Articles From 2002

What did the testator really want? Trusts and Estates, December 2002 How would you distribute this estate?
What do you do if the jury asks about insurance? By G. Bradley Hantla General Practice, Solo, and Small Firm, December 2002 Assume the following factual situation: You have just completed a trial, and the case has been submitted to the jury.
What is a “farm residence” under the Livestock Management Facilities Act? Will we ever know? By Brian Cahill Agricultural Law, April 2002 A case pending in the Fourth District Appellate Court may soon provide insight into what it means to be a "farm residence" within the context of the Livestock Management Facilities Act, 510 ILCS 77/1 et. seq.
What is the proper standard for a motion for a directed finding? People v. Connolly By Daniel T. Gillespie Traffic Laws and Courts, February 2002 In People v. Connolly, 322 Ill. App. 3d 905, 751 N.E. 2d 1219 (2d Dist. 2001), the Illinois Appellate Court articulated the proper standard for ruling on what has, among trial practitioners, been commonly known as a motion for a directed finding at the close of the State's case.
What lawyers want, need and should obtain when it comes to information about law office economics and technology By Paul Bernstein Law Office Management and Economics, Standing Committee on, June 2002 Technology is more complicated then ever before.
What your colleagues are reading Employee Benefits, October 2002 A request to members for favorite Employee Benefits resources resulted in the following:
What’s new in corporate filings and business entity laws By William A. Price Business and Securities Law, July 2002 The following news is an extract from the first quarter update to my treatise Limited Liability Organizations (, which provides detailed url's for the state business entity registration sites from which these notes were gleaned, and a variety of other information on business trust, federal tax, state tax, and drafting issues relevant to the many variants of limited liability business entities.
When are an employer’s “legitimate expectations” pretextual? By Mark E. Wojcik Human and Civil Rights, April 2002 To establish a prima facie case of employment discrimination under the Civil Rights Act of 1964, an employee must prove four things:
When can a disposition of supervision be granted? By Nancy G. Easum Traffic Laws and Courts, February 2002 In general, a disposition of supervision may be granted for petty offenses and misdemeanors.
When do the decisions of public school districts deserve tort immunity? By Sean C. Burke Tort Law, June 2002 Like other local governmental entities, public school districts have long argued that statutory immunity shields them from liability for personal injuries.
When does the 90-day filing requirement to challenge a statutory summary suspension begin? By Larry A. Davis Traffic Laws and Courts, July 2002 In an effort to prevent drivers from filing petitions to rescind months, if not years, after a statutory summary suspension had become effective, often after the suspension had already terminated, the Legislature amended 625 ILCS 5/118.1(b) effective January 1, 1996 to provide:
When experts collide: revisited private By Stanley P. Sklar Alternative Dispute Resolution, March 2002 Recently I was chair of a panel hearing a case relating to a lease dispute that required the testimony of expert witnesses testifying about complex accounting issues.
Where have all the liberals gone? Have they been tribed? By Thomas W. Simon Human and Civil Rights, April 2002 Politics and debate go together. Yet, despite the many political decisions made and actions taken in response to the events of September 11th, they have generated relatively little debate.
Where section 3-1 is applicable to one decedent, courts must apply that section to the estate of all individuals determined to have died simultaneously By Nigel Smith Trusts and Estates, November 2002 As we face uncertain times during which the unwelcome subject of death may invade our collective thoughts more frequently, the question of how courts distribute the property of decedents who die simultaneously may also arise.
Which beneficiaries pay estate taxes? By Donald A. LoBue General Practice, Solo, and Small Firm, August 2002 Do beneficiaries share the cost of estate taxes in amounts proportionate to their share of an estate? According to a recent third district opinion, In Re: Estate of Robert L. Maierhofer, deceased, Case No. 3-01-0428, this is frequently not the case.
White House study examines economic effects of U.S tort system Corporate Law Departments, May 2002 A new report released in April by the chairman of the President's Council of Economic Advisers examines who pays for excessive litigation in the U.S. and what the effect of that litigation is on prices and wages
Will Adam Smith’s statement be retired from trials? By John L. Conlon December 2002 A hoary but effective quote that government and plaintiff's counsel frequently use in their briefs and at trials in antitrust cases is Adam Smith's classic statement in the Wealth of Nations:
Will the collapse of Enron end the synthetic lease? By Jack H. Tibbetts Real Estate Law, October 2002 The collapse of Enron raises the issue of the propriety of using synthetic leases to keep the cost of purchasing real estate from the corporate reports of profit. The synthetic lease is used to purchase property by financing it as a lump sum payment in the future and paying the interest on the loan during the current years.
Winner take all: recovery of fees for fee litigation in Illinois By Andrew R. Schwartz Family Law, April 2002 After a lengthy marriage and bitter divorce, the court enters a judgment for dissolution of marriage.
Women candidates for the judiciary By Graciela Mata Women and the Law, March 2002 Running for office requires a great deal of courage. Campaigning can be physically and financially draining.
Women Everywhere: Partners in Service Project May 17, 2002 By Kimberly J. Anderson Young Lawyers Division, April 2002 Plant flowers, paint a fence, or show women how to navigate the court system to obtain an order of protection.
Women Everywhere: Partners in Service project May 17, 2002 By Kim Anderson Women and the Law, March 2002 Plant flowers, paint a fence, or show women how to navigate the court system to obtain an order of protection.
Women in Afghanistan By E. Lynn Grayson Women and the Law, March 2002 Since the tragic events of September 11, Americans have developed keener awareness of the political struggles within Afghanistan, including the plight of women.
Words & phrases index of cases Insurance Law, November 2002 Insured not entitled to advertising injury coverage for complaint alleging theft of trade secrets.
Words & phrases index of cases Insurance Law, February 2002 "Infringement of title" does not encompass solicitation of customers who were identified because of prior cooperation with another company.
Workers’ compensation and the 9/11/01 terrorist attack (Part I) By Donald T. DeCarlo Corporate Law Departments, January 2002 There are few if any who have escaped the tragedy of the terrorist attacks on the World Trade Center, Pentagon and/or plane crash in Pennsylvania.
Workers’ compensation—more on workplace stress (Part II) By Donald T. DeCarlo Corporate Law Departments, January 2002 Time magazine referred to stress as "America's #1 Health Problem," and there is little doubt that things have gone steadily downhill.
The wrong way to implement ADR By Robert E. Wells Alternative Dispute Resolution, November 2002 AT&T found out that there are limits to the manner in which a company may implement a Mandatory Arbitration Provision.
Xperience Windows XP By Nerino J. Petro, Jr. Legal Technology, Standing Committee on, April 2002 The Windows latest operating system (OS) release is called Windows XP (Win XP) and comes in two versions: home and professional.
YLD donates funds for children’s waiting room Young Lawyers Division, December 2002 The Young Lawyers Division has done it again! Through the Children's Assistance Program, the YLD has donated a total of $3,500 to help create a new children's waiting room at the Union County Courthouse in Jonesboro, Illinois.