Procedural glitch concerns lenders to agricultureBy Joseph P. Chamley & James W. EvansAgricultural Law, November 2000With changes in Article 9 effective January 1, 1998, certain agricultural-related continuation statements (UCC-3's) that were previously required to be filed with the county recorder's office must be filed with the Illinois Secretary of State's UCC Division.
Procedure updateBy Carlos A. SaavedraFederal Taxation, August 2000U.S. Supreme Court confirms that, for refund purposes, remittances of wage withholding and estimated tax are deemed paid as of the normal due date of the income tax return.
Procedure updatesBy Carlos A. SaavedraFederal Taxation, April 2000On December 7, 1999, the United States Supreme Court issued its opinion in Drye v. United States (No. 98-1101), 68 U.S.L.W. 4010 (Dec. 14, 1999), holding that a probate disclaimer did not defeat the reach of the federal tax lien over the disclaimed property.
Profile: Judge Gloria G. CocoBy Frank A. DiVitoYoung Lawyers Division, May 2000Domestic violence is well documented as one of the most horrific crimes that can be committed, destroying families, individuals and society.
Proof future lost earningsBy Wayne O. SmithTort Law, September 2000Plaintiffs' lawyers are often faced with the dilemma of whether they have a sustainable case for future lost earnings.
Public hearings on guardianship reform scheduledBy Lee BenezeElder Law, March 2000Equip for Equality, the advocacy organization for disabled persons in the state, has created the Guardianship Reform Project, that is holding several hearings around the state.
Quick reference guide to the Business Corporation Act—Part IBy Timothy E. DugganGeneral Practice, Solo, and Small Firm, May 2000I have not found the Business Corporation Act to be user-friendly. Most of the lack of clarity is due to the organizational problems of drafting the desired flexible inter-related and alternative methods of corporate organization, operations, and flow of authority.
Real Estate Transfer Tax Law: implementation of Public Act 91-555By Karen Alice KloppeState and Local Taxation, April 2000Public Act 91-555, which amends the Real Estate Transfer Tax Law, takes effect on January 1, 2000. (See 35 ILCS 200/31-1 through 31-70.) This act makes changes in the content of transfer declarations and authorizes the use of electronically produced transfer declarations approved by the department.
Reasonable accommodation: A new battleground in employer/ employee disputesBy Donald A. LoBueGeneral Practice, Solo, and Small Firm, December 2000Whether or not illnesses and injuries constitute a disability within the meaning of the Americans with Disabilities Act (ADA) and whether or not the employer provided mandated reasonable accommodation has become an active, new battleground in employer/employee disputes.
Recent amendments to the Illinois Power of Attorney ActBy James F. DunnebackReal Estate Law, October 2000The General Assembly recently amended the Illinois Power of Attorney Act, 755 ILCS 45§2-1, et. seq. The amendments (P.A. 91-790), which are significant, became effective for all durable powers of attorney executed on or after June 9, 2000.
Recent appellate court casesBy David P. Bergschneider & Donald R. ParkinsonCriminal Justice, February 2000On March 27, 1993, the state filed a complaint alleging that defendant had possessed less than fifteen grams of a substance containing cocaine.
Recent appellate court opinion in briefBench and Bar, July 2000People v. Smit, 312 Ill. App. 3d 150 (1st Dist. 2000, Wolfson, J.), is one of those opinions that can be read and reread, and despite its brevity, it leaves lingering questions.
Recent appellate court opinions in briefBy Alfred M. Swanson, Jr.Bench and Bar, October 2000What level of investigation is required to defeat an allegation of ineffective assistance of counsel?
Recent appellate court opinions in briefBench and Bar, September 2000Plaintiffs filed a personal injury complaint against defendants in the circuit court of Cook County, which operates a mandatory arbitration program pursuant to supreme court rules.
Recent appellate court opinions in briefBench and Bar, August 2000Defendant merit board ordered the discharge of plaintiff deputy sheriff for absenteeism and job abandonment. On administrative review, the circuit court reversed.
Recent appellate court opinions in briefBench and Bar, June 2000This is another Second District Appellate Court opinion telling appellate counsel to follow the appellate practice rules.
Recent appellate court opinions in briefBench and Bar, April 2000People v. Patterson, 308 Ill. App. 3d 943 (2nd Dist. 1999, McLaren, J.). The issue on appeal concerned whether defendant's $6,000 was subject to forfeiture.
Recent appellate court opinions in briefBench and Bar, February 2000In re Marriage of Duffy, 307 Ill. App. 3d 257 (2nd Dist. 1999, Hutchinson, J.). The marriage of Michele and Phillip produced one child, born in the mid-1990s.
Recent casesBy Barry H. GreenburgFamily Law, October 2000The issue presented to the court was whether the Parentage Act conferred on the court all powers found in the Marriage Act, which the court found that it did not.
Recent casesBy Terry ShaferAdministrative Law, May 2000The Department denied plaintiffs' applications for private detective licenses for failure to meet statutory qualifications.
Recent casesBy Terry ShaferAdministrative Law, April 2000In a published opinion, the Second District reversed the circuit court and remanded for further proceedings Christopher Brazas' appeal from a Property Tax Appeal Board decision (PTAB).
Recent casesTraffic Laws and Courts, March 2000Supreme Court Rule 415(g)(i) authorizes a trial court to impose sanctions for a party's inadvertent failure to follow discovery orders.
Recent casesBy Barry H. Greenburg & Jacalyn BirnbaumFamily Law, January 2000Appellate court reversed trial court's denial of public guardian's motion to withdraw on the basis that public guardian had failed to identify any conflict in his representation.
Recent criminal law cases decided by the Illinois Supreme CourtBy Michele M. JochnerGeneral Practice, Solo, and Small Firm, September 2000In this case, the State appealed from a decision by the appellate court that permitted defendant to challenge the length of his prison sentence without first filing a motion to withdraw his guilty plea.
Recent decisionsTrusts and Estates, November 2000In re Estate of Lind, No. 3-99-0708, decided July 13, 2000, by the Third District poses the question as to whether a college can be forced to give up a bequest that reaches probate after a decision was made to close the school.
