Section Newsletters

Articles From 1999

Spoliation of evidence: Recent expansion of an old theory By Robin P. Bissell & James M. Holston Corporate Law Departments, February 1999 Although the claim of spoliation has ancient roots, it is currently at the zenith of its popularity as a legal theory and litigation tactic. Cases involving alleged and actual spoliation have become front-page articles in the mainstream business press
Spring cleaning—A dozen pointers for purging files By Scott Mittman Young Lawyers Division, March 1999 The ABA and others who issue ethical rules tell you that you don't have a general duty to keep all files forever and ever.
State appropriations to court system for FY ’00 Bench and Bar, September 1999 In "An Act regarding appropriations and reappropriations" (P.A. 91-20) for state fiscal year July 1, 1999, to July 1, 2000, the General Assembly made the following appropriations to the Illinois Supreme Court for the operation of the Illinois court system.
State Gift Ban Act—Attorney General Opinion By Lynn Patton Local Government Law, August 1999 Recently, Attorney General Jim Ryan issued an opinion regarding the implementation of the provisions of the State Gift Ban Act (added by Public Act 90-737, effective January 1, 1999, to be codified at 5 ILCS 425/1 et seq.)
State Gift Ban Law will have major impact on local government By David J. Silverman Local Government Law, March 1999 Governor Edgar recently signed into Law House Bill 672 which was passed by the 90th General Assembly.
State legislative update Education Law, November 1999 This summary of education and related bills passed during the Spring, 1999, session of the Illinois General Assembly was compiled by the legislative committee of the Education Law Section Council. Members of the committee are Marcy Dutton, Racquel Martinez, Julie Hughes and Phil Milsk.
States gain IP immunity By Daniel Kegan Intellectual Property, June 1999 A narrow but consistent 5-4 majority of the U.S. Supreme Court has ruled that state sovereignty prevents suing a state for patent infringement or for unfair competition damages.
Statute of limitations and international child support collection By Angela Peters International and Immigration Law, December 1999 Mom and Dad, who are Israeli citizens, get divorced. Sixteen years later, Mom, who still lives in Israel, tries to collect on her child support judgment, from Dad, who has been and still is a United States citizen.
Statute of limitations: general Insurance Law, January 1999 Two-year statute of limitations does not apply to section 155 of the Illinois Insurance Code.
Statutes of limitations in Y2K warranty claims By William T. McGrath Business and Securities Law, October 1999 If it all goes terribly wrong at midnight on 1-1-00, we can expect a tsunami of litigation
Statutory developments By Robert John Kane Administrative Law, January 1999 The Illinois Administrative Procedure Act (IAPA) (5 ILCS 100/1-1 et seq.) has been amended by three Public Acts.
Staying out of trouble with the SEC: Tips for the brokerage firm By Dexter B. Johnson Business and Securities Law, March 1999 Over four years ago, the Securities Exchange Commission ("SEC") caused considerable consternation within the management ranks of some of the nation's largest brokerage firms when, through a series of high profile cases, it began to dramatically increase the number of administrative actions and sanctions against brokerage firm supervisors and managers.
The Stip Sheet Workers’ Compensation Law, November 1999 Each newsletter will include an article on one (or more) of the issues from the Request for Hearing, or "Stip Sheet," used at Arbitration Hearings at the Illinois Industrial Commission.
Stops on the info-highway: Kansas Elder Law Network and WashLaw Elder Law, November 1999 This is the first of an occasional series of articles highlighting Web sites of interest to elder lawyers.
Subject index to substantive articles in Volume 36 of The Corporate Lawyer Corporate Law Departments, June 1999   Supreme Court Rules in COBRA Case Involving Dual Coverage By: Kathleen S. Rosenow, No. 1
Subrogation: against own insured Insurance Law, January 1999 Insurance carrier that pays a claim under one policy may subrogate against party it insures under separate policy.
Subrogation: medical expenses Insurance Law, January 1999 An insurer's subrogation rights are limited to the portion of the settlement relating to accident-based medical expenses.
Suicide and contributory negligence By Matthew R. Booker Health Care Law, May 1999 In the United States, the suicide rate actually exceeds the murder rate and, increasingly, the families of suicide victims are suing medical providers.
Summary of consumer due process protocol By John N. Cannon Alternative Dispute Resolution, January 1999 In recent years businesses have increasingly used standardized contracts to require ADR to resolve consumer disputes.
Summary of death penalty decisions published in the Official Reports or issued by the Illinois Supreme Court for 1998 By Daniel M. Locallo Criminal Justice, May 1999 The author wishes to express that this summary concerns the procedural and substantive case law established by the Supreme Court of Illinois. The summary intentionally does not cover any of the issues regarding the constitutionality of the death penalty.
Summary of ISBA proposal 91-25 Administrative Law, March 1999 ISBA proposal 91-25 creates the Offices of Administrative Hearings (OAH) to conduct administrative hearings for executive agencies under the governor.
Summary of recent Illinois Supreme Court cases By Robert T. Park Civil Practice and Procedure, May 1999 LaFever v. Kemlite Co., 85 Ill.2d 380, 706 N.E.2d 441, 235 Ill.Dec. 886 (1998).
A Summary of Rule 213 opinion witness cases By Daniel P. Wurl Civil Practice and Procedure, October 1999 Editors' Note: In the last issue of Trial Briefs, we published a summary of recent decisions dealing with the operation of Rule 213, together with an appendix that provided a more detailed account of the decisions.
A Summary of Rule 213 opinion witness cases By Daniel P. Wurl Civil Practice and Procedure, September 1999 On June 1, 1995, the Illinois Supreme Court entered an order making major revisions to some of its discovery rules
Summary of traffic-related decisions published in the Official Reports for 1998 By Daniel M. Locallo Criminal Justice, April 1999 Defendant was convicted of DUI following an arrest for that charge on June 24, 1995.
Supreme court opinion in Jacobson v. Knepper & Moga, P.C., filed on December 31, 1998 Corporate Law Departments, February 1999 We are asked here to consider the issue of whether an attorney who has been discharged by his law firm employer should be allowed the remedy of an action for retaliatory discharge.
Supreme Court Rule 219(e)—Plaintiff beware; defendant, too By Babette L. Brennan General Practice, Solo, and Small Firm, March 1999 A party shall not be permitted to avoid compliance with discovery deadlines, orders or applicable rules by voluntarily dismissing a lawsuit.
A survey of federal conservation programs By James D. Cottrell Agricultural Law, November 1999 In recent years, a number of programs have become available to the agricultural community and others, whose objective is conservation.
Sustainable development: Gaining a competitive advantage By Dixie Lee Laswell Corporate Law Departments, October 1999 Sustainable development is a very broad concept affecting most aspects of our lives. Sustainable development was first defined by the Brantland Commission's "Our Common Future," which was a report of the World Commission on Environment and Development in 1987.
Taking aim at wrongful convictions: The time has come to record the process, not just the product, of interrogation By Gregory W. O’Reilly Criminal Justice, July 1999 Recording the interrogation process will deter abuses, limit frivolous complaints about alleged abuses, and help restore confidence in the fairness and accuracy of the criminal justice process.