Section Newsletters

Articles From 1999

Dispositions of petitions for leave to appeal By Donald R. Parkinson Criminal Justice, January 1999 On Tuesday, October 6, 1998, the Illinois Supreme Court announced the fate of 614 petitions for leave to appeal.
Does the Illinois Department of Transportation have the authority to set a statewide speed limit? By Alan T. Saeger Traffic Laws and Courts, June 1999 On November 28, 1995, President William J. Clinton signed legislation which repealed the federally-mandated 55 mph speed limit, a relic of the 1973-74 Arab oil embargo later modified to permit 65 mph on certain highways, effective on December 8, 1995.
Domestic violence orders of protection: What both civil and criminal practitioners need to know By Gina L. Maus General Practice, Solo, and Small Firm, January 1999 Whether the nature of your law practice is largely civil, criminal or a combination of both, it is likely you have been introduced to the Domestic Violence Order of Protection.
Donating bodies to science By Deanne Morgan, J.D. Trusts and Estates, May 1999 On occasions, a client may express a desire to donate his or her body to science.
The double helix: ID 2000 By Daniel M. Moore Elder Law, November 1999 It can't be forged. It can't be lost. It's good for our lifetimes--and even beyond. It courses through our veins, it's in our bones and in every cell of our bodies, and each of us has a very unique one.
Driving relief—explaining those arrests … By David K. Harris & Robert Barewin General Practice, Solo, and Small Firm, August 1999   A common basis for denial of driving relief by the Illinois Secretary of State is a finding that the driver's claimed "typical pattern of drinking" is inconsistent with multiple arrests. The following letter from the evaluator is a good example of how to address such finding at the next hearing.
Drug testing in schools: A guide for Illinois school boards By Amy Merritt Child Law, February 1999 This is an article in an ongoing cooperation between the ISBA Child Law Section, Northern Illinois University College of Law, and the students of Professor Lawrence Schlam's Child Law Seminar in publishing at least one article in each issue of the section newsletter on practical and informative current topics of interest to Child Law practitioners in Ilinois.
The duty of a bank customer to discover and report unauthorized signatures is prerequisite to suit By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, January 1999 On June 1, 1998, the First District Appellate Court held that section 4-406(f) of the revised Illinois Uniform Commercial Code (hereinafter "UCC") requires a bank customer to notify its bank of unauthorized signature or alteration of an instrument within a year of the bank statement or items being made available to the customer in order for the customer to preserve its right to bring suit against the bank.
Duty to defend: additional insured Insurance Law, October 1999 Alcan United, Inc. (Alcan) entered into a subcontract agreement with Gateway Concrete Forming Systems, Inc. (Gateway), whereby Gateway was to perform subcontracting work for Alcan.
Duty to defend: additional insured Insurance Law, June 1999 Injury to employee of subcontractor arose out of subcontractor's work as a matter of law.
Duty to defend: additional insured Insurance Law, January 1999 Contractor not covered where subcontractor not named as a defendant.
Duty to defend: conflict of interest Insurance Law, December 1999 Louis Hankins d/b/a Louie's Cartage Company (Hankins), brought suit against its insurer, Pekin Insurance Company, seeking a declaration of coverage. Hankins, a trucking terminal, sought coverage for claims for contribution, indemnification and breach of contract to procure insurance brought by Rudolf Express Company (Rudolf), a motor freight carrier.
Duty to defend: conflict of interest Insurance Law, June 1999 Insurer could no longer control the insured's legal representation once insured and insurer became antagonists because of insured's bad faith claim against insurer.
Duty to defend: estoppel Insurance Law, December 1999 State Farm's insured, Gregory Martin, was found guilty in a criminal proceeding for his involvement in setting fire to a building which he owned.
Duty to defend: estoppel Insurance Law, October 1999 Edward Hines Lumber Company operated lumber treatment facilities at sites in Arkansas and Wyoming. In March of 1982, the United States Environmental Protection Agency ("EPA") wrote Hines a letter, advising Hines that it may be a potentially responsible party ("PRP") in connection with contamination at the Arkansas site
Duty to defend: estoppel Insurance Law, June 1999 Co-insurer waived right to contest reasonableness of settlement by refusing to settle or try the case, or challenge reasonableness of settlement amount.
Duty to defend: in general Insurance Law, October 1999 Fred Grossman filed suit against Berg Ladders, Inc. in connection with injuries sustained in a fall from a ladder manufactured by Berg.
Duty to defend: in general Insurance Law, March 1999 A duty to defend exists if the allegations of the complaint alone raise a potential for coverage.
Duty to defend: intentional act Insurance Law, December 1999 Harold A. Abrams and Ron D. Abrams (Abrams) were sued by State Farm Mutual Automobile Insurance Company (State Farm Auto) for allegedly being involved in a scheme to make fraudulent insurance claims.
Duty to defend: intentional act Insurance Law, January 1999 Intent to injure cannot be inferred in cases where a minor insured sexually abuses another minor.
Duty to defend: suit Insurance Law, October 1999 A complaint filed by the EPA pursuant to CERCLA constitutes a "suit."
Duty to defend: tender Insurance Law, October 1999 On December 1, 1991, Tony Savage asked his friend of twenty-five years, Mamie Barnett, to watch his liquor store for him while he ran an errand. Barnett agreed, but while she was at the store, an intruder attacked and injured her. Eight days after the attack, Guild Insurance Agency sent a loss notice to Savage's insurer, Illinois Founders Insurance Company, informing it of the incident.
Duty to defend: tender Insurance Law, June 1999 Owner's and general contractor's sole tender to subcontractor's insurer as additional insureds foreclosed insurer's action for equitable contribution.
Duty to defend: tender Insurance Law, March 1999 General contractor's targeted tender to subcontractor's insurer nevertheless entitles subcontractor's insurer to contribution from general contractor's own insurer due to "other insurance" clause in subcontractor's insurer's policy.
Duty to defend: tender Insurance Law, January 1999 Clause requiring insured to tender suit to other insurer not violative of public policy.
Duty to defend: trigger of coverage Insurance Law, June 1999 Parent's claim of injury from sexual assault of their children occurred at time of assault, even if source of injury was unknown.
The duty to disclose a client’s fraud Ethical issues in civil practice and procedure By Steven G. Pietrick Civil Practice and Procedure, November 1999 What is required of a lawyer who discovers that her client has made a false representation to a court that tends to defraud the court or others?
E-mail and Internet access, essential tools for modern communication By William M. Madden Legal Technology, Standing Committee on, April 1999 Imagine that l0 years ago a member of the ISBA told the executive director that all communications between that member and the ISBA would have to be in writing, and delivered by courier, because the member owned neither a telephone nor a mailbox.
The Economic Espionage Act Of 1996 By Michael P. Avramovich International and Immigration Law, July 1999 The end of the Cold War and the demise of the Soviet Union presaged for many a hope for a new era of peace.
Editor’s column By Malcolm L. Morris Business Advice and Financial Planning, November 1999 As the calendar year draws to its end, the section council is busy laying plans for next year's activities as explained in our chair's column.