Illinois law, the mere installation of a defective plumbing system did not constitute "physical injury" to property which would trigger coverage under the policys' property damage cases, but that under New York law, property damage coverage was triggered. The court has now granted a rehearing in the case. Stay tuned. Traveler's Insurance Co., et al vs. Eljer Manufacturing Inc., Consol. No. 88407 & 88410, (12-1-00). http://www.state.il.us/court/2000/88407.htm .
4. "Either/or" jurisdictional choices under Anti-Cybersquatting Act. A federal court in Virginia has ruled that the anti-cybersquatting act provides either a claim using in rem jurisdiction or a claim using in personam jurisdiction, but not both simultaneously. The case, Alitalia-linee aeree Italiane S.p.A. v. casinoalitalia.com (2001 U.S. Dist. LEXIS 534), resulted in an assertion of in personam jurisdiction after the court found both trademark infringement and an interactive Web site with online gambling customers within the state. See the report: http://ipcenter.bna.com/ipcenter/1,1103,1_817,00.html (Virginia's District Court for the Eastern District of Virginia is not yet online.)
5. Internet taxation: the battle is joined ...
A bi-partisan bill to ban internet taxation (House version), and possibly to encourage state governments to simplify systems for collecting taxes for internet sales (Senate version), was introduced in the US. Congress recently. Called the "Internet Tax Non-Discrimination Act," the Act is co-sponsored by Senator Ron Wyden (D-Ore). and Representative Christopher Cox (R-Calif.). Go to http://thomas.loc.gov/ and search for Senate bill 288. Meanwhile, the states have been busy with their Streamlined Sales Tax Project, a proposed new Uniform Act and Uniform Agreement recently approved by the various state representatives to the Streamlined Sales Tax Project. http://www.geocities.com/streamlined2000/
6. Arbitrator's failure to quantify award of attorney fees not fatal.
After Federal Signal Corp lost its arbitration with SLC Technologies, the arbitrator entered an order granting a dollar amount in damages to SLC, and awarding "reasonable attorney fees." Federal Signal paid the award, but not the attorney fees, and after 30 days, filed a complaint in circuit court to vacate the arbitrator's award. Federal Signal contended that SLC should have applied to the arbitrator within 20 days of the judgment concerning attorney fees, that now it was too late, and the judgment itself should be vacated. SLC moved to dismiss and to compel arbitration on the amount of attorney fees. Both Motions were denied,and SLC appealed. On appeal, the First District Appellate Court reversed, holding that the court had jurisdiction to return the case to the arbitrator for his determination of the amount of attorney fees, and ordered that it do so. Plaintiff had not pleaded statutory grounds for a vacation of the award, among other things, and its case should have been dismissed. Federal Signal Corp. v. SLC Technologies, Inc., No. 1-00-2850 (1st Dist., January 19, 2001). http://www.state.il.us/court/2001/1002850.html
7. "End of life" for Windows 95.
Recent announcements by Microsoft sounds the death knell for Windows 95. As of December 31, 2000, Microsoft will no longer provide bug fixes, and callers must now pay for technical support for Win 95 issues. In addition, the licenses that let most computer makers incorporate the operating system into new computers expired on December 31, 2000, and Microsoft is no longer offering new volume licensing agreements that it sells directly to mid- to large-sized businesses. Upgrade soon.
8. The e-mail "wire tap" and how to avoid it.
Email programs that use JAVA, such as Netscape Mail, Internet Explorer Mail and Microsoft Outlook Mail, can be tracked, with the proper JAVA script inserted in the original message, so that all information added and forwarded as the messages moves along, can be recalled to the original sender. For people who forward whole emails intact to others for comment, the JAVA script works like a wiretap. To avoid the problem, cut and paste text from the message, rather than forwarding it whole.
9. Software piracy: if you get this letter ...
An official-looking letter arrived at a place of business recently, directed to the owner. It was from the Business Software Alliance in Washington DC. It asked "Are you using unlicensed software? If so, the Business Software Alliance is giving you one month to get legal." The letter said it was calling a truce, and gave the business owner a BSA Truce Participation number. The business owner called her attorney, wondering what to do. She knew she didn't have any unlicensed software--in fact, she didn't even own a computer! The moral of the story? Apparently, no screening whatever goes into deciding who gets these letters. If your client receives one, it does not mean that the Alliance has evidence that the business uses unlicensed software. More likely, it means that your client's geographic area or zip code has been targeted for mailing.
10. New Partnership Act amendments effective 01-01-2001.
PA 91-762 http://www.ilga.gov/publicacts/pubact91/acts/91-0762.html(805 ILCS 210/702) amends the Revised Uniform Limited Partnership Act (RULPA) to provide that an assignment of a partnership interest entitles the assignee to share in the financial gains or losses of the partnership, to the extent assigned. PA 91-840 (805 ILCS 210/402, 602 and 603) amended RULPA to provide that a limited partnership agreement controls with regard to withdrawing from the partnership and assigning a partnership interest. http://www.ilga.gov/publicacts/pubact91/acts/91-0840.html
11. A deluge of pending legislation.
The following business law-related bills have been introduced into the Illinois State Legislature: HB 225 http://www.ilga.gov/scripts/imstran.exe?LIBSINCWHB0225(Curry, D-Decatur) amends the Conveyances Act. Would require recording of certain interests affecting title to real property for them to take effect and have the force of law. HB 383 (Saviano, R-Elmwood Park) amends the Interest Act to increase the rate of interest to which creditors are entitled on money after it becomes due from 5% to 7%. HB 426 http://www.ilga.gov/scripts/imstran.exe?LIBSINCWHB0426(Hoffman, D-Collinsville, Fowler, D-Harrisburg, Forby, D-Benton)
Amends the Criminal code and the Workers Compensation Act. Creates the offense of reckless corporate conduct. Among other things, prohibits engaging in conduct that results in death, that the corporate entity or corporate official knew or should have known would result in death, or that was reckless or negligent. HB 524 http://www.ilga.gov/scripts/imstran.exe?LIBSINCWHB0524 (Mautino, D-Spring Valley and several others) Creates the Agriculture Producer Protection Act. Requires agriculture production contracts to contain certain disclosures, and include a cover sheet that provides specified warnings, risk disclosures, producer rights and an index of the major contract provisions. HB 573 http://www.ilga.gov/scripts/imstran.exe?LIBSINCWHB0573 (Currie, D-Chicago) Creates the Illinois Fair Bargain Act. Provides that a clause in a standard form contract or lease that modifies or limits procedural rights necessary or useful to a consumer, borrower, tenant, or employee in the enforcement of substantive rights against a party drafting the standard form contractor lease is unconscionable and is voidable by the consumer, borrower, tenant, or employee.
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