Articles From 2002

Care without coverage: too little, too late Health Care Law, June 2002 The fact that a significant number of Americans have no health insurance has been, and continues to be, a key health policy issue facing this country. In May of 2002 the Institute of Medicine (IOM) released a report, "Care Without Coverage: Too Little, Too Late," addressing the plight of Americans without health insurance in terms of their health status and access to health care services.
Carmack preemption bars shipper’s state claims By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, October 2002 The U.S. Court of Appeals for the Eleventh Circuit has affirmed the dismissal of state court causes of action which a couple had asserted against a motor carrier in Smith v. United Parcel Service, 2002 U.S. App. LEXIS 13972, 2002 Fed. Car. Cos. &84,242, decided July 11, 2002.
Carmack removal proper where household goods were stolen from storage By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, October 2002 The U.S. District Court for the Northern District of California has held that removal of a state court complaint arising out of a theft of household goods from storage after a New York to California household goods move was proper in Newens v. ORNA Services, 2002 U.S. Dist. LEXIS 10685, 2002 Fed.Car.
Case comments By Ethel Sypratos Business and Securities Law, December 2002 Whether the Industrial Commission acts outside its statutory authority when it pierces the corporate veil and imposes liability on the stockholders when a company does not pay an award.
Case law notes Criminal Justice, March 2002 The Fourth District Appellate Court recently ruled that homemade crack pipes were not drug paraphernalia under 720 ILCS 600/2(d).
Case law update By Katie Ruder Alternative Dispute Resolution, December 2002 The Appeals court upheld the district court's ruling in confirming an award for the defendant in a rental lease arbitration hearing.
Case law update Government Lawyers, December 2002 The circuit court did not err when it denied defendant's motion to transfer venue in a mandamus action seeking to compel defendant agency to comply with the provisions of the Administrative Procedure Act with regard to a union complaint that "the hospital had failed to comply with the conditions of its construction permit relating to local union issues."
Case law update Workers’ Compensation Law, October 2002 In Navistar International Transportation Corp. v. Industrial Commission, 331 Ill.App.3d 405, 771 N.E.2d 35, the employee had received an award of permanent total disability in December of 1987.
Case law update By Ellen Pauling Child Law, October 2002 State filed a petition against mother seeking termination of her parental rights to five of her children. Trial court found mother unfit as to each of the five children based on "the extended period that the mother had no contact with the children" and then terminated her rights to her two youngest children
Case law update Government Lawyers, August 2002 The provisions of section 3-111(a)(7) of the Administrative Review Law (735 ILCS 5/3-111(a)(7) (West 2000)) do not allow plaintiff to invoke the jurisdiction of the circuit court to seek an untimely review of the Commission's decision and remand the cause for the taking of "newly discovered evidence."
Case law update Government Lawyers, June 2002 Daniels v. Industrial Comm'n, No. 90318 (March 21, 2002). Under section 13 of the Workers' Compensation Act (820 ILCS 305/13 (West 1992)), responsibility for appointing commissioners and for filling vacancies in the office of commissioner of the Industrial Commission is vested in the governor "by and with the consent of the Senate."
Case law update Workers’ Compensation Law, June 2002 Darwin Baggett was a high school industrial arts teacher who collapsed at work.
Case law update By David Adkison Alternative Dispute Resolution, June 2002 United Transport Union sought to enforce an arbitration award pursuant to an act that established arbitration must be used in certain types of grievances
Case law update By David Adkison Alternative Dispute Resolution, May 2002 Richard Bass owned 49 percent of SMG, Inc., while David Shapiro owned 51 percent of the voting stock in Innovative Consultants, Inc. (IC).
Case law update By David Adkison Alternative Dispute Resolution, March 2002 This case involves an employee who signed a binding arbitration agreement as part of his employment application
Case law update By Barry H. Greenburg Family Law, February 2002 Summaries of In Re the Marriage of Street, In Re Jackson v. Newsome and In Re Marriage of Terry.
Case law update By Lynn Patton Government Lawyers, February 2002 Chicago Housing Authority v. Human Rights Commission, No. 1-99-3885 (1st District, October 12, 2001.) Administrative law judge and Illinois Human Rights Commission correctly applied the "mixed-motive" theory of discharge to employee's retaliatory discharge claim.
Case law update By David Adkison Alternative Dispute Resolution, February 2002 A pre-dispute agreement signed by both Cavalier and Jackson stated that punitive damage compensation was prohibited
Case law update and review By Stepfon R. Smith Employee Benefits, May 2002 In this accountant malpractice action, the plaintiffs, to their detriment, relied upon professional tax accounting advice for retirement planning purposes from defendant Deloitte & Touche.
Case law update and review By Amy L. Pauls Employee Benefits, May 2002 In this case, the Seventh Circuit Court of Appeals found that the district court for the Northern District of Illinois had incorrectly held that a funeral home owner had expressly agreed to be bound by a multi-employer plan.
Case law update: By Katie Ruder Alternative Dispute Resolution, November 2002 Plaintiff William Dessart sustained a neck injury and associated shoulder and arm pain as a result of an automobile collision with defendant Lynn Burak. In 1999, a mediation panel evaluated the case at $120,000.
Case notes By William Bradley Colwell & Chris Mattocks Education Law, April 2002 On May 29, 2001, the United States Supreme Court further defined what constitutes a "prevailing party" under federal law for the purposes of collecting attorney fees.
Case notes Criminal Justice, February 2002 Relsolelo v. Fisk, No. 90623 (Supreme Court of Illinois), Illinois Constitution Art I, § 10 does not provide a person with a privilege against self-incrimination in regard to a potential criminal prosecution by a foreign sovereign.
Case summaries By Hon. Morton Denlow, Hon. Michael Kiley, Alfred M. Swanson, & Philip Lading Bench and Bar, November 2002 Cases of interest to Bench & Bar practitioners.
Case summaries By Hon. Lloyd A. Karmeier & Alfred M. Swanson, Jr. Bench and Bar, September 2002 The United States Supreme Court has held that the Minnesota Supreme Court's Canon of Judicial Conduct that prohibited judicial candidates from stating their view on disputed legal or political issues violates the First Amendment (Republican Party of Minnesota, et al. v. White, 2002 WL 1378604 (June 27, 2002) Scalia, J. (Stevens, Ginsberg, Souter and Breyer, JJ. Dissenting)).
Case summaries By Hon. Terrence J. Brady & Alfred M. Swanson, Jr. Bench and Bar, July 2002 This appears to be the first decision in a court of review to specifically hold that after 30 days, a case dismissed for want of prosecution (DWP) may be reinstated, and does not require refiling.
Case summaries By Hon. Michael Kiley & Alfred M. Swanson, Jr. Bench and Bar, May 2002 Plaintiff filed a three-count complaint for injunctive relief alleging that defendant was engaged in the unauthorized practice of law (count I), violated the Uniform Deceptive Trade Practices Act (count II), and violated the Consumer Fraud Act (count III).
Case summaries By Michael Kiley & Alfred M. Swanson, Jr. Bench and Bar, January 2002 Former Judge David Shields was convicted in March 1992 of a felony. Shields sought a refund of all of his contributions to the Judges' Retirement System ($113,222.04).
Cases Insurance Law, November 2002 McDonald's Corporation v. American Motorists Insurance Company, 321 Ill.App.3d 972, 748 N.E.2d 771, 255 Ill. Dec. 67 (2nd dist. 2001) (1334).
Cases Insurance Law, February 2002 Amcor Sunclipse North America ("Sunclipse"), the defendant seeking a coverage declaration, makes corrugated paper products. Sunclipse had a license with Century Container Corporation ("Century") in which Sunclipse agreed to use only Century's graphite liner board for Sunclipse's products.