permanent total disability By Richard D. Hannigan Workers’ Compensation Law, July 2012 In the case of Professional Transportation v. Illinois Workers’ Compensation Commission, the Commission awarded the injured worker permanent total disability benefits based upon the odd-lot theory.

The demands of a jury demand By Travis J. Ketterman Federal Civil Practice, March 2012 While the right to a jury trial is deemed a fundamental right, the right is not self-enforcing. Thus, a party seeking a jury trial—even a party with a cause of action that entitles the party to a jury—must affirmatively demand a jury trial. Rule 38(b) dictates the jury demand requirements.

Department of the Treasury 2012-2013 Priority Guidance Plan Trusts and Estates, December 2012 The Department of the Treasury has released its 2012-2013 Priority Guidance Plan.

Deposition advocacy: A step too far? By David W. Inlander & Deborah Jo Soehlig Bench and Bar, May 2012 If a judge is presented with a request for the admission of a discovery deposition in which conduct occurred which would be prohibited at trial, such as taking a break while a question was pending, or lengthy breaks with counsel followed by variances in testimony, what is the judge to do?

Developing an in-house CLE program By Ryan Gammelgard Corporate Law Departments, November 2012 This article provides a basic overview of the requirements for developing an in-house CLE program.