Articles From 2002

Defendant sanctioned for failure to adequately participate in mediation By Michael R. Lied Labor and Employment Law, July 2002 It's always good to follow the judge's instructions. Nick v. Morgan's Foods, Inc., 270 F.3d 590 (8th Cir. 2001), is an example of why this is true.
Defendant sanctioned for failure to adequately participate in mediation By Michael R. Lied Labor and Employment Law, April 2002 It's always good to follow the judge's instructions. Nick v. Morgan's Foods, Inc., 270 F.3d 590 (8th Cir. 2001) is an example of why this is true.
Defending disoriented persons from nursing home discharge for non-payment By Larry Smith Elder Law, January 2002 A nursing home issues a notice of discharge for non-payment to a confused and disoriented long time resident whose funds have run out.
Defining habitual drunkenness By Susan O’Neal Johnson Child Law, October 2002 The decision in In Re J. J. helps define the evidence that can be considered in petitions seeking to terminate parental rights pursuant to allegations of habitual drunkenness or addiction to drugs, under 750 ILCS 50/1(D)(k).
Defining the practice (or unauthorized practice) of law By Michael Todd Scott Corporate Law Departments, August 2002 Defining what constitutes the unauthorized practice of law is a tough challenge.
Delinquency case law update By Kulmeet S. Galhotra Child Law, May 2002 In re R.A.B, 197 Ill. 2d 358, 757 N.E. 2d 887, 259 Ill. Dec. 24 (2001), a case concerning the fundamental right to trial by jury, was issued on September 20, 2001.
Denial of appeal moves SDO forward Mineral Law, March 2002 Save Domestic Oil has won another round in federal court, moving it one step closer to an investigation into its charges that four foreign countries forced down U.S. crude oil prices in 1998 by illegally dumping low priced oil on U.S. Markets.
Discovery and the Fifth Amendment By Robert T. Park Civil Practice and Procedure, April 2002 The Self-Incrimination Clause of the Fifth Amendment to the U.S. Constitution says: "No person ... shall be compelled in any criminal case to be a witness against himself."
Discovery in DUI, misdemeanor and traffic cases By J. Brick Van Der Snick Traffic Laws and Courts, February 2002 A problem facing prosecutors and defense attorney's practicing in the field of DUI, which includes statutory summary suspensions, misdemeanor, and traffic cases, is to what extent discovery is allowed under the Illinois statutes and case law.
Discovery practicum: intertwine inquiries By William J. Borah Civil Practice and Procedure, April 2002 Illinois' litigation discovery process intertwines a myriad of strategic measures of inquiry designed to pluck evidence from the other party.
Disgruntled employees in your law firm: The enemy within By Sharon D. Nelson & John W. Simek Law Office Management and Economics, Standing Committee on, December 2002 Scary, but it is all too common for disgruntled employees to strike at their employer by causing technological calamity.
District court enforces cargo damage liability limitation By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2002 The U.S. District Court for the Western District of Tennessee has issued an important decision concerning cargo loss and damage liability limitation in EFS National Bank v. Averitt Express, Inc., 164 F. Supp. 2d 994 (8/31/01).
District Court finds interstate drivers exempt from FLSA’s overtime provisions By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, August 2002 The U.S. District Court for the Central District of Illinois has rejected a claim for overtime pay brought by employees of a Decatur newspaper under the federal Fair Labor Standards Act (FLSA) in Barron v. Lee Enterprises, 2002 WL 113790 (C.D. Ill. 2002).
District court issues permanent injunction against Illinois Department of Human Rights By Glenn R. Gaffney Labor and Employment Law, May 2002 In Cooper v. Salazar, 2001 U.S. Dist. LEXIS 17952 (N.D. Ill. Nov. 01), U.S. District Court Judge Milton Shadur issued a permanent injunction against the Illinois Department of Human Rights, with terms including:
District court rejects broker liability in Carmack suit By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, May 2002 The U.S. District Court for the District of Maryland has rejected a shipper's Carmack Amendment cargo loss and damage claim against a broker in Professional Communications, Inc. ("PCI") v. Contract Freighters, Inc., 171 F.Supp. 2d 546 (D.MD 10/17/01)
Divorce law issues: General Practice, Solo, and Small Firm, June 2002 In 1991, the Illinois Supreme Court in In re Marriage of Zells (1991), 143 Ill.2d 251, 157 Ill.Dec. 480, 572 N.E.2d 944, addressed the issue of the division of the goodwill value of a law practice in a dissolution of marriage proceeding.
Do it yourself: computer maintenance tips By David Clark Legal Technology, Standing Committee on, April 2002 "Stick out your tongue and say 'Aaah!'" This phrase is unmistakably linked to a doctor's checkup.
Do not resuscitate and the Orange Form By Frank Nagorka Elder Law, January 2002 Emergency medical services respond to calls for assistance and respond immediately.
Doctors and health care fraud: what every attorney should know about the False Claims Act and qui tam By Michael K. Goldberg General Practice, Solo, and Small Firm, January 2002 This article will explore the affect of this enormous growth in health care fraud on physicians and administrators, focusing on the primary vehicle used by law enforcement to root out health care fraud, The False Claims Act.
Does the employer’s share of the plaintiff’s expenses depend on the gross or net recovery of the employer’s subrogation claim? By Markham M. Jeep Workers’ Compensation Law, January 2002 In Overlin v. Windmere Cove Partners, Inc., 756 N.E.2d 926, 258 Ill.Dec. 652, the appellate court considered the correct method of calculating the employer's share of litigation costs.
Does UPL by in-house counsel really waive the attorney-client privilege? By Michael Todd Scott Commercial Banking, Collections, and Bankruptcy, March 2002 In the June 2000 issue of The Corporate Lawyer, we ran an article entitled "Unauthorized Practice of Law and In-house Counsel."
Donaldson v. CIPS: a case of pennywise, pound foolish? By James K. Weston, Sr. Environmental Law, October 2002 The Illinois Supreme Court recently decided the case of Zachary Donaldson, et al., v. Central Illinois Public Service Company, et al., Docket No. 89679, opinion filed February 22, 2002.
Donaldson v. CIPS: a case of pennywise, pound foolish? By James K. Weston, Sr. Mineral Law, June 2002 The Illinois Supreme Court recently decided the case of Zachary Donaldson, et al., v. Central Illinois Public Service Company, et al., Docket No. 89679, opinion filed February 22, 2002.
Don’t be fooled: Tips for school board candidates for the 2003 Illinois consolidated election By Anthony J. Jacob Young Lawyers Division, October 2002 With the 2003 Consolidated Election being held in April, school board candidates should be wary of being fooled by Illinois' statutory election procedures.
Don’t expect a refund if you pay an unconstitutional tax By Stanley R. Kaminski State and Local Taxation, October 2002 In two recent Illinois appellate court decisions, one in the Fourth District and one in the First District, the Illinois appellate court appears to have set up a catch-22 for Illinois business taxpayers when it comes to refunds on unconstitutional taxes.
Don’t forget antitrust in the current corporate crisis By Spencer Weber Waller October 2002 Not a day goes by when another corporation or entire sector of the economy is not hit by a new scandal involving corporate wrongdoing.
Double breasting: how not to run afoul of the law By Alan M. Kaplan Labor and Employment Law, March 2002 Many companies want to split their operations into two halves--one company with union contracts and one company without union contracts.
Double jeopardy By Kimberly L. Dahlen Criminal Justice, March 2002 In People v. Bellmyer, the issue on appeal was whether the trial court erred in denying defendant's motion to dismiss based on double jeopardy where the parties had completed a stipulated bench trial, but the court refused to enter a verdict.
Drafting an effective release under the Older Workers Benefit Protection Act By Bruce C. Beal Labor and Employment Law, May 2002 The Age Discrimination in Employment Act of 1967 (29 USC 621) ("ADEA") was amended by the Older Workers Benefit Protection Act ("Act") in 1990 in response to the Supreme Court decision in Public Employee's Retirement System of Ohio v. Betts, 109 S. Ct. 256 (1989).
Drafting ideas for pet care By Paul A. Meints Family Law, November 2002 To many of your clients, pets are an important part of life. The level of emotional involvement (generally directly proportional to the amount of money the client is willing to spend on the pet's care) tends to vary from client to client.

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