Section Newsletters

Articles From 2013

Pay equality for women attorneys: The ABA Toolkit for Gender Equity in Partner Compensation By Julie A. Neubauer Women and the Law, August 2013 The time is now to implement policies and practices for attorney compensation that will encourage the women coming into the professions and young women lawyers working in firms today to stay the course and rise to the level of leadership alongside our male counterparts.
The pension conundrum delivers even more constitutionality issues as legislators are denied their pay By Tiffany Elking Government Lawyers, September 2013 On July 10, 2013, Governor Quinn used his line-item veto power on an appropriations bill, House Bill 214, to eliminate General Assembly members’ salaries, effectively vetoing legislator’s paychecks, until a pension reform bill is signed into law. In response, Senate President John Cullerton and House Speaker Michael Madigan have filed a joint lawsuit against Governor Quinn, challenging the constitutionality of his line-item veto.
Peoria, Illinois trial court rejects Sperl-based claim that a motor carrier & driver were the “agents” of broker C.H. Robinson on a Robinson-brokered load By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2013 This trial court decision is a well-reasoned decision that stands out as a case where plaintiff efforts to impose liability on a broker or shipper for carrier negligence/ misconduct were not successful.
Person as a whole vs. 8(d)(1) wage differential, a Rule 23 decision By Richard D. Hannigan Workers’ Compensation Law, January 2013 In Illinois Tool Works v. Illinois Workers’ Compensation Commission, filed January 3, 2012, the claimant injured his low back on March 21, 2003 and underwent a lumbar diskectomy at L4-5 on March 22, 2004.
Personal representatives and special administrators in tort claims: There is a difference By Patrick M. Kinnally Civil Practice and Procedure, December 2013 Should civil procedure rules should bar prima facie claims where a party dies in the tempest of a garden-variety personal injury claim? Or, frankly, what is the difference between a “special administrator” and a “personal representative”?
2 comments (Most recent December 23, 2013)
Pet Lemon Law By Angela Peters Animal Law, August 2013 This new law provides consumer protections when purchasing cats and dogs from a pet store. It helps to ensure pet owners are provided with healthy pets upon purchase. If a licensed veterinarian determines an animal ‘unfit’ within 21 days of purchase, a buyer would have the option to get a replacement pet, a full refund on the animal, or be reimbursed by the pet store for veterinary fees.
Pet provisions in marital settlement agreements By Angela Peters Family Law, November 2013 A helpful guide to drafting pet agreements.
1 comment (Most recent November 27, 2013)
Photos Young Lawyers Division, August 2013 Put faces to names with these pictures of the YLD Section Council.
1 comment (Most recent August 9, 2013)
Pielet v. Pielet: The Supreme Court speaks on successor liability and survival of remedy against a dissolved corporation By Charles W. Murdock Business and Securities Law, November 2013 A summary of the recent case of Pielet v. Pielet.
Pipe-fitter fits the role of a traveling employee By Catherine Krenz Doan Workers’ Compensation Law, January 2013 A summary of Venture-Newberg Perini Stone and Webster v. Illinois Workers’ Compensation Commission.
Plaintiff’s covenant moots counterclaim of trademark invalidity By Eric R. Waltmire Intellectual Property, March 2013 Already LLC v. Nike Inc., deals with whether a plaintiff trademark holder can easily moot a case when a defendant challenges the validity of the trademark and what impact the mooting will have on the plaintiff’s trademark rights.
Please check your guns at the door: Employer rights under the Illinois Firearm Concealed Carry Act By Richard A. Russo Labor and Employment Law, August 2013 The Act provides those employers not included on the list of prohibited areas with the flexibility to determine whether or not they wish to permit employees and visitors with concealed carry licenses to carry concealed firearms in the workplace.
The point-and-click puppy problem—a proposed federal rule would address online puppy mills (Part II) By Page Pardo Animal Law, January 2013 (Editor’s Note: This is Part II of a two-part series. Part I ran in Vol. 4, No. 2, the October, 2012 Newsletter. Additionally, this article is part of a point / counterpoint discussion. See, contra, the following article by Laura McFarland-Taylor).
Post-majority support for education in Illinois By Jennifer Wood Child Law, August 2013 While support for college expenses is regularly included in a Judgment for Dissolution, Illinois case law is inconsistent regarding the correct measure of a parent’s financial obligations.
Pour me another trust By Heather McPherson Elder Law, November 2013 Decanting is a great tool for practitioners to use in one’s estate, trust, and elder law practice, because it allows trusts that could otherwise not be changed to be rewritten to adjust to changed circumstances, as well as for corrections to trusts that were poorly drafted.
Powers of attorney: Protecting your clients now and in the future By Paul A. Meints Trusts and Estates, June 2013 The author offers a clause for "non-statutory" power of attorney.
Practical solutions for handling association issues when a condominium unit owner is in distress By Erica Crohn Minchella Real Estate Law, February 2013 When you are representing a homeowner of a condominium or townhome, the issues of the association should be considered as being on the same side, not in opposition, to that of the homeowner.
1 comment (Most recent February 25, 2013)
Practice alert: Consideration issues in covenants not to compete under Fifield v. Premier Dealer Services By Mary Anne Spellman Gerstner General Practice, Solo, and Small Firm, October 2013 In Fifield, decided on June 24, 2013, the First District Appellate Court found that adequate consideration for a non-solicitation and non-competition agreement signed by an at-will employee required continuous employment for at least two years after the agreement was signed.
Practice tip for locating possible VA insurance benefits By Jeffrey A. Mollet Trusts and Estates, February 2013 If you have a decedent’s name and social security number, you can see if that individual had VA insurance.
Practice tip for locating possible VA insurance benefits Agricultural Law, February 2013 If you have a decedent’s name and social security number, you can see if that individual had VA insurance.
Practice tip: Attention to detail—A shift in response requirements for requests to admit By Jay Schultz Administrative Law, February 2013 In Oelze v. Score Sports Venture, the court determined that asserting a lack of information or knowledge via boilerplate responses to requests to admit will not suffice.
Practice tip: Attention to detail—A shift in response requirements for requests to admit By Jay Schultz General Practice, Solo, and Small Firm, January 2013 In Oelze v. Score Sports Venture, the court determined that asserting a lack of information or knowledge via boilerplate responses to requests to admit will not suffice.
1 comment (Most recent February 3, 2013)
Practice Tip—Dealing with beneficiary election in your trusts By Paul A. Meints & Darrell Dies Trusts and Estates, November 2013 Some helpful language that an estate planner might utilize in the client’s inter vivos trust instrument to attempt to deal with the doctrine of election.
Practice tip—Estate tax return audits By Paul A. Meints Trusts and Estates, April 2013 According to the “2012 Internal Revenue Service Data Book” issued March 25, 2013, the IRS scrutinized estate tax returns more than any category of individual tax returns in tax year 2011 at close to a 30 percent rate of examination.
Practice tip—How to plan for digital assets By Frank M. Greenfield Trusts and Estates, August 2013 Financial and personal data stored online has value and should be included as a component of the estate planning process.
Practice Tip—Review your clients’ Medicare supplement policies By James T. Nyeste Trusts and Estates, November 2013 The author advises that practitioners with elderly clients should get a copy of the client's Medicare supplement policy, since it's possible that the client has a legacy Medicare supplement policy that provides extended coverage.
Predicting IRS guidance after U.S. v. Windsor By James Creech Federal Taxation, August 2013 After Windsor, federal agencies must consider state law definitions of marriage when determining if granting benefits is appropriate.
Prenatal drug use: Functionalistic vs. formalistic approaches By Heather A. Abell Women and the Law, June 2013 Will a mother’s prenatal drug use result in a finding of child abuse or neglect once the fetus is born?
Prior consistent statements in trial practice: Can you use them? By Patrick M. Kinnally Civil Practice and Procedure, November 2013 Our judges and juries are smart enough to figure out that the mere repetition of what a witness thinks is true, even on a repetitive basis, does not make it so.
Prior stipulation by employer dooms its jurisdictional argument By Cameron B. Clark Workers’ Compensation Law, January 2013 In Ingrassia Interior Elements v. Illinois Workers’ Compensation Commission, the claimant filed a Petition for Review of the Arbitrator’s decision denying his claim pursuant to the Act.