Publications

Articles on Settlements

Tax Issues in Employment Discrimination Settlements

By Ralph A. Morris and Heather R.M. Becker
December
2005
Article
Page 638
Every lawyer who negotiates an employment discrimination settlement should understand the implications of these tax issues.

Settlement agreements only rescinded by substantial non-performance or material breach

November
2005
Illinois Law Update
Page 564
On August 18, 2005, the Illinois Appellate Court, First District, affirmed the decision of the Circuit Court of Cook County denying the plaintiff's motion to reconsider the trial court's decision to vacate a previous judgment. 

Making settlement appealing

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
On appeal, opponents rarely meet face to face and thus have little opportunity to explore settlement. A new program seeks to make settling easier at the appellate level.

The 2004 Allerton House Conference: Balancing Economy, Efficiency, and Fairness

By Jeffrey A. Parness
November
2004
Article
Page 590
This year's conference addressed court funding, litigation expenses, settlement talks, and more.

The Downsizing, then Supersizing of Medicare’s Super Lien

By Fred Johnson
January
2004
Article
Page 40
A federal appellate decision limited Medicare's subrogation interest in settlement proceeds, but the new Medicare reform law legislatively overturned the court and expands the lien.

Avoiding the Medicare Trap: Workers’ Comp and Medicare Secondary-Payer Regs

By Brad E. Bleakney B
December
2003
Article
Page 604
Drafters of settlement agreements beware: you must account for Medicare's lien.

The Structured Settlement Protection Act helps judges say “no”

By Helen W. Gunnarsson
November
2003
LawPulse
Page 544
Some damage-award recipients don't act wisely when trading in their structured settlements for lump-sum payouts. A new law helps courts say "no" to bad deals.

Will Ozik inspire more p.i. settlements?

By Helen W. Gunnarsson
September
2003
LawPulse
Page 430
According to plaintiffs' lawyers, a recent appellate court ruling means that more defendants will be found jointly, rather than just severally, liable. And that could make them more willing to settle.

Tobacco Product Manufacturers’ Escrow Enforcement Act implemented

July
2003
Illinois Law Update
Page 332
The Illinois Office of the Attorney General recently adopted new administrative regulations related to the enforcement of the Tobacco Product Manufacturers' Escrow Act, 30 ILCS 168, and Tobacco Product Manufacturers' Escrow Enforcement Act, 30 ILCS 169.

Consideration for binding contract exists where plaintiff accepted settlement offer after summary judgment awarded to defendant; no condition of termination implied into settlement offer

June
2003
Illinois Law Update
Page 280
On March 10, 2003, the Appellate Court of Illinois, First District, reversed and remanded the order of the circuit court of Cook County granting the defendant's motion for summary judgment.

Insurer must maintain “proof mailing” when notifying insured of exclusion for injuries sustained related to lead poisoning and settlement between landlord and tenant may be valid, if reasonable, when landlord assigned its rights to tenant under insurance

April
2003
Illinois Law Update
Page 168
On January 24, 2003, the Illinois Supreme Court concluded that Potomac Insurance breached its obligation to defend when it refused to defend a personal injury action for lead poisoning.

Correspondence from Our Readers

March
2003
Column
Page 106
More on file retention.

Illinois Judges Speak Out on Settlement Conferences

By Mark S. Mathewson
November
2002
Article
Page 604
Six judges from around the state describe their approach to pre-trial settlement conferences.

Tax Consequences of Settlement in Employment Litigation

By Nile J. Williamson
May
2002
Article
Page 263
Lawyers should allocate settlement proceeds so their clients can avoid tax—but sometimes it's easier said than done.

Avoiding settlement surprises

By Helen W. Gunnarsson
January
2002
LawPulse
Page 10
What do you do to keep a settlement from unraveling? And what do you do when it unravels despite your best efforts? Seasoned negotiators offer advice.

Primary Insurers’ Duty to Exercise Good Faith Toward Excess-Insurance Carriers

By Beth Boggs and Daniel McLaughlin
January
2002
Article
Page 18
A review of primary insurers' obligations to excess-insurance carriers in settlement negotiations.

Law clarifies division of stock options in dissolution of marriage cases P.A. 92-306

November
2001
Illinois Law Update
Page 568
In August, Gov. Ryan signed into law Senate Bill 433, which amends the Illinois Marriage and Dissolution of Marriage Act to clarify the current uncertainty about division and evaluation of stock options in dissolution of marriage cases.

Correspondence from Our Readers

September
2001
Column
Page 446
In defense of the common fund doctrine.

Using Federal Rule 68 to Spur Settlement

By Ian H. Fisher
March
2001
Article
Page 143
Rule 68 can require plaintiffs to pay defendants' costs for refusing a judgment offer.

Qualified Illinois Domestic Relations Orders: A Retirement System View

By Cynthia F. Fain
September
2000
Article
Page 533
Remember that QILDROs—not QDROs—apply to Illinois public pension benefits.

Distribution at Divorce of Personal Injury, Workers’ Compensation, and Disability Awards

By Debra DiMaggio and Cindy Huang
September
1999
Column
Page 494
The authors note that several Illinois courts have distributed awards for strictly personal damage (i.e., pain and suffering) disproportionately to the injured spouse on divorce even when the cause of action arose during marriage.

The Lawyer’s Journal

By Bonnie McGrath
May
1999
Column
Page 238
The high court revisits the single-subject rule.

Confronting Breach of a Settlement Agreement

By Robert A. Chapman
April
1999
Column
Page 217
What do you do when the other side breaches a settlement agreement? This article reviews your alternatives under Illinois law.

The Lawyer’s Journal

By Bonnie McGrath
February
1999
Column
Page 70
No retaliatory discharge claims for whistle-blowing lawyers...

Settlement Allocations, Set-Offs and the Inequitable Apportionment of Damages

By John J. Meehan
December
1998
Article
Page 674
Under Illinois law, non-settling defendants can be unfairly deprived of their set-offs, this author asserts.

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