Publications

Articles From 2000

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Nice Guys Finish Last in Wills and Estate Planning

By Anne E. Thar
April
2000
Column
Page 235
Confused elderly parents, estranged (and strange) children; estate-planning practice can pose serious malpractice risks for the best of lawyers. Here's what to watch for.

No-Fault Attendance Policies: How Employers Can Avoid FMLA Violations

By Daniel S. Alcorn
October
2000
Article
Page 597
Help employers design an attendance policy that complies with the Family and Medical Leave Act.

Notice Our New Look for the Journal

By Stephen C. Buser
March
2000
Column
Page 119
If the Journal looks different somehow this month, don't adjust your set;

An Overview of Illinois Nursing Home Litigation

By Stephen C. Buser and Harriet H. Hamilton
June
2000
Article
Page 316
A practice-oriented review of Illinois and federal statutes and cases governing nursing home lawsuits.

Perfecting Security Interests in Intellectual Property

By Scott J. Driza
March
2000
Article
Page 162
An overview of this rapidly developing area of intellectual property transactions.

The Perils of Elma Fudd, Esq. - Malpractice Risks in Business Formations

By Anne E. Thar
December
2000
Column
Page 727
It's a common situation; a small group seeking a lawyer's help in forming a closely held business entity; that presents multiple malpractice traps for lawyers.

A pharmacist who knows that the prescribed drug is contraindicated for a patient with allergies has a duty to warn the patient or prescribing physician

December
2000
Illinois Law Update
Page 690
On September 29, 2000, the Second District of the Appellate Court of Illinois reversed the trial court's grant of summary judgment to the defendant on Happel's claim of negligence after she suffered anaphylactic shock resulting from a prescription filled by Wal-Mart's pharmacy.

Plaintiff in Title VII suit need not show favorable treatment of similarly situated employees when plaintiff is the only discharged individual

March
2000
Illinois Law Update
Page 128
On January 18, 2000, the Seventh Circuit reversed the district court for the Northern District of Illinois, Eastern Division's grant of summary judgment to defendant Quanex Corporation. 

A plaintiff must introduce at least some evidence of the defendant’s payroll records to show that the defendant is an “employer” for purposes of a Title VII claim

January
2000
Illinois Law Update
Page 16
On November 15, 1999, the United States Court of Appeals for the Seventh Circuit affirmed the district court’s grant of the defendant’s motion for judgment as a matter of law since the plaintiff, Tina Mizwicki, failed to set forth sufficient evide evidence to show that the defendant was an “employer” for purposes of Title VII.

Plaintiff’s negligence in railroad accident does not prevent finding of negligence of defendant

March
2000
Illinois Law Update
Page 128
On December 22, 1999, the Second District Appellate Court overruled the summary judgment granted to the defendants by the circuit court of McHenry County.

Postnuptial Agreements in Illinois

By Laura Caldwell
August
2000
Article
Page 473
A review of the Illinois case law.

A Practical Overview of Illinois’ Religious Freedom Restoration Act

By Lisle A. Stalter
February
2000
Article
Page 96
An overview of the rights and defenses available under the Illinois RFRA.

A preexisting condition does not bar recovery under the Workers’ Compensation Act if the preexisting injury is aggravated during the course of employment

October
2000
Illinois Law Update
Page 563
On August 4, 2000, the Appellate Court of Illinois, First District, affirmed the arbitrator's decision to award the claimant workers' compensation benefits after determining that the claimant's injuries arose out of and in the course of her employment.

Preparing Your Clients for Parenting and Financial Mediation

By Don C. Hammer and Debra Sudduth
August
2000
Article
Page 469
How to help your client make the most of mediation.

Pressure-Sore Litigation: An Overview

By Paul W. Johnson and Veronica L. Armouti
June
2000
Article
Page 336
An exploration of the legal and medical issues raised by pressure sores in the nursing home setting.

Procedures for determining “best interest” of child in custody proceedings clarified; P.A. 91-746

August
2000
Illinois Law Update
Page 438
In response to a recent appellate court decision, the General Assembly passed and the governor recently approved legislation clarifying the process for requesting court-ordered evaluations in child custody proceedings.

Protecting Evidence of Self-Critical Analysis From Discovery in Illinois

By Michelle R. Mosby-Scott and Michael Todd Scott
November
2000
Article
Page 648
A review of self-critical-analysis privilege under federal and state law.

Protecting Trade Secrets During Litigation: Policies and Procedures

By William Lynch Schaller
May
2000
Article
Page 260
Find out how to reduce the risk that you'll reveal proprietary information during litigation.

Public and appellate defenders once again granted immunity — P.A. 91-877

September
2000
Illinois Law Update
Page 500
Public and appellate defenders and those who contract for their services are once again immune from legal and professional malpractice claims under a new Illinois law.

Public schools evaluation, recognition and supervision

June
2000
Illinois Law Update
Page 310
On March 21, 2000, the Illinois State Board of Education adopted emergency amendments to section 1 of the Illinois Administrative Code. 23 Ill Adm Code 1.

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.

The Quandary Facing Deponents Who Err at Deposition

By Robert S. Minetz
May
2000
Article
Page 276
The Supreme Court Rules should allow deponents who err during depositions to correct their testimony on the errata sheets, this author argues.

Quarterly income reporting system for food stamps

May
2000
Illinois Law Update
Page 252
On Feb. 24, 2000, the Illinois Department of Human Services adopted emergency amendments to section 121 of the Illinois Administrative Code. 89 Ill Adm Code 121.

Racial profiling study rejected; H.B. 3911

June
2000
Illinois Law Update
Page 310
House Bill 3911 required Illinois law enforcement officers to record information about the race of motorists who received traffic or warning citations.

Real Estate Law: The Expanding Liability of Illinois Developers and Directors

By John F. Dixon
April
2000
Article
Page 226
A review of cases arising out of lawsuits aimed at Illinois developers and homeowners-association board members.

Recent U.S. Supreme Court Fourth Amendment Rulings Expand Police Discretion

By Michele M. Jochner
October
2000
Article
Page 576
Far from drawing bright lines, these rulings have raised new uncertainties, this author argues.

Recommendations for Rookie Writers

By Maureen B. Collins
April
2000
Column
Page 237
Okay, you've got a real job now; how do you transfer your writing skills from the classroom to the real world of lawyering? Here are some tips.

Recovering Costs in Illinois Civil Actions

By Matthew R. Henderson and Andrew R. Schwartz
September
2000
Article
Page 504
A review of the authority for recovery of costs; the authors argue for a less restrictive rule.

Registration for real estate transfer taxes

March
2000
Illinois Law Update
Page 128
On December 9, 1999, the Illinois Department of Revenue adopted a new section to section 120.5 of the Illinois Administrative Code. 86 Ill Adm Code 120.

Relevant Conduct and the Law of Conspiracy

By David G. Duggan
June
2000
Article
Page 351
The problems posed by the federal sentencing guidelines for defendants charged with liability for the criminal acts of others.

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