Articles From 2001

From the outgoing chair By Michael F. O’Brien Human and Civil Rights, June 2001 The review of proposed legislation affecting Human Rights has historically been a primary function of this section council.
GEE? No, GED! By Terrence M. Madsen Child Law, October 2001 Consider the following two paragraphs from the same judgment of dissolution. The first paragraph appears under a section of the incorporated settlement agreement entitled "Maintenance."
Gender fairness roundtables to be held in early 2002 Women and the Law, December 2001 Are judges ensuring that gender bias does not occur in their courtrooms? Have bar associations paid sufficient attention to gender bias issues in continuing legal education courses?
Getting started on the road to getting organized By Paul Bernstein Law Office Management and Economics, Standing Committee on, August 2001 The fact is that lawyers deal with so much information, that often we are in a panic when it comes to "unexpected," overlooked or forgotten deadlines and details (ours and others in our firm).
Getting to know your council members Child Law, March 2001 Kulmeet S. Galhotra is an assistant public defender currently assigned to the felony trial division of the Cook County Public Defender's Office.
Gift splitting can cost OFOBI deduction on 706 By Mike Drone Agricultural Law, May 2001 The Qualified Family Owned Business Interests deduction allowed by IRC sec. 2057 is available to qualifying estates with farms or closely held businesses
Girls and science ­ meet InnerLink By Susan Lynam Women and the Law, October 2001 Susan Witt, the past chair of the Women and the Law Committee, would like to introduce you to a small (for now) company located in Lancaster, Pennsylvania, called InnerLink.
Governmental tort immunity— claims for willful and wanton misconduct are reinstated by the legislature By Scott B. Gibson Tort Law, September 2001 Absolute governmental tort immunity pursuant to the supervision statute continues to be misapplied and confused by practitioners and the judiciary alike due to the closely intertwined and simultaneously conflicting actions by the Illinois Supreme Court and the Illinois State Legislature.
Grandparents raising grandchildren update By Naomi H. Schuster Elder Law, October 2001 Earlier this year the Elder Law Section Council presented a program entitled "Introduction to Grandparents Raising Grandchildren."
HB 812 analysis Alternative Dispute Resolution, June 2001 Amends the Unemployment Insurance Act by repealing section 1200, which provides for: (1) That no fee may be charged a claimant in a proceeding under the Act by the Director; (2) that claimants may be represented by counsel in any administrative proceeding; and (3) that specified violations of section 1200 are Class A misdemeanors.
Help for judges and attorneys is here when calculating child support, alimony, the impact of taxes in dissolution cases By Frank Gembala Legal Technology, Standing Committee on, June 2001 At a recent continuing Judicial Education program presented by the Illinois Judicial Conference, 62 judges from throughout Illinois who preside over domestic relations dissolution of marriage cases gathered to fine tune and share their collective knowledge on how best to resolve financial issues.
HIPAA: changing health care operations as we know it By Robert S. Spadoni & Ryan D. Meade Business and Securities Law, January 2001 The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") continues to loom large in its impact on the health care industry.
Hon. William G. Clark, former chief justice, former attorney general, former legislator died August 17, 2001. By Michele M. Jochner Bench and Bar, October 2001 Former Illinois Supreme Court Justice William G. Clark died at age 77 on August 17, 2001.
Hot off the presses Government Lawyers, October 2001 The Handbook of Illinois Administrative Law is now available for purchase from the Illinois State Bar Association.
Hot topics: did you know that disciplinary suspensions of less than one week can jeopardize an salaried employee’s exempt status from the overtime requirements of the Fair Labor Standards Act? By Kevin D. Eack Labor and Employment Law, November 2001 This issue has brewing for some time for employers. In Auer v. Robbins, 519 U.S. 452, 117 S.Ct. 905 (1997), the U.S. Supreme Court reviewed the policy and practices of the St. Louis Metropolitan Police Department regarding this issue.
How far can they go? By David Spagat General Practice, Solo, and Small Firm, December 2001 From time to time the practitioner is consulted with a proposition from a client of long standing as to what that person should do and where might he go to effectively assist in the redress of a situation he witnessed that demanded remedial action for himself or for the victim for which he was concerned.
How soon we forget! Under proposed ISBA mandatory malpractice insurance proposals, insurance companies, not Illinois Supreme Court, will determine how law is practiced. By John T. Phipps General Practice, Solo, and Small Firm, November 2001 In the mid '80s the availability of reasonably priced malpractice insurance became a major crisis for Illinois lawyers.
How to create fractions in Word and WordPerfect without using the math feature By Marilyn Monrose Legal Technology, Standing Committee on, June 2001 You don't need to use the Math features in Word and WordPerfect to create fractions.
How will certification affect young lawyers? By Anthony J. Jacob Young Lawyers Division, January 2001 Your ISBA is currently considering whether to implement a certification program for estate planning, trust and probate lawyers.
IDES report By Glenn R. Gaffney Labor and Employment Law, June 2001 Our proposed legislation to repeal the statute making it a Class A misdemeanor for an attorney to charge a fee on behalf of a claimant before the Illinois Department of Employment Security (HB 812) was sponsored by Jay C. Hoffman (D), 112th Representative District, 126 Vandalia, Suite 1, Collinsville, Illinois 62234 (618-345-2176).
IDHR stakeholder survey By Nile J. Williamson Labor and Employment Law, June 2001 Because the Labor and Employment Section Council of the Illinois State Bar Association meets approximately four to five times a year it was not possible to respond to the IDHR stakeholder survey until now.
“If being a salesperson were a crime, would there be enough evidence to convict you?” By Linda Brakeall Corporate Law Departments, June 2001 You may think of yourself as a lawyer or an attorney, rather than a salesperson, but if you're not selling your services daily, chances are you won't be one for long!
If it walks like a duck … Fifth District upholds State’s position that a person operating a Landfill is the “operator” Environmental and Natural Resources Law, January 2001 The Fifth District Appellate Court has decided that a person can be held accountable as a landfill operator even if he has never signed a permit application claiming to be the operator.
Illinois Appellate Court allows motor carrier to pursue claim for cargo damage By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2001 The Illinois Appellate Court for the First District has reversed a trial court ruling that barred auto carrier Cassens Transportation from recovering for cargo damage it suffered in a highway crash with J.B. Hunt Transport and American Boat Carriers in Behn v. Eppard, No. 1-99-1478 (2001 WL 314691 decided March 30, 2001).
Illinois appellate court allows motor carrier to pursue claim for cargo damage By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2001 The Illinois Appellate Court for the First District has reversed a trial court ruling that barred auto carrier Cassens Transportation from recovering for cargo damage it suffered in a highway crash with J.B. Hunt Transport and American Boat Carriers in Behn v. Eppard, No. 1-99-1478 (2001 WL 314691 decided March 30, 2001).
Illinois appellate court embraces “inevitable disclosure” doctrine in trade secrets case By Steven L. Baron Intellectual Property, February 2001 On December 6, 2000, the Illinois Appellate Court, First District, issued an opinion in the case of Strata Marketing, Inc. v. Murphy, No. 1-99-2749, ___ Ill.App.3d ___, ___ N.E.2d ___ (1st Dist. 2000), in which the court embraced the "inevitable disclosure" doctrine.
Illinois appellate court recognizes claim for retaliatory discharge relating to filing for unemployment benefits By Michael R. Lied Labor and Employment Law, November 2001 On a number of occasions the Illinois Supreme Court has cautioned the lower courts against expanding the tort of retaliatory discharge.
Illinois Association of School Administrators’ digest of education-related legislation that passed both houses of the Illinois General Assembly during 2001 By Marcy Dutton Education Law, December 2001 The bill allows school boards of districts that maintain grades 10 through 12 to award diplomas to honorably discharged veterans of World War II or the Korean Conflict who left high school before graduating in order to serve in the armed forces of the United States and who have not received a high school diploma.
Illinois circuit court: complete liquidation proceeds are non-business income By Garland Allen, Louise Calvert, & Reena Khosla State and Local Taxation, June 2001 On January 24, 2001, reversing an administrative decision of the Illinois Department of Revenue ("IDOR"), the Circuit Court of Cook County held that gain recognized on a complete liquidation was non-business income, notwithstanding Illinois' adoption of the "functional test" of business income. Blessing/White, Inc., et al., No. 99 L 51087.
Illinois Consolidated Telephone: The future of unexplained and idiopathic fall classifications By Lee Vasilatos & Anita M. DeCarlo Workers’ Compensation Law, March 2001 In the recent case of Illinois Consolidated Telephone Co. v. Industrial Commission, 314 Ill.App.3d 347, 732 N.E.2d 49 the claimant had left her work area on the first floor to use the only women's restroom which was located on the second floor.