Illinois State Bar Association
  September 10 – 14, 2012   CLE and Practice News  

In this issue:

Daily Legal News | CLE | Illinois Courts | Federal Courts | Legislation
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Today’s Legal News

Chicago lawyer pleads guilty in NY in tax fraud
A Chicago lawyer pleaded guilty Thursday to criminal charges in a high-profile tax-shelter-fraud case, three months after having her conviction overturned.
Chicago Tribune

Judges to teach Constitutional history to students
To celebrate the 225th anniversary of the signing of the U.S. Constitution, the Illinois Judges Association is kicking off “Project 225,” a special program involving dozens of judges deliver 225 classroom presentations at high schools, including several in the Bloomington area.
Bloomington Pantagraph

Illinois couple sentenced for million-dollar fraud
The U.S. Department of Justice says a Will County couple has been sentenced to federal prison for stealing more than $1 million through an investment scheme.
Quad-Cities Online

Christopher Vaughn's sister-in-law takes the stand
Closing arguments in the Christopher Vaughn murder trial are expected next week, jurors learned Thursday as his defense team called Vaughn's sister-in-law to testify about a panic attack Vaughn's wife had in the months before she and the couple's children were slain.
Chicago Tribune

More Legal News…



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Deconstructing Delinquency
Get the information you need to oversee a juvenile delinquency case with this full-day seminar on September 28th in East Peoria!

CLE Calendar

TELESEMINAR: Options in Real Estate Transactions – Buying Time to Decide & Wait and See – A National Perspective
June 2 – Telephone

Hot Topics in Insurance Coverage - 2015
June 3 – Online Course

Sexual Harrassment Claims: Key Topics for Initial Client Interview
June 3 – Online Course

Cameras in the Courtroom
June 3 – Online Course

Full CLE Calendar…

James T. Nyeste - Insurance Coverage Lawyer
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Illinois Court Cases

Illinois Supreme Court


Municipalities 1st Dist.
Jackson v. The Board of Election Commissioners of the City of Chicago , 2012 IL 111928 (September 7, 2012) Cook Co. (KARMEIER) Appellate court reversed.

Illinois Appellate Court


Corporate Tax 1st Dist.
Marriott International v. Hamer , 2012 IL App (1st) 111406 (August 22, 2012) Cook Co., 3d Div. (NEVILLE) Reversed.


Bond 4th Dist.
People v. Devine, 2012 IL App (4th) 101028 (September 6, 2012) McLean Co. (McCULLOUGH) Affirmed in part as modified and vacated in part; remanded with directions.

Fines and Fees 4th Dist.
People v. Blalock, 2012 IL App (4th) 110041 (September 10, 2012) McLean Co. (McCULLOUGH) Affirmed in part as modified, vacated in part, and remanded with directions.

Ineffective Assistance of Counsel 4th Dist.
People v. Brock, 2012 IL App (4th) 100945 (September 7, 2012) Champaign Co. (McCULLOUGH) Affirmed.

Ineffective Assistance of Counsel 2d Dist.
People v. Dean, 2012 IL App (2d) 110505 (September 7, 2012) Lake Co. (JORGENSEN) Affirmed.

Statutory Summary Suspension 3d Dist.
People v. Clements , 2012 IL App (3d) 110213 (September 5, 2012) Whiteside Co. (WRIGHT) Reversed and remanded.

Federal Court Cases

7th Circuit


Americans with Disabilities Act
E.E.O.C. v. United Airlines, Inc., No. 11-1774 (September 7, 2012) N.D. Ill., E. Div. Reversed and remanded

Appellate Procedure
Senne v. Village of Palatine, No. 10-3243 (September 6, 2012) N.D. Ill., E. Div. Motion to stay issuance of mandate pending disposition of petition for writ of certiorari denied

Election Law
Center for Individual Freedom v. Madigan, No. 11-3693 (September 10, 2012) N.D. Ill., E. Div. Affirmed

Employment Discrimination
McReynolds v. Merrill Lynch & Co., No. 11-1957 (September 11, 2012) N.D. Ill., E. Div. Affirmed

First Amendment
Bell v. Chicago Police Chief Keating, No. 11-2408 (September 10, 2012) N.D. Ill., E. Div. Reversed and remanded

Income Tax
Brown v. Commissioner of Internal Revenue, No. 11-2508 (September 11, 2012) U.S. Tax Court Affirmed

School Law
Doe v. St. Francis School District, No. 12-1039 (September 10, 2012) E.D. Wisc. Affirmed

Social Security
Filus v. Astrue, No. 12-1164 (September 7, 2012) N.D. Ind., Ft. Wayne Div. Affirmed


U.S. v. Doyle, No. 11-3077 (September 11, 2012) S.D. Ill. Affirmed

Right to Counsel
U.S. v. Williams, Nos. 11-1002 & 11-1012 Cons. (September 11, 2012) N.D. Ill., W. Div. Affirmed

U.S. v. Robinson, No. 12-1391 (September 7, 2012) C.D. Ill Affirmed


Mechanics Lien Act
House Bill 3636
(Burke, D-Evergreen Park; Mulroe, D-Chicago) does three things in response to the LaSalle Bank National Association vs. Cypress Creek opinion. (1) Requires that the owner or interested person’s demand for suit to be commenced or answered within 30 days must contain this language in at least 10-point, boldface type: “Failure to respond to this notice within 30 days after receipt, as required by Section 34 of the Mechanics Lien Act, shall result in the forfeiture of the referenced lien.” (2) Defines a “lien creditor” as someone who does work or furnishes material under this Act. A lien creditor is preferred over other encumbrances except that previous encumbrances are preferred only to the extent of the value of the land at the time the contract was made for the improvements, and each lien creditor is preferred to the value of all later improvements regardless of whether the lien creditor provided those improvements. (3) If the sale proceeds are insufficient to satisfy claims of both prior encumbrances and lien creditors, the sale proceeds are to be distributed as follows. (a) Any previous encumbrance has a paramount lien in the portion of the proceeds attributable to the value of the land at the time of making of the contract for improvements. (b) Any lien creditors have a paramount lien in the portion of the proceeds attributable to all later improvements made to the property. (4) It has an immediate effective date. House Bill 3636 is in the House awaiting concurrence on Senate Amendment No. 2.
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Medical marijuana
House Bill 30
(Lang, D-Skokie) allows patients who suffer from a “debilitating medical condition” such as cancer, HIV/AIDS, or hepatitis C to use and possess small amounts of marijuana if approved by their regular physician. This three-year pilot project would make Illinois the 18th state to exempt from prosecution the use of cannabis for medical reasons. The Illinois Department of Public Health would regulate and oversee the program that allows a nonprofit dispensary to sell no more than 2.5 ounces of cannabis for a 14-day period to qualified patients. The number of dispensaries would be limited to no more than one in each of Illinois’ 59 Senate districts. It is in the House awaiting action.
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