Articles From 1999

“Alternate liability,” “enterprise liability” and “market share liability”: A products liability review By Michael Todd Scott Corporate Law Departments, June 1999 The purpose of this article is to provide corporate counsel an overview of three theories used to impose liability upon manufacturers of a defective product when the plaintiff cannot prove the exact identity of the manufacturer of the individual product which caused the plaintiff's injury.
Am I my partner’s keeper? By Mike Drone Agricultural Law, November 1999 Many farm families are operating as partnerships whether they realize it or not.
American Bar Association issues guidelines for attorneys serving on corporate boards of directors By James J. Moylan Business and Securities Law, March 1999 The issues surrounding an attorney serving on the board of directors of a corporate client have existed since the first time a lawyer accepted an invitation to join his corporate client's board.
Animal cruelty and domestic violence By Lee Beneze Elder Law, April 1999 Animal abuse is itself disgusting enough. However, for at least the last century, civilized societies have criminalized animal abuse, not just for what it means to animals, but for what it means to humans.
An annual survey of administrative law 1998 Administrative Law, January 1999 "Administrative law" concerns the policy making, ratemaking, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies, units of local government, and other public bodies.
Appeals Court rules that FMLA regulation is invalid By Sharon R. Cohen & Kathleen Rosenow Corporate Law Departments, December 1999 In Cox v. AutoZone, Inc., the U.S. Court of Appeals for the 11th Circuit ruled that a portion of the Family and Medical Leave Act (FMLA) regulations was invalid.
Appellate court decision hands “Sword of Damocles” to contractor in mechanic lien disputes: Krzyminski v. Dziadkowiec, 296 Ill. App. 3d 710, 695 N.E. 2d 1275, 231 Ill. Dec. 156 (1st Dist. 1998), cert. denied 179 Ill. 2d 586 (Ill. Oct. 6, 1998) By Timothy P. Atchison Real Estate Law, February 1999 In an opinion handed down May 18, 1998, the First District Appellate Court ruled that section 34 of the Mechanics Lien Act (the Act) provides no right to property owners threatened by inchoate mechanic lien rights of contractors until such time as the lien is perfected by the filing of the lien within the time frames specified in the statute.
Arbitration Insurance Law, March 1999 Statutory requirement for uninsured motorist arbitration cannot be waived or stipulated away.
Are licenses issued by the Illinois Department of Public Health to operate breath analysis instruments valid? By Larry A. Davis Traffic Laws and Courts, June 1999 John Doe is arrested for DUI on October 27, 1998, and agrees to submit to evidentiary breath testing, resulting in a BAC of .17.
Are you insured when the circus comes to town? By E. Regan Daniels Shepley Local Government Law, December 1999 Every town sees them­permit requests from organizations sponsoring a circus, carnival, festival or other "special event."
Are your documents protected by the work product doctrine? By Michael Todd Scott Corporate Law Departments, February 1999 Most large corporations face litigation in many different jurisdictions. As a result, those corporations may have documents which are work product in a case in one jurisdiction which are at issue in another jurisdiction in subsequent litigation
Armed violence issues By Steve Baker Criminal Justice, March 1999 The history of the armed violence statute is replete with constitutional challenges.
The art of obstruction: Responding to discovery and pleadings, and the role of the ARDC By William J. Borah Civil Practice and Procedure, February 1999 In line with modern computer nomenclature, the term "virtual reality" could be considered an oxymoron.
Assessment of penalties for failure to pay medical bills By Arnold G. Rubin Workers' Compensation Law, January 1999 Section 8(a) of the Illinois Workers' Compensation Act requires that the employer shall provide and "pay for all of the necessary first aid, medical and surgical services and all necessary medical, surgical and hospital services . . . which is reasonably required to cure or relieve the employee from the effects of the accidental injuries."
Asset protection planning: insulating landman assets from creditor claims By John E. Sullivan, III Mineral Law, November 1999 So, you've incorporated. You know that the oil and gas business can sometimes turn litigious, but you think you've got yourself legally protected because you run your business through a corporation and not in your own name.
Assistance and cooperation Insurance Law, June 1999 Owner's and general contractor's failure to tender defenses to their own liability insurers was not breach of cooperation clause under subcontractor's CGL policy naming them additional insureds.
Attorney fees and the Rules of Professional Conduct By Chris E. Freese General Practice, Solo, and Small Firm, January 1999 This article reviews the provisions of the Illinois Rules of Professional Conduct as they pertain to attorney fees.
Attorney general issues opinions affecting units of local government By Lynn Patton Local Government Law, October 1999 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1996)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Attorney general issues opinions affecting units of local government By Lynn Patton Local Government Law, February 1999 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1996)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state's attorneys on matters relating to their official duties.
Average weekly-wage per diem “expenses” included By Peter N. Schmidt Workers' Compensation Law, January 1999 In Swearingen v. Industrial Comm'n, 5-97-0160WC (5th Dist., Aug. 24, 1998), the appellate court held in a case of first impression that reimbursements paid to the petitioners, both truck drivers, constituted real economic gain and should be included in the calculation of the average weekly wage.
Avoid double real estate taxation on association-owned property By David M. Bendoff Real Estate Law, November 1999 Unit owners in your condominium association may be double paying real estate taxes with respect to real estate owned by the association.
Back to basics By Thomas J. Brannan Law Office Management and Economics, Standing Committee on, November 1999 When was the last time you were completely caught up?....I mean, a clean desk, no files awaiting work or discovery, or research, and no telephone calls to return?
Backlog at Illinois Secretary of State’s Office Corporate Law Departments, June 1999 The backlog in obtaining services from the Illinois Secretary of State's Business Services LLC/LLP Division will continue for at least the next several months.
Bad faith: statutory Insurance Law, January 1999 Insurer's delay in settling uninsured motorist claim was vexatious and unreasonable under section 155 of Illinois Insurance Code.
Bad things come in small packages By Michael A. Hall General Practice, Solo, and Small Firm, February 1999 My wife often reminds me that "good things come in small packages."
Basics of employment discrimination: Who can sue whom for what By Iain D. Johnston Corporate Law Departments, August 1999 Title VII (42 U.S.C. section 2000e)
Basics of employment discrimination: Who can sue whom for what By Iain D. Johnston Human Rights, February 1999 A plaintiff must exhaust administrative remedies under Title VII, ADEA and ADA, but need not exhaust administrative remedies for claims under sections 1983 and 1981.
Benefits awarded for heart attack caused by work-related stress By Dana S. Frazier Workers' Compensation Law, January 1999 The recent decision from the Second District Appellate Court of the Industrial Commission Division (The City of Waukegan v. Industrial Commission, No. 2-97-0750WC), illustrates how highly interpretative the factual scenario can be in determining compensation for heart attack cases allegedly caused by work-related stress.
Beware the empty chair By Terrence J. Lavin Tort Law, December 1999 One of the most troubling aspects of trying malpractice cases on behalf of injured patients is the specter of what is commonly known as the "empty chair defense."
Beyond the legalities By Thorpe Facer Trusts and Estates, May 1999 The membership of the Trusts and Estates Section of the ISBA is the second largest of any section.

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