Section Newsletters

Articles on Case Summaries

Cases of interest… The Emanuel decisions and a recent unfair labor practice decision By J.A. Sebastian Administrative Law, March 2011 Summaries of the recent cases of Maksym v. Board of Election Commissioners of the City of Chicago and Pace Suburban Bus Division of the Regional Transportation Authority d/b/a Pace Northwest Division v. Illinois Labor Relations Bd., State Panel, and Urszula T. Panikowski.
Case summaries By Hon. Edward J. Schoenbaum Administrative Law, January 2011 Recent cases of interest to the administrative law practitioner.
Case law update Government Lawyers, December 2002 The circuit court did not err when it denied defendant's motion to transfer venue in a mandamus action seeking to compel defendant agency to comply with the provisions of the Administrative Procedure Act with regard to a union complaint that "the hospital had failed to comply with the conditions of its construction permit relating to local union issues."
Pediatric Surgical Assoc., P.C. v. Commissioner of Internal Revenue creates potential tax problems for professional corporations By Robyn Halsey Business and Securities Law, December 2002 On April 2, 2002, the United States Tax Court handed down its decision in Pediatric Surgical Assoc., P.C. v. Commissioner, Docket No. 12743-28, T.C.
People v. Davis By Marina Para Criminal Justice, December 2002 In July 1998, Larion Jackson, his brother Chris, and several friends were on a porch outside the Jackson home.  
People v. Lindsey: No Fifth Amendment right against self-incrimination in probation revocation hearings By J. Brick Van Der Snick Traffic Laws and Courts, December 2002 Defense attorneys are often confronted with the situation of a client on supervision, conditional discharge or probation for a traffic-related offense who faces a petition for violation of sentencing conditions.
Case summaries By Hon. Terrence J. Brady & Alfred M. Swanson, Jr. Bench and Bar, July 2002 This appears to be the first decision in a court of review to specifically hold that after 30 days, a case dismissed for want of prosecution (DWP) may be reinstated, and does not require refiling.
Case law update By Holly-Joy Schroetlin Alternative Dispute Resolution, November 2001 As a prerequisite to her employment at Circuit City, Gannon signed its Dispute Resolution Agreement which provided that all employment-related claims against Circuit City be handled exclusively through binding arbitration.
Case summaries Bench and Bar, October 2001 American Service Insurance Company v. Olszewski, No. 1-01-0515 (1st Dist. August 20, 2001). The requirement in Supreme Court Rule 213(f) that, upon interrogatory, a party disclose the identity of witnesses he intends to call to testify at trial and the subject matter of their testimony is mandatory.
Case law update By Don C. Hammer Family Law, March 2001 In Re Adoption of D. (2-99-1245) Mother, and Mother's new husband, sought to adopt Mother's child. Petitioners sought to terminate the parental rights of the presumed father for willful desertion and/or abandonment.
Case summary—attorney has duty to report fraud to ARDC By Robert T. Park Civil Practice and Procedure, May 2000 Skolnick v. Altheimer & Gray (3/23/00)--Plaintiff attorney was investigated by the Attorney Registration and Disciplinary Committee (ARDC) based on letters sent to the ARDC by his law firm and one of its member lawyers
Book review Alternative Dispute Resolution, March 2000 The Heart of Conflict represents a departure from most of the other books reviewed in the newsletter.
Caselaw update By Dean M. Frieders Alternative Dispute Resolution, February 2000 Both parties were involved in an automobile accident, in which appellant conceded liability.
Recent cases By Barry H. Greenburg & Jacalyn Birnbaum Family Law, January 2000 Appellate court reversed trial court's denial of public guardian's motion to withdraw on the basis that public guardian had failed to identify any conflict in his representation.
Massachusetts district court denies summary judgment in concealed damage case where claim filed thirteen months after delivery By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 1999 In Norpin Manufacturing Co., Inc. v. CTS Con-Way Transportation Services, Inc., 1999 WL 754038 (D. Mass.) ____F. Supp. 3d ____ (decided 9/21/99), the U.S. District Court for the District of Massachusetts denied a motor carrier's motion for summary judgment in a cargo loss and damage claim brought under the Carmack Amendment at 49 U.S.C. §14706 even though the plaintiff shipper's initial claim for cargo damage was not filed with the defendant motor carrier until thirteen months after delivery.
Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson Criminal Justice, December 1999 The State sought civil commitment of the defendant in this case as a sexually violent person. The defendant had been previously convicted of criminal sexual assault and indecent liberties with a child in 1984.
Recent Illinois Supreme Court decision Bench and Bar, December 1999 In Tosado v. Miller, S. Ct. Doc. No. 84712 (Oct. 21, 1999), the Illinois Supreme Court affirmed the judgment of the appellate court that in medical malpractice actions against public entities or their employees a one-year rather than a two-year statute of limitations applies (293 Ill. App. 3d 544), resolving conflicting decisions from that court.
Seventh Circuit holds that an employee can be liable for a corporation’s discovery abuse By Michael Todd Scott Corporate Law Departments, December 1999 In Johnson v. Kakvand, No. 97-3893 (7th Cir. Sept. 17, 1999), the Plaintiffs sued Liberty Mortgage Corp. (Liberty) and it's president and sole shareholder, Mike Kakvand, alleging violations of the Fair Housing Act, the Equal Credit Opportunity Act, and the Illinois Consumer Fraud and Deceptive Practices Act. 
U.S. District Court finds Carmack Amendment claim against property broker does not preempt state law claims By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 1999 In Custom Cartage, Inc. v. Motorola, Inc., 1999 WL 89563 (N.D. Ill. 2/16/99), Custom filed a declaratory judgment suit against Motorola in the U.S. District Court for the Northern District of Illinois wherein it asserted that because it was a property broker, it owed nothing to Motorola after one million dollars worth of goods were stolen from a truck which Custom had hired to move Motorola's freight from Harvard, IL to Miami, FL.
U.S. District Court grants partial summary judgment against contract carrier in Carmack Amendment litigation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 1999 In Custom Cartage, Inc. v. Motorola, Inc., 1999 WL 965686 (N.D. Ill., 10/15/99), Motorola brought a Carmack Amendment claim under 49 U.S.C. §14706(a)(1) against J&P Transport and moved for summary judgment against that entity as the originating carrier on a load of telephones that moved from Harvard, IL and to Miami, FL and was short one million dollars worth of cargo on arrival at destination.
Caselaw update By Dean M. Frieders Alternative Dispute Resolution, November 1999 The Texas Fourth District Court of Appeals affirmed a ruling holding that Garcia violated a mediation settlement agreement when he moved to set aside the agreement which itself was entered into to settle a trust dispute
Lease Resolution Corporation v. Larney By Austin W. Bartlett Business Advice and Financial Planning, November 1999 In a case of first impression, the First District was faced with the issue of whether to adopt the adverse domination doctrine to toll the statute of limitations for claims by a plaintiff corporation against wrongdoing board members and non-board member co-conspirators.
Recent appellate court opinions in brief Bench and Bar, November 1999 In Stork, the appellate court had this to say about the kind of appellate advocacy before it
Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson Criminal Justice, October 1999 The defendant, Terry S. Duke, had been sentenced to 35 years in prison for rape (Class X felony) and a consecutive 2 1/2 year sentence for the possession of contraband in a penal institution.
Timing is everything By Bernard Wysocki General Practice, Solo, and Small Firm, October 1999 Recently the 5th District Appellate Court held that a Circuit Court properly denied a plaintiff's motion to rescind a settlement agreement between the plaintiff and his employer in which the plaintiff and employer satisfied an employer's lien against the proceeds of a plaintiff's legal malpractice suit.
Willful destruction of documents during civil discovery can lead to criminal obstruction of justice charges By Dana Silver Corporate Law Departments, October 1999 In United States v. Lundwall, 1 F. Supp. 2d 249 (1998), the United States District Court ruled that an alleged violation of 18 U.S.C. section 1503, obstruction of justice, reaches the willful destruction of documents during civil discovery. The statute had never been applied in the context of civil discovery.
Wyoming v. Houghton: The pendulum continues its swing to the right By Daniel T. Gillespie Traffic Laws and Courts, October 1999 Twenty years ago, then Justice Rehnquist joined Justice Blackmun's dissent in Arkansas v. Sanders, 442 U.S. 753, 99 S. Ct. 2586, 61 L. Ed. 2d 235 (1979), urging the Court to adopt a clear-cut rule to the effect that a warrant should not be required to seize and search personal property found in an automobile that may in turn be seized and searched without a warrant pursuant to Carroll v. United States, 267 U.S. 132, 69 L. Ed. 543, 45 S. Ct. 280 (1925) and Chambers v. Maroney, 399 U.S. 42, 90 S. Ct. 1975, 26 L. Ed. 2d 419 (1970).
Recent appellate court cases By David P. Bergschneider & Donald R. Parkinson Criminal Justice, September 1999 The defendant was convicted by a jury of the offenses of residential burglary, aggravated unlawful restraint and aggravated criminal sexual assault.
Recent appellate court opinions in brief Bench and Bar, September 1999 People v. Davis, 304 Ill. App. 3d 427 (2nd Dist. 1999, Rapp, J.). Following a jury trial, defendant was convicted of first degree murder and felonies and sentenced to imprisonment.
Recent appellate court cases By David P. Bergschneider Criminal Justice, July 1999 After a bench trial, the defendant was convicted of aggravated battery and sentenced to an extended term of 10 years.

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