Articles From 2003

Closing argument: Using enlarged trial transcripts and jury instructions By Patrick M. Kinnally Civil Practice and Procedure, May 2003 You just completed a four-day trial. The plaintiff claims it is entitled to money damages because your client, Tiger, L.L.C., delivered certain lockers that did not conform to plaintiff, Mason School District's, bid specifications.
COGSA shipper’s recovery limited to cost of manufacture & inland carrier’s liability limit held inapplicable to through ocean bill of lading transport By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, July 2003 Levi Strauss & Co. moved a container of pants from Honduras to Arkansas on a through ocean bill of lading subject to the Carriage of Goods by Sea Act (COGSA) at 46 U.S.C. §1300 et seq.
Collaborative law— A new way to work the old problem of divorce Women and the Law, September 2003 If the term "collaborative law" is not already familiar to you, it soon will be. Illinois has recently joined a number of other states in forming a collaborative law institute for the education and promotion of this newest model of dispute resolution
Coming to a state court near you! Could patent infringement matters really end up in state court? By Steven McMahon Zeller Intellectual Property, December 2003 Since the creation of the United States Court of Appeals for the Federal Circuit more than 20 years ago, it was taken for granted that an appeal in any patent litigation case could only be taken to that court.
Comments from the editor Agricultural Law, September 2003 As we all know, "agricultural law" is an amalgamation of other areas of the law, ranging from real estate to environmental law and estate planning to corporations.
Commercial aspects of Islamic law (shari’ah): A selected bibliography for practicing lawyers By Howard L. Stovall International and Immigration Law, November 2003 In our current 'war on terrorism,' U.S. government officials, print and broadcast media, think-tanks and scholars have thrown a spotlight on some (relatively narrow) aspects of Islam and Islamic law.
Commission News By Richard D. Hannigan Workers' Compensation Law, December 2003 Updates from the Illinois Industrial Commission.
Committee member appointed by Governor Racial and Ethnic Minorities and the Law, May 2003 Congratulations go out to Committee Member Zaldwaynaka "Z" Scott on her recent appointment by Governor Blagojevich to an Inspector General position.
Committee member chosen by Oprah Racial and Ethnic Minorities and the Law, May 2003 Timijanel Boyd-Odom ("Timi") recently appeared on the Oprah Show (May 12, 2003) after being selected from thousands of entries from viewers who had challenges in their homes regarding decorating a room.
Common interest of defendants & joint defense By Donald Peterson Corporate Law Departments, May 2003 Two defendants often share an interest in defeating or minimizing plaintiff's claim.
“Common Law” trademark protection in Japan? By Jiri M. Mestecky & Koya Uemura Intellectual Property, August 2003 There is a common misperception among intellectual property attorneys and businesspeople in "common law" countries, such as the United States, that "civil law" countries, such as Japan, France, Germany and others, provide little or no protection for unregistered trademarks.
Competition policy in the new economy March 2003 The greatest challenge to competition policy at the beginning of the 21st century is the acceleration of technical change and innovation that has created a new competitive dynamism in a range of markets sometimes collectively referred to as the "new economy."
The Concentrated Animal Feeding Operation (CAFO) revised rule By Michael R. Berman Environmental Law, February 2003 On December 16, 2002, the United States Environmental Protection Agency (U.S. EPA) announced a final rule that will require all large Concentrated Animal Feeding Operations (CAFOs) to obtain permits that will ensure they protect America's waters from wastewater and manure.
The Concentrated Animal Feeding Operation (CAFO) revised rule* By Michael R. Berman Agricultural Law, May 2003 On December 16, 2002, the United States Environmental Protection Agency (U.S. EPA) announced a final rule that will require all large Concentrated Animal Feeding Operations (CAFOs) to obtain permits that will ensure they protect America's waters from wastewater and manure.
Concurrent employment By Bradford J. Peterson Workers' Compensation Law, September 2003 In Flynn v. Industrial Commission, the claimant worked during the summer months as a truck driver for an asphalt company, but was injured while employed by Utica Township to clear snow during the winter.
Confidentiality & joint defense By Donald Peterson Corporate Law Departments, April 2003 McNally Tunneling Corp. v. City of Evanston, No. 00 C 6979, 2001 U.S.Dist. LEXIS 17090, October 18, 2001, examined a joint defense and settlement agreement and disclosure to the plaintiff
Confidentiality of medical records: An interesting case transposed to Illinois By David Spagat General Practice, Solo, and Small Firm, June 2003 Under what circumstances, by whom and for what purpose, can the privacy of your medical records be breached notwithstanding the many statutes denying this right to third persons or agencies?
The constitutionality of city ordinances governing administrative adjudication of parking compliance violations: Van Harken v. City of Chicago By Lawrence W. Terrell Traffic Laws and Courts, May 2003 In Van Harken v. City of Chicago 713 N.E. 2d 754, 305 IL. App 3d 972 (IL App. 1 District 1999), the Illinois Appellate Court held that the administrative adjudication scheme established by the City of Chicago does not violate the state constitution.
The constitutionality of court-annexed mediation By Matthew King Alternative Dispute Resolution, October 2003 Mediation has been gaining momentum in recent years. At the same time, court dockets are becoming even more congested as more and more lawsuits are being filed.
Controlling “crisis” response will determine corporate survival By Valerie C. Perera & Geary W. Sikich Business Advice and Financial Planning, June 2003 Corporate America is facing a time unparalleled in history. Since the events on that fateful morning of September 11th, the landscape of business has fundamentally changed.
Conversion claim preempted by Carmack By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, January 2003 In Chen v. Mayflower Transit, Inc., 2002 Fed. Carr Cases &84,251 (7/19/02), the U.S. District Court for the Northern District of Illinois confronted several state law claims which arose on a household goods move from Atlanta to Chicago.
Coping with declining health and finances: Ideas, thoughts, and suggestions for your Powers of Attorney By Paul A. Meints Trusts and Estates, December 2003 The following items are some thoughts and suggestions, including sample drafting, for keeping your documents current.
Corporate accountability law affects retirement plans, executive compensation Corporate Law Departments, February 2003 On July 30, President Bush signed the Sarbanes-Oxley Act of 2002--a corporate accountability and accounting reform law prompted by the business scandals of recent months.
Corporate and partnership tax update By Michael L. English Federal Taxation, April 2003 In Seggerman Farms, Inc., 2002 TNT 207-5, the Seventh Circuit Court of Appeals, affirming the Tax Court, has held that shareholders of a family farm corporation must recognize gain on the transfer of assets to the corporation where the liabilities assumed by the corporation exceeds the adjusted basis of the property transferred.
Cost of doing business: Air freight carriers pay prejudgment interest too By Michael S. Schimmel & Matthew J. Kissling International and Immigration Law, May 2003 While the Warsaw Convention appears on its face outdated and the Hague Protocol inapplicable, these two doctrines are still well alive and are often applied in modern day situations.
Council votes support for repeal of 765 ILCS 535 Mineral Law, September 2003 At its September meeting in Mt. Vernon, the Section Council heard the recommendation of Past Chair George C. "Curt" Lackey of Centralia that we support the repeal of 765 ILCS 535, the Oil and Gas Lease Release Act.
Counseling farmers about saving Roundup Ready® beans for seed By Donald L. Uchtmann Agricultural Law, March 2003 Can farmers save Roundup Ready® beans for seed without being liable for patent infringement or breach of contract?
Court costs in civil cases By Hon. Terrence J. Brady Bench and Bar, June 2003 The Illinois Supreme Court has put the defining word on the issue of recoverable court costs in civil cases.
Court finds assignment to harder job is not an adverse employment action By Michael R. Lied Labor and Employment Law, February 2003 In White v. Burlington Northern & Santa Fe Railway Company, 310 F.3d 443 (6th Cir. 2002), White was a track maintenance worker who primarily operated a fork lift. White complained the employer treated her differently because of her sex and said her foreman had twice made inappropriate remarks
Court refuses to limit jury’s damages award on disabilities claim By Michael R. Lied Labor and Employment Law, February 2003 In Gagliardo v. Connaught Laboratories, Inc., 2002 U.S. App. LEXIS 23953 (3rd Cir. 2002), Gagliardo worked as a customer service representative for Connaught Laboratories, Inc., (CLI).