Section Newsletters

Articles From 2001

School district settles EEOC lawsuit challenging early retirement program Education Law, June 2001 A Kansas City school district recently settled an EEOC lawsuit challenging the district's early retirement program under the ADEA.
School had broad authority to control its own speech Education Law, June 2001 Governmental employers have limited authority to regulate the speech of public employees when that speech concerns matters of public interest.
School uniform policy withstands constitutional challenge Education Law, June 2001 The United States Court of Appeals for the Fifth Circuit recently upheld a constitutional challenge to a Louisiana school district's policy requiring students to wear uniforms.
Search better By James Bumgarner Legal Technology, Standing Committee on, December 2001 Long ago, for searching the Internet, there was Gopher (http://www.infospace.com/info.gopher/), and Yahoo (http://www.yahoo.com/).
Second District Appellate Court rules local zoning boards not required to engage in environmental consultation with IDNR By Robert T. Lawley Administrative Law, March 2001 In December, 1998 the Second District Appellate Court decided Pierce Downer's Heritage Alliance v. Village of Downers Grove.
Second District declares right to cross-examination in zoning hearings By Christian Spesia Local Government Law, March 2001 A recent decision by the Second District Appellate Court in People ex rel. Klaeren v. Village of Lisle, No. 2-99-1256 (October 13, 2000) holds that statutory procedural requirements provide a right for cross-examination of witnesses in municipal zoning hearings.
Second gear on the information superhighway: slightly advanced Internet navigation By Karl Menninger Elder Law, June 2001 In the last newsletter, there was an introductory article on computers and the Internet (Easing on the to Information Superhighway: Internet Basics, Elder Law, Vol. 5, No. 3).
Secretary of State Jesse White’s business legislation (Senate Bill 725), effective July 1, 2001 By Lin Hanson Corporate Law Departments, August 2001 1. There has sometimes been a problem that names chosen for not-for-profit corps tend to imply that the entity is for profit. Example: West Side Dental Clinic.
Secretary of State now reports DUI supervision to other states By James J. Ahern Traffic Laws and Courts, December 2001 Illinois lawyers representing clients charged with DUI should be aware of a new practice of the Illinois Secretary of State which may have far reaching consequences to those clients.
The section 155 remedy By James T. Nyeste Insurance Law, April 2001 Section 155 of the Illinois Insurance Code (215 ILCS 5/155) creates an extracontractual remedy for "vexatious and unreasonable" conduct by insurers, providing:
Section announces The Policy —Internet version Insurance Law, June 2001 Be sure to check out the new version of The Policy Index, www.schiffhardin.com/thepolicy.nsf. The new Lotus Notes® database has replaced the old static "html" file that had been current only through 1999.
Selecting a microphone for use with voice recognition software By Adrienne W. Albrecht Legal Technology, Standing Committee on, June 2001 Users frequently complain that the same voice recognition software that works wonderfully for others simply will not recognize their voice when they try to use it.
Sellers beware: buyer’s remedies for defective homes By Donald A. LoBue General Practice, Solo, and Small Firm, September 2001 There have been significant gains in the consumer protection afforded home buyers over the last decade.
A seller’s lot: real estate sales under the Illinois Residential Real Property Disclosure Act By Mark G. Hanley & Mark C. Zimmerman Real Estate Law, October 2001 In general, the Illinois Residential Real Property Disclosure Act (hereinafter "the disclosure act") requires a seller of a residential property to disclose to a prospective buyer any material defects in the property of which the seller has actual knowledge.
Seventh Circuit addresses content of The Statutory Notice Of Election To Rescind under the llinois Securities Law of 1953, as amended By James J. Moylan Business and Securities Law, January 2001 A unique feature of the civil liability provisions in Section 13 of the Illinois Securities Law of 1953, as amended (815 ILCS 5/13) ("Act"), is that the plaintiff/purchaser of the securities must provide the defendant/seller with a written Notice of the Election to Rescind ("Notice") the purchase, "... within six months after the purchaser shall have knowledge that the sale of the securities to him or her is voidable ..."
Seventh circuit affirms that banks have no duty to disclose existence of check kiting scheme By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, April 2001 The Seventh Circuit Court of Appeals recently affirmed a Central Illinois District Court grant of summary judgment by following the majority rule that subject to four exceptions, "a bank has no good faith obligation to disclose a suspected kite or to refrain from attempting to shift the kite loss.
Seventh Circuit deals a blow to affirmative action set-asides for women and minorities in Illinois By Sharon L. Eiseman & Stephen P. Ellenbecker Women and the Law, October 2001 The Seventh Circuit Court of Appeals recently dealt a set-back for set-aside programs implemented by Cook County, Illinois. Builders' Assn. of Greater Chicago v. County of Cook, F. Supp. 2d 1087 (N.D. Ill. 2000), aff'd, 256 F.3d 642 (7th Cir. 2001), involved a Cook County ordinance that required a minimum of 30 percent of the dollar value of public works contracts awarded by the county to go to minority-owned business enterprises (MBE) and at least 10 percent of the value of such contracts to be awarded to women-owned business enterprises (WBE.)
Seventh Circuit expounds on trade secret issues By Michael R. Lied Labor and Employment Law, November 2001 Labor and employment lawyers occasionally run into trade secret issues, often in the context of cases which also involve covenants not to compete.
Seventh Circuit partially closes the FLSA “window of correction” By Michael R. Lied Labor and Employment Law, June 2001 To be exempt from entitlement to overtime pay under the Fair Labor Standards Act, an employee must usually meet certain job duties tests, as an executive, administrative or professional employee, and also be paid on a salaried basis.
Seventh Circuit rejects driver’s breach of contract suit against a motor carrier employer By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, January 2001 The U.S. Court of Appeals in Chicago has rejected an employee's breach of contract and promissory estoppel claims that were based on an employment policy handbook in Workman v. United Parcel Service, Inc., 00-2159.
Seventh Circuit rejects USEPA access/remediation order By Charles J. Northrup Environmental and Natural Resources Law, December 2001 In an interesting opinion that has garnered significant national attention, the United States Court of Appeals for the Seventh Circuit has rejected the United States Environmental Protection's Agency ("USEPA") attempt to obtain a dual access and remediation order pursuant to section 104(e)(5) of CERCLA.
Seventh Circuit reverses withdrawal liability judgment against owners of bankrupt motor carrier By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2001 The U.S. Court of Appeals for the Seventh Circuit has reversed a withdrawal liability judgment against shareholders of bankrupt motor carrier Holmes Freight Lines, Inc. in Central States Southeast And Southwest Areas Pension Fund v. Fulkerson, 238 F.3d 891 (7th Cir. 1/29/01).
A shock to the system By Robin L. Perry Local Government Law, April 2001 "The General Assembly finds that timely attention in medical emergencies saves lives, and that trained use of automated external defibrillators in medical emergency response can increase the number of lives saved.
Should clients be advised to preplan their funeral? By Bill Hilbrick Elder Law, May 2001 Mention the idea of preplanning and thoughts usually turn to paying for a funeral in advance.
Signed sales receipt can document purchase money security interest By Jeffrey D. Cavanaugh Commercial Banking, Collections, and Bankruptcy, November 2001 An Illinois Appellate Court recently determined that a credit card sales receipt signed by the borrower can adequately document a purchase money security interest in the goods purchased.
Single member LLC better than unincorporated business By Lin Hanson Corporate Law Departments, August 2001 Illinois' amended Limited Liability Company Act now permits single member LLCs.
Size really does matter: a parody on the recent Illinois Supreme Court decisions on the Single Subject Rule By Iamin T. Roublenow State and Local Taxation, February 2001 After weeks of failing to make heads or tails out of the recent Illinois Supreme Court decisions on the Single Subject Rule, this author, in a rare moment of enlightenment, was finally able to reconcile these decisions by concluding that "size really does matter."
Smithberg v. The Illinois Municipal Retirement Fund et all By William J. Scott, Jr. Family Law, January 2001 In an opinion filed August 10, 2000 the Illinois Supreme Court reached a familiar conclusion, this time with respect to death benefits payable by the Illinois Municipal Retirement Fund (IMRF).
Software piracy, licensing and compliance: one copy— multiple users By Robert N. Kamensky Business and Securities Law, January 2001 It usually starts with a former or disgruntled employee who, either out of revenge or pangs of consciousness, makes a phone call to one of the many anti-piracy hotlines
Some final thoughts Business Advice and Financial Planning, June 2001 As noted in the Chair's column, this is my final edition as editor of The Counselor.