Section Newsletters

Articles From 2013

U.S. Supreme Court requires “but for” causation standard in Title VII retaliation claims By Jon D. Hoag Labor and Employment Law, September 2013 The U.S. Supreme Court’s recent ruling in University of Texas Southwestern Medical Center v. Nassar, that employees must establish retaliation is the “but-for” cause and not simply a “motivating factor” of the adverse action, is a victory for employers.
Useful tech gadget By Don Mateer Senior Lawyers, October 2013 A recommendation from author Don Mateer.
Using an ESOP as a possible exit strategy for privately owned businesses By Anthony J. Jacob Business and Securities Law, February 2013 Selling some or all of a privately held company to an ESOP offers significant tax incentives not available in traditional sales transactions.
Using avvo By Nicole Sartori Law Office Management and Economics, Standing Committee on, November 2013 Avvo.com is a Web site for the general public to search for lawyers in their respective fields and physical locations or to post questions regarding a particular legal topic.
VAP—Standing to challenge By David House Child Law, December 2013 The Illinois Supreme Court will decide this term whether the State has standing to file a motion to declare the nonexistence of a parent child relationship.
A view from the bench By William R. Gallagher Workers’ Compensation Law, October 2013 Arbitrator William Gallagher shares his insights.
A view from the Chair By Mary F. Petruchius Women and the Law, December 2013 A message from Committee Chair Mary Petruchius.
A view from the Chair By Mary F. Petruchius Women and the Law, October 2013 A message from Committee Chair Mary Petruchius.
A view from the Chair By Mary F. Petruchius Women and the Law, August 2013 A message from Committee Chair Mary Petruchius.
View from the Chair By Don Mateer Senior Lawyers, February 2013 A review of the book, The Joy of Not Working, A book for the retired, unemployed and overworked, by Ernie J. Zelinski
Volunteer opportunities at the City of Chicago Law Department draw a highly experienced labor and employment lawyer By Eileen M. Geary Government Lawyers, June 2013 Learn more about Dick Schnadig, who works as a volunteer attorney in the Labor Division of Chicago's Law Department.
Waiving Special Exceptions 2 (a) and (b) is not always appropriate By Christine Sparks Real Estate Law, April 2013 This article addresses not waiving 2 (a) and (b) when there has been work done on the property or when work that has not been performed has already been contracted for.
A warning on the antitrust risks in private equity collaboration By Thomas F. Bush June 2013 A recent decision by a federal district court in Boston, however, demonstrates how easily even well-advised firms can stumble and end up facing a substantial claim of an antitrust violation.
Warrantless blood draws discussed by U.S. Supreme Court By Ava George Stewart Traffic Laws and Courts, June 2013 The case of Missouri v. McNeeley now puts the government on notice that where there is a blood draw, without a warrant, the government should be prepared to lay out the reasoning to support the exigent circumstances exception to the Fourth Amendment.
W.B. Olson v. Illinois Workers’ Compensation Commission: The appellate court once again relies on the dictionary for interpretation of the Workers’ Compensation Act By Joseph K. Guyette Workers’ Compensation Law, January 2013 Rather than settling the law on a confusing issue, this case is likely to cause further confusion and litigation regarding a petitioner’s ability to return to work.
Webinar opportunity: After the Fiscal Cliff – Roller Coaster or Merry Go Round? By Tracy S. Dalton Trusts and Estates, January 2013 Following a hectic time in Washington, Congress passed the “American Taxpayer Relief Act” on January 1, 2013. The Act prevents many of the tax increases that were scheduled to go into effect this year and retains many favorable tax breaks that were scheduled to expire. The Act also increases income taxes for certain high-income individuals as well as makes changes to the transfer tax system. The question remains as to whether or not major fiscal issues have been resolved since the Act extends sequestration until March 1st.
What a difference a year makes for same-sex couples in Illinois By Shannon M. Shepherd Human and Civil Rights, December 2013 Governor Quinn signed the “Religious Freedom and Marriage Fairness Act” on November 20, 2013, ending much speculation and confusion regarding Civil Unions and same-sex marriage in Illinois.
What are “allowable costs” in trial practice—2013 By Patrick M. Kinnally Civil Practice and Procedure, May 2013 In his article published over a decade ago (and reprinted in this issue), the author argued that our trial judges and trial lawyers needed a rule that actually reflected what costs were allowable in trials and summary judgment motions litigation in state court. The currency of that argument abides today.
What are we doing here? By Dan Breen & Thomas Schick Law Office Management and Economics, Standing Committee on, June 2013 How does the business of law appear through the eyes of a Marquette undergrad and would-be law student? And how does that compare to a more seasoned attorney?
What business owners and attorneys need to know about the Firearm Concealed Carry Act By Frank J. Del Barto Business Advice and Financial Planning, September 2013 An overview of the Firearm Concealed Carry Act and its implications for employers and business owners.
1 comment (Most recent September 19, 2013)
What do the Supreme Court decisions on same-sex marriage mean for Illinois? By Charles F. Newlin Trusts and Estates, July 2013 On Wednesday, June 26, 2013, the U.S. Supreme Court handed two anxiously awaited decisions. These two rulings on same-sex marriage have been widely discussed in national and local media. But what is there impact for Illinois residents?
What is remarkable for estate planners about the Windsor Supreme Court decision? By Richard A. Sugar Trusts and Estates, August 2013 In a momentous decision issued on June 26, 2013, the United States Supreme Court in U.S. v. Windsor issued its first substantive decision on the controversial subject of same-sex marriage.
What proceedings in state court are permitted when the dispute is governed by a valid arbitration clause: Recent Illinois cases say hands off until the arbitration award is final By J. Timothy Eaton Civil Practice and Procedure, April 2013 Recent cases demonstrate that the courts give great deference to the parties’ written agreement regarding the arbitration process, and the courts will not insert themselves into the arbitration process until a final award is entered pursuant to the parties’ agreement.
What’s “plausible” in the post-Twombly and Iqbal world? A review of recent Seventh Circuit decisions By Jo Anna Pollock Federal Civil Practice, March 2013 A review of recent Seventh Circuit cases that have interpreted Twombly and Iqbal, and a look at how both plaintiffs and defendants should characterize a plaintiff’s complaint when arguing whether a plaintiff failed to state a claim pursuant to Federal Rules of Civil Procedure, Rule 12(b)(6).
When dispositive motions are not served on counsel of record but that counsel had failed to obtain leave of court to appear—What happens? By Robert Handley Bench and Bar, January 2013 The moral of this J.P. Morgan v. Straus is to always seek leave to file your appearance after 30 days from the date of service have elapsed.
When is a spouse really a spouse? By Burton A. Gross Human and Civil Rights, October 2013 We all know that the meaning of the word “spouse” is evolving, and that evolution is occurring today at warp speed.
When is a surety not a surety: Clearing up the confusion of self-issued replevin bonds By Stephen J. Butler Commercial Banking, Collections, and Bankruptcy, July 2013 This article will first give a brief overview of actions in replevin without notice, and will then argue that a plaintiff may validly issue its own replevin bond.
When to file a probate claim By Philip E. Koenig Trusts and Estates, May 2013 In Water Tower Nursing v. Estate of Weil, the First District Court of Appeals affirmed that merely mailing a copy of a claim to the court or the representative of an estate does not necessarily constitute timely filing.
1 comment (Most recent May 15, 2013)
Where have all the grandmas gone? Standing of grandparents seeking custody under the IMDMA By Marilyn Longwell & Aurelija Juska Family Law, October 2013 Under House Bill 1452—currently under consideration in the state legislature— the entirety of Section 601 of the IMDMA is repealed and the sections replacing it appear to make no provision whatever under which grandparents can seek custody of their grandchildren.
Where’s the beef? The FTC 2013 report on debt buyers contains zero evidence of debt collection abuses By Tomio B. Narita Commercial Banking, Collections, and Bankruptcy, February 2013 The FTC recently released its 162-page report titled “The Structure and Practices of the Debt Buying Industry.”