Underinsured motorists coverage: stackingInsurance Law, January 1999"Out of state" coverage provision in UIM coverage does not act as choice-of-law provision; therefore UIM limits cannot be stacked on top of benefits already received, where benefits received equaled UIM limits.
Upcoming seminar—“Practical Fundamentals of Judging”Administrative Law, May 1999On May 6-8, 1999, the National Association of Administrative Law Judges and the ABA National Conference of Administrative Law Judges will present an important and informative seminar.
UPDATE CENTRALGeneral Practice, Solo, and Small Firm, March 1999Intel has introduced the Pentium III computer with a 500 megahertz processor chip.
UPDATE: U. S. Justice Department drops section 4734 appeaBy Lee BenezeElder Law, April 1999The infamous section 4734 of the Balanced Budget Act, usually referred to as the "granny's legal advisor goes to jail" clause is in the news again, perhaps for the last time.
U.S. District Court finds Carmack Amendment claim against property broker does not preempt state law claimsBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, December 1999In Custom Cartage, Inc. v. Motorola, Inc., 1999 WL 89563 (N.D. Ill. 2/16/99), Custom filed a declaratory judgment suit against Motorola in the U.S. District Court for the Northern District of Illinois wherein it asserted that because it was a property broker, it owed nothing to Motorola after one million dollars worth of goods were stolen from a truck which Custom had hired to move Motorola's freight from Harvard, IL to Miami, FL.
U.S. District Court grants partial summary judgment against contract carrier in Carmack Amendment litigationBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, December 1999In Custom Cartage, Inc. v. Motorola, Inc., 1999 WL 965686 (N.D. Ill., 10/15/99), Motorola brought a Carmack Amendment claim under 49 U.S.C. §14706(a)(1) against J&P Transport and moved for summary judgment against that entity as the originating carrier on a load of telephones that moved from Harvard, IL and to Miami, FL and was short one million dollars worth of cargo on arrival at destination.
U.S. Supreme Court resolves issue in federal removal caseBy Michael Todd ScottCorporate Law Departments, October 1999In Ruhrgas v. Marathon Oil Co., (May 17, 1998), the Supreme Court addressed the issue of whether subject-matter jurisdiction must be decided before personal jurisdiction in removal cases.
U.S. Supreme Court rules on new value (or does it?)By John C. MurrayCommercial Banking, Collections, and Bankruptcy, December 1999In an 8-1 opinion issued on May 3, 1999, the U.S. Supreme Court held in Bank of America National Trust & Savings Association v. 203 N. LaSalle Street Partnership, ___U.S.___, 119 S.Ct. 1141 (1999), that old equity holders were disqualified from participating in a "new value" bankruptcy reorganization plan over the objection of a senior class of impaired creditors, where the opportunity to contribute new capital and receive ownership interests in the reorganized entity was given exclusively to old equity holders without consideration of alternatives.
U.S. Supreme Court rules that Daubert factors apply to all experts, not just scientistsBy Michael Todd ScottCorporate Law Departments, April 1999In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the U.S. Supreme Court confirmed the trial judge's role as a "gatekeeper" in regards to the admissibility of expert testimony and held that Rule 702 of the Federal Rules of Evidence governs the admissibility of novel scientific evidence.
Use immunity/hearsay exception ‘Gangbangers’ exception v. cross-examinationBy John CorkeryCriminal Justice, November 1999Questions recently have arisen about a new criminal evidence statute entitled "Admissibility of prior statements when witness refused to testify despite a court order to testify."
Use of “pay-back” trusts for the disabled clientBy James M. LestikowBusiness Advice and Financial Planning, November 1999When planning for a disabled client it is important to recognize techniques that will preserve assets while allowing the client to become or remain eligible for Public Aid assistance and other government benefits such as Social Security disability income
Use of Requests to Admit in summary suspension hearingsBy J. Brick Van Der SnickTraffic Laws and Courts, June 1999This article will outline the impact and benefits of using the Request to Admit Facts in a summary suspension proceeding and will highlight the case law on this point.
Useful law summariesBy Herbert J. KleinBusiness Advice and Financial Planning, September 1999The Illinois Legislature enacted Public Act 90-737, the Illinois Governmental Ethics and Gift Ban Act.
Using 735 ILCS 5/2-203.1 service by special order of courtBy Dawn R. HallstenGeneral Practice, Solo, and Small Firm, November 1999When a defendant attempts to evade service or a defendant moves without a forwarding address and cannot be located, a plaintiff has the option to move for leave to serve the defendant under section 203.1.
View from the benchBy Judge Sophia H. HallChild Law, December 1999Do we as adults have a responsibility for children other than those in our family?
View from the chairBy James M. LestikowBusiness Advice and Financial Planning, November 1999Just a short note for this issue to let you know that your section council is alive and well.
View from the chairBy James M. LestikowBusiness Advice and Financial Planning, September 1999There are big shoes to fill, figuratively speaking, at the head of this section council. Stuart Wolf has done an excellent job of keeping us focused on the things that our members have come to expect most, a great newsletter (edited by Malcolm L. Morris again this year) and a thought provoking collegium in both Chicago and Springfield.
View from the chairBy Stuart H. WolfBusiness Advice and Financial Planning, April 1999I am pleased to report that the 10th Annual Collegium was a huge success.
A view from the chair:By Vickie GillioEducation Law, November 1999When I first joined the ISBA, this council was called the School Law Section. It was often referenced as one of the more arcane areas of law, as contrasted to areas such as Family Law or Tort Law.
Violation of a safety rule is a defenseBy Kim E. PresbreyWorkers’ Compensation Law, January 1999In the case of Timothy Saunders v. The Industrial Commission, The appellate court has once again attempted to further define the issue of are arising out of and in the course of employment.
The virtual law firmBy Paul BernsteinLaw Office Management and Economics, Standing Committee on, June 1999The virtual law firm is upon us. Basic to the virtual law firm is the use of Internet resources.
What is a carried working interest?By Curt LackeyMineral Law, April 1999One of the most commonly misused and misunderstood concepts in the oil and gas industry in Illinois is that of a "carried working interest."
What is inadvertence?By Steven R. McMannonCivil Practice and Procedure, May 1999735 ILCS 5/2-616(d) bars suit against anyone not named in the suit before the statute of limitations expires, unless, inter alia, the failure to join the party as a defendant was "inadvertent."
What might lie ahead with Illinois RFRABy Janet N. Petsche & Eric J. FuglsangLocal Government Law, November 1999"Will police officers be allowed to refuse to guard abortion clinics based on their religion?"
When are PBT test results admissible?By Daniel T. GillespieTraffic Laws and Courts, April 1999In People v. Davis, 296 Ill. App. 3d 923 (3d Dist. 1998), the Illinois Appellate Court addressed the issue of whether the results of a preliminary breath screening test (PBT) can be introduced by the state at a hearing on a motion to suppress evidence and quash the arrest for driving under the influence of alcohol.
