Articles From 2000

Co-editor’s note By John L. Nisivaco Tort Law, September 2000 This issue begins with a letter to the editor from Curt N. Rodin regarding Judge Barbara McDonald's article "Is Aggravation of a Pre-existing Condition a Separate Element of Damage?"
Co-editor’s note By John L. Nisivaco Tort Law, June 2000 Our first article is written by the Honorable Barbara A. McDonald of the Circuit Court of Cook County.
Co-editor’s note By John L. Nisivaco Tort Law, May 2000 This is a special edition of Tort Trends devoted solely to the subject of HMO liability.
Co-editor’s note By John L. Nisivaco Tort Law, March 2000 Our first article is written by Scott D. Lane and Joseph M. Dooley from Lane & Lane in Chicago.
Collegiality creates civility By Roger W. Eichmeier Civil Practice and Procedure, August 2000 Beginning in the mid 1990's a Code of Courtroom Civility was proposed for the purpose of making lawyers engaged in litigation more courteous and respectful toward one another.
Collegium 2000 fact pattern Business Advice and Financial Planning, February 2000 Tiger Wolf, age 51, was the golden boy of your law school class: Law Review, Order of the Coif, and a great work ethic.
Collegium studies law firm organization Business Advice and Financial Planning, September 2000 Two sessions of the 2000 Collegium convened in Chicago and Springfield on March 9 and March 17, respectively.
Coming attractions: In re Hen House Interstate, Inc. Supreme Court grants certiorari By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, March 2000 On November 8, 1999, the United States Supreme Court granted certiorari of the en banc decision of the Eighth Circuit Court of Appeals in Hartford Underwriters Ins. Co. v. Magna Bank, N.A. (In re Hen House Interstate, Inc. ) 177 F. 3d 719 (8th Cir. 1999) cert. granted, 120 S. Ct. 444 (1999).
Comments from the chair By Roger L. Rutherford Legal Technology, Standing Committee on, October 2000 No one will argue with the fact that technology has changed our lives. History will probably record technology at the forefront of the significant accomplishments of the 20th century.
Commercial loan not permissible purpose for credit report By Sandra M. Traicoff Commercial Banking, Collections, and Bankruptcy, October 2000 The Federal Trade Commission ("FTC") recently issued a staff interpretative opinion letter that concludes there is no permissible purpose under the Fair Credit Reporting Act ("FCRA") for a business lender to obtain a consumer report on an individual who is a principal, owner or officer of a business loan applicant or who signs a personal guarantee in connection with a business loan
Community Reinvestment Act By Lewis F. Matuszewich & Benjamin P. Shapiro Commercial Banking, Collections, and Bankruptcy, July 2000 The Financial Modernization Act ("FMA") was signed into law in November, 1999.
The Complete Guide to Mergers and Acquisitions Corporate Law Departments, June 2000 Although there are a record number of mergers and acquisitions taking place, far too many fall short of their financial and strategic goals.
Complying with the State Gift Ban Act By Thomas R. Bearrows Corporate Law Departments, February 2000 The State Gift Ban Act became effective January 1, 1999. Its primary focus is to prevent persons inside state government and related entities from being influenced improperly by those outside state government (i.e., private industry). 
Computer buying checklist July 2000 By John T. Phipps General Practice, Solo, and Small Firm, August 2000 1. The network card seems to be a basic need for a law office as the need to link computers to share information continues to develop.
Computer update: New Pentium IV machines create possible end of year price savings on high performance Pentium III computers By John T. Phipps General Practice, Solo, and Small Firm, December 2000 Intel recently announced the introduction of the Pentium IV or Pentium 4 chip. Several computer companies are now marketing Pentium IV machines with 1.4 GHz speed.
Consider a partial settlement without a waiver of the workers’ compensation lien in work related lawsuits By James W. Yoder Tort Law, September 2000 An employee pursuing a third party lawsuit against one or more parties can effectuate a good faith settlement with his employer and leave in place the employer's lien rights against any recovery from the remaining defendant or defendants.
Consumer “cross-collateralization” clauses held enforceable by the U.S. Fifth Circuit By Joseph P. Chamley Commercial Banking, Collections, and Bankruptcy, November 2000 The United States Court of Appeals for the Fifth Circuit has ruled that a "cross-collateralization for future advances" clause in a consumer transaction is enforceable.
The contact sports exception to negligence By Dennis Ryan, Jr. Young Lawyers Division, August 2000 Does negligence liability have a place in athletic competitions? Can a player on a team be held responsible for injuring another in the course of a game?
Contribution of attorney fees: A procedural analysis of 750 ILCS 5/508(a) of the Illinois Marriage and Dissolution of Marriage Act By David S. Kerpel Family Law, May 2000 From start to finish, the divorce process can be an emotionally draining, physically exhausting process for both the parties involved, and for the attorneys who establish and enforce their parties' rights.
Cook County expands incentives for real estate By Iris E. Sholder State and Local Taxation, July 2000 The Cook County Board of Commissioners, on recommendation of the Cook County Assessor, recently adopted amendments to the Cook County Real Property Classification Ordinance, which expand the availability and benefits of several of the existing tax incentives.
Cook County villages enjoined from using P-tickets By James J. Ahern Traffic Laws and Courts, April 2000 For a number of years, certain villages located within Cook County, Illinois have been using programs to enforce traffic laws which programs are inconsistent with the enforcement of Illinois Vehicle Code.
Corporate compliance/voluntary disclosure or “how to keep your corporate board and officers out of jail and reduce civil judgment exposure” Corporate Law Departments, November 2000 Illinois State Bar Association Corporate Law Departments ("CLD") Section and American Corporate Counsel Association Chicago Chapter ("ACCA") Continuing Legal Education Program Where: The Drake Hotel, 140 E. Walton Pl., Chicago, IL, When: Friday January 19, 2001. 7:45am - 4:30pm Cost: Prior to October 31, 2000: $120 per person for non-ISBA or non-ACCA members
Corporate partnership update By Michael L. English Federal Taxation, October 2000 The Service, in Letter Ruling 200030018, ruled that a trust created for the purpose of holding non-voting stock of an S corporation was an eligible shareholder under section 1361(c)(2)(A)(i).
Costs: an imbroglio for trial courts and practitioners By Patrick M. Kinnally Civil Practice and Procedure, October 2000 What constitutes an allowable "cost" is not subject to any bright line test. In large part, this uncertainty stems from Illinois cost statutes that do not say what "costs" are recoverable.
County reapportionment By Charles Prorok Local Government Law, December 2000 The general election on November 7, 2000 will be the last election under current county reapportionment plans.
Courts must liberally construe statutes granting a right to appeal Administrative Law, May 2000 Less than six months after Carver, a four to three supreme court held that an administrative review proceeding could not be dismissed merely because of a technical error in seeking the issuance of summons.
Courts uphold human rights act changes By Michael R. Lied Labor and Employment Law, April 2000 This article is a bit of a follow-up to the article by Don Rothchild and Richard Bruen, Jr.
Courts void FMLA regulations By Michael R. Lied Labor and Employment Law, September 2000 In Dormeyer v. Comerica Bank-Illinois, 2000 U.S. App. LEXIS 17727 (7th Cir. 2000) the Seventh Circuit Court of Appeals found certain Department of Labor Regulations implementing the Family and Medical Leave Act were improper.
Crisis communications: A mathematical formula for killing rumors By Helio Fred Garcia Corporate Law Departments, December 2000 Every organization, whether a law firm, a corporation, a non-profit, or government, at some time or other faces a crisis that includes rumors.
Crop share rental arrangements and sample lease By Paul A. Meints Trusts and Estates, May 2000 The following Crop Share Lease with provisions for cattle has its origin in the Cooperative Extension's form that was developed many years ago, being updated for items and farming practices that have changed in the interim and which, in it's author's opinion, are outdated or missing in the older format.