Recent United States Supreme Court decisionsBy Mary Lee LeahyHuman and Civil Rights, February 2000I remember where I was--I was getting out of my car to go into the Illinois Supreme Court Library--when I heard on the radio that the court had decided Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996).
Recovery for reduced or unpaid medical costsBy Robert T. ParkCivil Practice and Procedure, October 2000Courts in Illinois and elsewhere have long struggled to deal fairly with plaintiffs who benefit from free or low-cost medical services.
Refusal to play—the insurer must payBy David SpagatGeneral Practice, Solo, and Small Firm, December 2000What to do in the pursuit of your valid claim when treated unfairly by your own carrier?
Regulatory changesBy Steven C. PerlisElder Law, March 2000It used to be that somebody going on Medicaid could buy an annuity, so long as it was a single payment, was irrevocable, and met the federal and state life expectancy table requirements.
Remand for presentation of new evidenceAdministrative Law, August 2000Morelli, a Will County deputy sheriff, was terminated by the Sheriff's Office Merit Commission after he was charged with conduct unbecoming an officer and other offenses.
Report from the chairCorporate Law Departments, September 2000The planning for the CLD's January, 2001 Corporate Compliance CLE has been completed and the advertising has started (http://www.isba.org/Sections/Corplaw/cld.html).
Report from the Task Force on the Unauthorized Practice of LawTrusts and Estates, November 2000A subcommittee of the Task Force on the Unauthorized Practice of Law has been established to review information provided to the task force about possible situations involving the unauthorized practice of law regarding estate and trust work.
Restrictive covenants for independent contractorsBy David E. DoyleBusiness and Securities Law, April 2000In the recent case of Eichman v. National Hospital and Health Care Services, Inc., No. 97 CH 13460 (First District, October 18, 1999), the First District Appellate Court, affirming the trial court's decision, held that restrictive covenants contained in an independent contractor's agreement with a company were not enforceable.
Review of important new traffic laws of 91st General Assembly approved by Governor RyanBy James J. AhernTraffic Laws and Courts, October 2000Amends section 11-501 and section 6-303 of the Illinois Vehicle Code to re-enact provisions of Public Act 88-680 that were declared unconstitutional by the Illinois Supreme Court in People v. Cervantes, 189 Ill.2d 80, 723 N.E.2d 265, 243 Ill.Dec. 233 (1999) as violating the single subject provisions of the Illinois Constitution.
Revised Illinois elder law practice handbook publishedElder Law, October 2000The 2000 edition of Advising Elderly Clients and Their Families has recently been published by the Illinois Institute for Continuing Legal Education (IILCLE).
Robinson v. MalkBy Thomas HomburgerReal Estate Law, June 2000In November, 1999, the Illinois Appellate Court sent a strong message to landlords, reminding them of public policy and court precedent dating back to the 1800s, and warning of dire consequences if a landlord takes matters into his own hands by depriving a tenant of leased premises through extra-legal means.
Rule 213 opinion witness case updateBy Daniel P. WurlCivil Practice and Procedure, May 2000The Illinois Supreme court recently passed on its first opportunity to provide some guidance as to the scope of Rule 213(g), which mandates the disclosure of the identity of opinion witnesses and their opinion testimony.
A sales offer with product drawings did not establish on-sale validity for method patentBy John M. AugustynIntellectual Property, March 2000Recently, the U.S. Court of Appeals for the Federal Circuit held that an offer to sell a device (which included drawings of the device but not drawings of the method) did not establish on-sale invalidity because the drawings did not reveal the claimed method.
Saving for a rainy day; The developer’s fiduciary duty to fund capital reservesBy Jordan I. Shifrin & Laurence B. HirschReal Estate Law, June 2000The idea of saving up for a rainy day is hardly a new concept. Ever since the days of receiving an allowance, we have been trained to stash a little something away just in case
SB1658 amends both the Illinois Insurance Code and the Illinois Workers’ Compensation ActBy Patrick A. TallonWorkers’ Compensation Law, August 2000SB 1658, which amends the Illinois Insurance Code, as well as both the Illinois Workers' Compensation Act and Occupational Diseases Act, was passed by both the Illinois House of Representatives and the Illinois Senate on April 13, 2000 at the end of the Spring Session. The bill will be effective January 1, 2001.
School vouchersEducation Law, June 2000In two separate lawsuits, individual taxpayers challenged the Education Expense Credit Act (P.A. 91-9).
SCOR amendmentsBy James J. MoylanBusiness and Securities Law, April 2000The North American Securities Administration Association, Inc. ("NASAA") recently issued revisions to the Small Company Offering Registration ("SCOR") Form U-7 and the related SCOR Issuer's Manual. (Adopted, September 28, 1999).
The SEC opens the door to electronic “road shows”By James J. MoylanBusiness and Securities Law, October 2000The U.S. Securities and Exchange Commission ("SEC" or "Commission") staff recently issued a "no-action" letter, (i.e. the staff will not recommend the initiation of enforcement action to the Commission), to Charles Schwab & Co., Inc. ("Schwab") in connection with its plan to present a "road show" over the Internet prefatory to an initial public offering of securities.
Second Appellate District rule that unconstitutional roadblocks result from the unbridled discretion of police officersBy Larry E. SmithTraffic Laws and Courts, March 2000Even though the Fourth Amendment of the United States Constitution guarantees citizens the right to be free from unreasonable searches and seizures that result from objective and subjectively intrusive roadblocks, some police agencies continue to exercise unbridled discretion in the implementation of unconstitutional roadblocks under the guise of furthering public safety.
Section council activitiesBy Donald R. ParkinsonCriminal Justice, June 2000This has been a very active and productive year for the Criminal Justice Section Council under the leadership of Robert A. Loeb.
Section council hears from George E. DeTella, Associate Director of the Department of CorrectionsBy Donald R. ParkinsonCriminal Justice, June 2000On Saturday, April 15, 2000, George E. DeTella, Associate Director of the Department of Corrections, appeared before the Criminal Justice Section Council. Mr. DeTella outline a number of changes which have occurred at DOC within the last nine months.
Section council seeks international law recommendationsBy Michael J. ChmielInternational and Immigration Law, December 2000The International and Immigration Law Section Council of the Illinois State Bar Association is seeking recommendations from its section for the enactment or amendment of laws which affect the practice of international law in Illinois.
