Supreme Court finds “Migratory Bird Rule” exceeds authority of the Federal Clean Water ActBy Chuck GunnarsonEnvironmental and Natural Resources Law, July 2001On January 9, 2001 the United States Supreme Court issued an opinion addressing a controversial rule used by the United States Army Corps of Engineers ("Corps") to regulate the use of certain types of wetlands for nearly fifteen years.
Supreme court holds HMOs may be liable for institutional negligenceBy Daniel P. WurlTort Law, March 2001While it is common knowledge that a health care institution can be vicariously liable for the negligent acts or omissions of its employees and agents under the doctrine of respondeat superior, litigators sometimes overlook a claim against the health care institution itself for its own independent negligent acts or omissions.
Supreme Court rules cap on damages not applicable to front payBy Michael R. LiedLabor and Employment Law, June 2001In the Civil Rights Act of 1991, Congress expanded the remedies available to Plaintiffs alleging discrimination--for the first time allowing compensatory and punitive damages.
Surface Transportation Board decides last trucking industry “undercharge” case, marking final resolution of the undercharge crisisEnergy, Utilities, Telecommunications, and Transportation, April 2001Surface Transportation Board (Board) Chairman Linda J. Morgan announced that, with the issuance of the Board's decision in the proceeding entitled Shuford Mills, Inc.--Petition for Declaratory Order--Certain Rates and Practices of Willig Freight Lines, Inc., STB No. 42018, the agency has resolved the last remaining case arising out of the trucking industry "undercharge crisis" of the 1990's.
The surprising viability of the self-critical analysis privilege in Illinois federal courtsBy David M. GreenwaldCivil Practice and Procedure, April 2001Engaged in discovery in a products liability action in federal district court, you find in your client's files a detailed "Safety Report" analyzing the cause of injuries suffered during use of the product at issue in your case.
Suspended solids trading receives green light from Illinois Pollution Control BoardBy Sue A. SchultzEnergy, Utilities, Telecommunications, and Transportation, January 2001As anyone who has seen the Mississippi River will attest, it comes honestly by its nickname, "The Big Muddy." The river contains an enormous amount of silt and sediment.
Task Force on Unauthorized Practice of Law updateBy Naomi H. SchusterElder Law, October 2001The Task Force on Unauthorized Practice of Law of the Illinois State Bar Association has participated in or initiated various lawsuits across the state.
Tax court discusses continuity of business enterprise requirementBy John B. TruskowskiFederal Taxation, January 2001In a recent decision, the U.S. Tax Court discussed the continuity of business enterprise, a judicially established and regulatory requirement for tax-free reorganizations.
Tax increment financing (TIF): a worthwhile programBy Kathleen Field OrrBusiness Advice and Financial Planning, June 2001The term "TIF" (tax increment financing) has become a buzz word in the area of economic development and often is believed to be a give-away program to major businesses to add to their already overflowing coffers.
Tax planning opportunities using the new 18 percent capital gain rateBy Edward J. Hannon & Jonathan M. CesarettiFederal Taxation, June 2001The Taxpayer Relief Act of 1997 (the "1997 Act") changed the rate at which federal income tax was imposed on long-term capital gain rates. As originally enacted, the 1997 Act created three rates, a 28% rate, a 25% rate and a 20% rate
Taxes affecting municipalitiesBy Timothy P. DwyerState and Local Taxation, January 2001Earlier this year local government officials were busy sharpening their pencils in an effort to tweak every source of income to fund everyday costs.
Taxes for the general practitionerBy Thomas F. HartzellGeneral Practice, Solo, and Small Firm, September 2001Every member of our firm does income taxes and three members do Federal and State of Illinois estate tax returns.
Taxpayers beware—using consultants may be hazardous to your appeal.By John K. NorrisState and Local Taxation, July 2001Attorneys practicing real estate tax assessment appeals received another favorable opinion reinforcing the proposition that the representation of taxpayers before boards of review (also referred to as "Board" or "Boards" throughout this article) remains the domain of lawyers.
Technology: back to basicsBy Paul BernsteinLaw Office Management and Economics, Standing Committee on, March 2001I started to practice law in 1959. Since the earliest days of lawyers until the 1960s, lawyers and law offices worked with non-electric typewriters and carbon paper.
Ten reasons to be a member of the Administrative Law SectionBy Thomas M. BattistaAdministrative Law, August 2001ISBA immediate past President Herb Franks commented during his inaugural speech that the Illinois Bar Association needs to redouble its efforts.
Third District panel gets the last wordBy Phillip R. Van NessEnvironmental and Natural Resources Law, June 2001In an otherwise unremarkable decision, the Third District Appellate Court has held that last-minute public comments by a landfill siting applicant and a biased staff in the employ of the final siting authority do not render the siting proceedings fundamentally unfair.
Time is moneyBy Nerino J. Petro, Jr.Legal Technology, Standing Committee on, June 2001I recently encountered a small office that is still using the word processor to prepare bills.
Time limit for filing summons in circuit courtBy Richard D. HanniganWorkers’ Compensation Law, October 2001Wal-Mart Stores, Inc. vs. Industrial Commission, No. 1-00-2925WC, was filed by the appellate court on August 9, 2001.
To our readersEmployee Benefits, December 2001Our second newsletter of the 2001-2002 year includes an interesting update regarding recent case law and a review of several Announcements, Notices, Revenue Procedures, and Revenue Rulings from the Internal Revenue Service that pertain to employee benefit plans and retirement programs.
To our readersEmployee Benefits, October 2001Our first newsletter of the 2001-2002 includes an outline regarding the subject of certain provisions of the Economic Growth and Tax Recovery Relief Reconciliation Act of 2001 that pertain to employee benefit plans and retirement programs.
To our readersEmployee Benefits, May 2001Our third newsletter of the 2000-2001 term addresses the subject of the new rules pertaining to the requirement for minimum retirement distributions from Individual Retirement Accounts ("IRAs") and tax-qualified retirement plans for employees over the age of 70-1/2 and to beneficiaries of deceased IRA owners and plan participants.
The top events of 2000: AARPBy Lee BenezeElder Law, February 2001AARP has released a list of its top events and issues for the year 2000 which had the most significant impact on older Americans.
Total maximum daily loads: a roadmap for water qualityBy Ivan J. Lieben & Craig A. MelodiaEnvironmental and Natural Resources Law, July 2001The goal of the Federal Water Pollution Control Act of 1972, later renamed the Clean Water Act (CWA), is to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters."
Total maximum daily loads: Destination IllinoisBy Margaret P. HowardEnvironmental and Natural Resources Law, July 2001This article briefly discusses the impaired waters found in Illinois, the causes of those impairments, and the Illinois EPA's options for achieving the TMDLs that are presently being developed.
