“An all points bulletin”—for ISBA members and othersBy Scott A. BerndtsonLaw Office Management and Economics, Standing Committee on, October 2000The legal profession has a duty to protect the consumers of legal services in Illinois.
All the latest developments in health care lawBy W. Eugene BasantaHealth Care Law, December 2000A decision from the Seventh Circuit Court of Appeals concludes that provisions of the Illinois Health Maintenance Organization Act, 215 ILCS 125/4-10 which require health maintenance organizations (HMOs) to provide a mechanism for review by an independent physician when the patient's primary care physician and the HMO disagree about the medical necessity of a particular treatment and further require the HMO to cover the treatment if deemed by the reviewing physician to be necessary, are mandated contract terms and part of the insurance plan, thereby avoiding preemption under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et. seq.
All the latest developments in health care lawBy W. Eugene Basanta & Michele MillerHealth Care Law, September 2000Justice David Souter, writing for a unanimous Supreme Court, ruled in June that the Seventh Circuit Court of Appeals was wrong when it held that a health maintenance organization (HMO) was acting as a fiduciary when one of its physicians made an adverse treatment decision regarding a patient.
All the latest developments in health care lawBy W. Eugene BasantaHealth Care Law, April 2000On February 29, in a five to four decision, the United States Supreme Court ruled that an Illinois nursing home trade association could not bypass administration review of regulations it objected to and seek immediate judicial review before any enforcement action.
All the rage, and a significant concernBy David LoundyIntellectual Property, June 2000Use of Application Service Providers (ASPs) is a hot topic in computer technology circles, but there are significant concerns that often get overlooked. ASPs are service providers that allow you to remotely access computer software, rather than having to purchase it yourself.
Alphabetical listing of casesInsurance Law, November 2000American Family Mutual Insurance Company v. Martin, 312 Ill.App.3d 829, 728 N.E.2d 115, 245 Ill. Dec. 384 (2nd dist. 2000) Underinsured motorist coverage: stacking(2016)
Alphabetical listing of casesInsurance Law, August 2000Allstate Insurance Company v. Davenport, 309 Ill.App.3d 261, 723 N.E.2d 768, 242 Ill. Dec. 791 (1st dist. 2nd div. 1999) LIFE AND DISABILITY INSURANCE: TOTAL DISABILITY (1182)
Alternative dispute resolution grantsAlternative Dispute Resolution, June 2000Designed to offset a fellow's living expenses while he or she completes the final year of dissertation in anticipation of a doctoral degree.
American Bar Association sanctions use of e-mail for communicating with clientsBy David N. SchafferFamily Law, March 2000The American Bar Association's Standing Committee on Ethics recently issued an opinion (Formal Opinion No. 99-413) regarding the use of unencrypted e-mail, as it relates to compliance with Model Rules of Professional Conduct.
Americans with Disabilities ActEducation Law, June 2000During 1998-1999 term, the United States Supreme Court resolved three pending issues with regard to the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. ("ADA"): (1) the impact of an employee's receipt of disability benefits upon an ADA claim;
Anatomy of a conflictBy Michael R. BerzLocal Government Law, November 2000Local government attorneys must be cautious before representing clients against their former municipal clients.
An annual survey of administrative law of 1999By Terry ShaferAdministrative Law, March 2000"Administrative law" concerns the policy making, rate making, decision making, rulemaking, licensing and other requirements and procedures of administrative bodies, units of local government, and other public bodies.
Antitrust issues in e-commerceBy Steven M. KowalSeptember 2000The e-commerce component of the nation's economy continues to grow at an astounding rate.
Antitrust law moves to the eastBy Russell W. DamtoftSeptember 2000Antitrust continues to spread its tentacles across the globe.
Apparent authorityconfusion aboundsBy Charles W. MurdockBusiness and Securities Law, October 2000Apparent authority is a doctrine which has generated much confusion in the litigated cases. See Murdock, 7 Illinois Practice--Business Organizations §§2.72.9.
Appellate court revisits attorney retaining liensBy Michael A. HallGeneral Practice, Solo, and Small Firm, March 2000It is a fact of life that we sometimes get fired and we sometimes fire our clients. Unfortunately, the reality of client disengagement is often beset with fee disputes.
Appellate court upholds $2.3 million jury verdict In owner operator class action suitBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, September 2000The Illinois Appellate Court has upheld a jury verdict for $2.3 million dollars in an owner operator class action lawsuit that was brought against a motor carrier.
Applicability of Fourth Amendment to administrative hearing evidenceBy Paul E. FreehlingEnvironmental and Natural Resources Law, May 2000On October 28, 1999, Judge Robert Boharik of the Circuit Court of Cook County issued a written memorandum order in Isa Bros., Inc. v. City of Chicago, No. 98 CH 17389.
Arbitration of securities Industry employment disputes in fluxBy James J. MoylanBusiness and Securities Law, June 2000In Gilmer v. Interstate Johnson Lane, 500 U.S. 20, (1991), the United States Supreme Court held that the securities broker-dealer's 62 year old manager's claim for age discrimination under Title VII's Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 et seq.] ("ADEA") must be arbitrated
Athletic participationEducation Law, June 2000A learning disabled student challenged Indiana High School Athletic Association's ("IHSA") rule that limits a student's athletic eligibility to the first eight semesters following the student's commencement of the ninth grade.
Attorney approval provisions—the good faith requirementBy Richard W. KuhnReal Estate Law, October 2000The current trend of Illinois case law gives an attorney broad discretion under most standard form attorney-approval clauses, subject only to the notion of "good faith."
Attorney general issues opinions affecting units of local governmentBy Lynn PattonLocal Government Law, September 2000Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1998)), 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 governmentBy Lynn PattonLocal Government Law, May 2000Under section four of the Attorney General Act (15 ILCS 205/4 (West 1998)), 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 on the State Gift Ban ActBy Lynn PattonGovernment Lawyers, April 2000Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1998)), 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.
Attorneys general issue opinions addressing ethical concernsBy Lynn PattonGovernment Lawyers, November 2000Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 1998)), 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
