Last month in its much-awaited Provena opinion, the Illinois Supreme Court held that a hospital that gives away less that one percent of its annual revenue on free patient care doesn't qualify for a charitable property tax exemption.
But in his article in the most recent ISBA Tax Trends newsletter, Bill Seitz points out, among other things, what the court didn't decide. "A majority of the court did not agree on the portion of the plurality opinion that addressed charitable use -- what evidence supports a conclusion that the charitable services is sufficient to be considered the primary purpose of an institution," he wrote. "Since the discussion of charitable use did not command a majority of the court it is not binding under the doctrine of stare decisis."
Read his summary of the opinion, and make plans to attend the Law Ed program on Provena May 6 in Chicago.
Practice News
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April 22, 2010 |
Practice News
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April 21, 2010 |
Practice News
That's Tom Bruno's musical question in the latest ISBA Human Rights newsletter, and you Edwin Starr fans know the answer. OK, maybe not absolutely nothin'. But not much. Why not? "Try this experiment," Tom suggests. "Type the phrase 'background check' into your Google search bar. Your Web browser comes alive with hundreds of private sector Web sites located around the world that will gladly provide a compendium of everything that ever appeared on the Internet in exchange for your modest fee. In the modern era this is how employers frequently vet potential employees." And, sadly, you can't expunge yourself from the World Wide Web. But even so, expungement does have value, Joshua D. Carter argues in the same issue. He notes that "legal protections...arise from a criminal record being expunged or sealed. Such records are not available to employers through the official channels and, perhaps more importantly, it is illegal under the Illinois Human Rights Act for an employer to consider any criminal history information which has been ordered expunged or sealed." Read Tom's article here, Josh's here.
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April 21, 2010 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. More and more law firms are using web sites. Where are these sites falling short? What about news rooms? What are your suggestions? A. There is another audience besides clients and prospective clients. That audience is the media. Law firm web sites need to direct more focus on the media and recognize the benefit of effective public relations. Law firm web sites should incorporate first-rate online press rooms. The first wave of law firm web sites was often the brainchild of the marketing department or the attorneys. As a result reporters were often forgotten in the rush to publish. However, for most firms, the news media is a clear and well-defined audience. What type of information should we provide that is key to this audience? Contact Information Too many web sites bury any contact information, much less specifics on whom to call for an “on the record” statement. Many sites, if they include any contact information, will only include an address, phone and fax – no names. If you want to make friends with the media, make it easy for them to call (or e-mail) you. Whether it is a link from the home page, or an easily-found link in the “about us” or “news” sections of your web site – give the media basic information about branch offices – along with names and phone numbers. Don’t forget the area code. If you are concerned about e-mail overload, set up a special e-mail address for media inquiries (but make sure that it is checked more than once a day).
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April 15, 2010 |
Practice News
CIVIL
Carter v. SSC Odin Operating Company
By Michael T. Reagan, Herbolsheimer Lannon Henson Duncan and Reagan PC In Carter v. SSC Odin Operating Company, the high court ruled that the sections of the Illinois Nursing Home Care Act voiding a resident's waiver of the right to sue or to have a jury trial were ineffective to negate preemption by the Federal Arbitration Act. Though Carter was decided within the narrow confines of nursing-home litigation, its logic could affect a much broader range of preemption cases. For appellate lawyers, here's an interesting procedure point: the court said it was exercising jurisdiction pursuant to its supervisory authority. That was probably necessary because more than 21 days had expired after an initial denial of the petition for leave to appeal, during which time the Supreme Court of the United States had denied certiorari, and the Second District had issued a conflicting opinion. Case summary Supreme Court opinion 106511Slovinski v. Elliot
By Jean M. Prendergast, Schuyler, Roche & Crisham, P.C Civil practitioners will be wise to consider carefully Slovinsky v. Elliot, in which the Court refined the standard for reviewing remittitur and punitive damage awards, especially where the trial judge makes no specific findings. In this defamation per se case, the trial court reduced a $2 million jury award for punitive damages to $1 million. -
April 14, 2010 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. Do you have any suggestions concerning how we can determine if our compensation system is functioning properly? A. You can start with the following firm - self-test. Has the firm experienced or is it experiencing:
- Partner defections
- Firm splits and breakups
- Personal fiefdoms
- Maverick partners
- Hoarding work
- System perceived as unfair
- Problems acquiring and retaining top legal talent
- Low productivity
- Low profitability
- Client dissatisfaction
- Low morale
- Disputes with former partners
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April 13, 2010 |
Practice News
"Currently, as every litigator knows, Illinois’ rules of evidence are scattered through case law, statutes, and supreme court rules, making it a challenge to locate and identify any given evidentiary rule," Helen Gunnarsson writes in the not-yet-published May Illinois Bar Journal. "Recognizing the resulting inefficiency," she continues, "Chief Justice Thomas Fitzgerald made codification of those rules a primary goal during his term at the court’s helm. "Taking a giant step toward achieving that goal, the Illinois Supreme Court Special Committee on Illinois Evidence will hold public hearings next month on proposed new rules that would reorganize and codify Illinois’s evidence rules. The hearings are scheduled for May 18 in Chicago and May 20 in Springfield."
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April 9, 2010 |
Practice News
Justice John Paul Stevens announced today that he will retire from the U.S. Supreme Court, 11 days ahead of his 90th birthday. Stevens, a graduate of Northwestern University Law School, will step down after the court finishes its work this summer, in late June or early July. Read more about Stevens' retirement in the Chicago Tribune. The ABA Journal has posted a gallery of Stevens' top cases. John Paul Stevens' retirement letter to President Obama
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April 9, 2010 |
Practice News
[caption id="attachment_10076" align="alignright" width="300" caption="Blanca Dominguez, an attorney and former law clerk, will appear on "The Judicial Intern Opportunity Program" with Cook County Circuit Court Judges James P. Flannery, Jesse G. Reyes (moderator) and Allen S. Goldberg."][/caption] The Judicial Intern Opportunity Program will be the topic of “Judicial Perspective,” a half-hour cable program presented by the Illinois Judges Association (IJA), airing on Chicago Access Network Television, Channel 21 in Chicago, on Thursday, April 15 at 9:30 p.m. For several years, the IJA has participated in the Judicial Intern Opportunity Program, which was started 10 years ago by the American Bar Association’s Section of Litigation to provide minority and financially-disadvantaged students with a unique opportunity to learn. Appearing on the show to discuss this unique and rewarding program are (from left) Blanca Dominguez, an attorney and former law clerk; and Cook County Circuit Court Judges James P. Flannery; Jesse G. Reyes, a previous IJA president who serves as moderator; and Allen S. Goldberg. The Illinois Judges Association, formed in 1971, provides continuing legal support to members of the judiciary and education to the public on matters regarding the court system.
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April 8, 2010 |
Practice News
Have you gotten a press release saying the Illinois Department of Public Health has “mandated new language” for healthcare POAs? Wondering what's up with that? Helen Gunnarsson got to the bottom of it for the May Illinois Bar Journal, and we're giving our Illinois Lawyer Now faithful an early look. Read what she has to say.
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April 7, 2010 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC In my March 10 post, I discussed financial implications when law firm owners and partners do not have a working knowledge or a handle on the financial side of their practice and are held “hostage” by their bookkeepers. Here is an e-mail that I received from an attorney in Chicago that offers additional insight on this topic. “Regarding the heavy-handed bookkeeper, I read your column and it struck a nerve. I agree with your advice on this one but would add one point. If you are not happy with the person handling your firm's finances, make a change. Do it. You will be happier within 45 days and much happier within six months. If the problem is with the accountant taking control over the books and treating them as his or her personal fiefdom, then the members of the firm should sit down and determine whether the problem should be treated as an accounting problem or as an HR problem? From where I am sitting, it appeared to be the latter. If the problem is in fact an HR problem -- and this is especially true with the accounting function of a firm -- a firm should never hesitate to make a change in accountants. Doing so will be the only practical solution to what is a personnel problem, as opposed to an accounting problem.