Contract litigation expense insuranceBy Kenneth T. TegliaInsurance Law, March 2013When it comes to initiating litigation to settle written contract disputes, one major reason businesses and individuals have been reticent to do so is the specter of losing and being ordered by a court to pay the victorious attorney fees.
Conveying farmland subject to CRP contractsBy Gary R. GehlbachTrusts and Estates, September 2013Farms that include land subject to one or more Conservation Reserve Program contracts are routinely bought and sold. Accompanying this article is a form that the author routinely uses, with appropriate modifications depending on the transaction, for the assignment of a CRP contract.
The cost of arbitrationBy Hon. Michael S. JordanAlternative Dispute Resolution, October 2013Any experienced advocate or arbitrator knows that increasing costs are difficult to sell to the parties and the public so a challenge exists to think out of the box to manage the costs.
Costs: an imbroglio for trial courts and practitionersBy Patrick M. KinnallyCivil Practice and Procedure, May 2013What constitutes an allowable "cost" is not subject to any bright line test. In large part, this uncertainty stems from Illinois cost statutes that do not say what "costs" are recoverable.
Court enjoins enforcement of the Cook County Non-Titled Personal Property Use TaxBy Carolyn SprinchornState and Local Taxation, August 2013Following a hearing on July 24, 2013, Judge Lopez Cepero issued a Preliminary Injunction Order on August 1, 2013, finding that the plaintiffs had demonstrated, to a legally sufficient degree for purposes of enjoining the tax, that the Non-Titled Personal Property Tax is unlawful.
Court upholds use of absent witness’ discovery depositionBy Robert T. ParkCivil Practice and Procedure, November 2013In the recent decision of Calloway v. Bovis, the appellate court upheld jury awards totaling nearly $10 million dollars against a construction manager in a case arising from a trench collapse that killed a father and seriously injured his son
Cross-collateralization clauses in real estate mortgages must comply with the Illinois Conveyances ActBy Timothy J. HowardConstruction Law, March 2013In the case of Peoples National Bank, N.A. v. Jones, the district court held that a mortgage containing a general non-specific cross-collateralization clause did not secure any debt other than the balance due on the note specifically described in the mortgage.
Cross-collateralization clauses in real estate mortgages reduxBy Timothy J. HowardConstruction Law, June 2013The recent Seventh Circuit court decision of Peoples National Bank v. Banterra Bank will change the use of junior mortgages in commercial real estate lending.
CrowdfundingBy Cory WhiteBusiness and Securities Law, May 2013The act of generating capital through very small contributions coming from the general public may implicate federal and state securities law concerns.
CRP payments subject to self-employment taxBy Gary R. GehlbachAgricultural Law, September 2013On June 18, 2013, the United States Tax Court issued a decision finding that payments received under the U.S. Department of Agriculture Conservation Reserve Program (CRP) are includable in a taxpayer’s self-employment income, ruling that the taxpayer was engaged in a trade or business and that a nexus existed between his trade or business and the CRP payments he received.
CRP payments subject to self-employment taxBy Gary R. GehlbachTrusts and Estates, August 2013On June 18, 2013, the United States Tax Court issued a decision finding that payments received under the U.S. Department of Agriculture Conservation Reserve Program (CRP) are includable in a taxpayer’s self-employment income, ruling that the taxpayer was engaged in a trade or business and that a nexus existed between his trade or business and the CRP payments he received.
Custodial parent entitled to percentage of lump-sum workers’ compensation settlement as child supportWorkers’ Compensation Law, August 2013The question on appeal to the Illinois Supreme Court was “whether the Trials Courts have discretion, in awarding child support, to apportion a [workers’] compensation settlement that is intended, by its terms, as a life-time disability award to equitably meet all parties’ needs.”
Cypress Creek decision legislatively reversedBy Paul PetersonCommercial Banking, Collections, and Bankruptcy, July 2013When all is said and done, it is likely that after PA 97-1165 (signed February 11th of this year), construction lenders will be more cautious in their construction lending and will charge an increased interest rate to cover the increased risk of additional mechanics lien losses in Illinois.
Cypress Creek decision legislatively reversedBy Paul PetersonConstruction Law, May 2013The practical effect of PA 97-1165 is that lien claimants will be paid their contract amount on most completed jobs whether or not they have priority over the construction lender.
The dangers corporations face with assignments of intent-to-use trademark applicationsBy Robert A. CohenCorporate Law Departments, December 2013The Lanham Act has very strict rules concerning the assignment of intent-to-use trademark applications. A recent precedential TTAB decision confirms that these rules apply to assignments between independent companies, as well as parent-subsidiary families.
DC Circuit strikes down NLRB notice ruleBy Gerard A. McInnisLabor and Employment Law, May 2013The United States Court of Appeals for the District of Columbia Circuit has struck down the NLRB’s rule requiring all employers covered by the National Labor Relations Act to post a notice informing employees of their rights under the Act.
Defendant bank not liable for permitting judgment debtor to transfer over $700,000 from accountsBy Paul B. PorvaznikCommercial Banking, Collections, and Bankruptcy, December 2013Mendez v. Republic Bank, a Seventh Circuit case, examines whether a bank that unfreezes the wrong bank accounts (and allows a judgment debtor to transfer hundreds of thousands of dollars) can be liable to the judgment creditor for violating a citation’s restraining provisions.
Designating an attorney as a FRCP 30(b)(6) or Ill.S.Ct. Rule 206(a)(1) deposition witnessBy R. Stephen Scott & Pamela E. HartFederal Civil Practice, March 2013There appears to not be a bright-line rule to designate an attorney to serve as the 30(b)(6) witness for a corporation. It is a case-by-case analysis, with preference given to knowledgeable corporate executives to protect the attorney-client privilege.
Designating an attorney as a FRCP 30(b)(6) or Ill.S.Ct. Rule 206(a)(1) deposition witnessBy R. Stephen Scott & Pamela E. HartCorporate Law Departments, February 2013There appears to not be a bright-line rule to designate an attorney to serve as the 30(b)(6) witness for a corporation. It is a case-by-case analysis, with preference given to knowledgeable corporate executives to protect the attorney-client privilege.
Determining whether “shall” means shallBy John C. Robison, Jr.Bench and Bar, August 2013In the recent case of People v. Ousley and in a prior case, People v. Robinson, the Illinois Supreme Court has repeatedly clarified the analytical framework within which to determine the meaning of “shall” in a particular statute and whether there is a consequence for a failure of a governmental official to fulfill an obligatory duty.
Determining whether “shall” means shallBy John C. Robison, Jr.Mineral Law, May 2013In the recent case of People v. Ousley and in a prior case, People v. Robinson, the Illinois Supreme Court has repeatedly clarified the analytical framework within which to determine the meaning of “shall” in a particular statute and whether there is a consequence for a failure of a governmental official to fulfill an obligatory duty.
Diaz: Something old, something new in mental-mental casesBy Robert J. FinleyWorkers’ Compensation Law, October 2013Diaz v. Ill. Workers Compensation Comm’n gives practitioners a chance to revisit the necessary proofs in “mental-mental” injury cases, i.e., psychological disability without physical injury.
