All the latest developments in health care lawBy W. Eugene Basanta & Matthew J. AshleyHealth Care Law, October 2004In June, the United States Supreme Court decided an important Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., preemption case.
All the latest developments in health care lawBy W. Eugene Basanta & Nicole PoirierHealth Care Law, June 2004Reversing a district court judgment for plaintiffs, the Seventh Circuit Court of Appeals has held that there is no common law duty to be a Good Samaritan and no implied right of private action under the Illinois Abused and Neglected Child Reporting Act, 325 ILCS 5/1 et seq. In this case, a babysitter providing services to a navy family, abused the child and then brought him to the naval hospital claiming he fell down the stairs.
All the latest developments in health care lawBy W. Eugene Basanta & Nicole PoirierHealth Care Law, March 2004A recent Illinois federal district court decision addresses issues of access to mental health facilities by the plaintiff, a federally-funded protection and advocacy (P&A) agency.
Alphabetical listing of casesInsurance Law, December 2004Mitchell v. State Farm Fire and Casualty Company, 343 Ill.App.3d 281, 796 N.E.2d 617, 277 Ill. Dec. 531 (4th div. 2004) SUIT LIMITATION PERIOD (1434).
Alphabetical listing of casesInsurance Law, November 2004Alberto-Culver Company v. Aon Corporation, 351 Ill.App.3d 123, 812 N.E.2d 369, 285 Ill. Dec. 549 (1st dist. 4th div. 2004) EXCLUSIONS: COMMERCIAL ACTIVITY (1435)
The alternate valuation dateBy Alexander DenenbergTrusts and Estates, June 2004In the Private Letter Ruling 2003-43-002 (June 11, 2003), the Internal Revenue Service addressed the issue of whether the earnings of a corporation during the six-month period after decedent's death that were not distributed to the decedent's estate should be treated as "included property" or "excluded property" for purposes of Code § 2032.
American Jobs Creation Act has broad rangeBy Ann Marie BrehenyCorporate Law Departments, December 2004In addition to the highly publicized new rules for nonqualified deferred compensation plans, the American Jobs Creation Act includes several other compensation and benefit provisions.
Analysis of some recent decisionsBy Paul E. FreehlingAdministrative Law, May 2004In Lyon v. DCFS, 2004 Ill. LEXIS 361 (Ill. Sup. Court, No. 95643, Mar. 18, 2004), affirming 335 Ill.App.3d 376, 780 N.E.2d 748 (4th Dist. 2002), the Illinois Supreme Court addressed complex due process issues arising in the course of administrative proceedings involving alleged abuse of two school children by Lyon, one of their teachers.
Another look at civility and professionalism: The American Inns of CourtBy Lloyd A. KarmeierBench and Bar, March 2004When I began my legal career in the Southern Illinois town of Nashville in 1964, there was not a "mentoring" program for young lawyers as is now being developed by the ISBA.
The Antitrust Criminal Penalty Enhancement and Reform Act of 2003By Bridget C. KevinJune 2004On October 29, 2003, Senators DeWine (R-OH) and Kohl (D-WI) introduced the Antitrust Criminal Penalty Enhancement and Reform Act of 2003 (S. 1797)1 to modify the existing antitrust laws in three chief ways.
Appellate court criticizes courtroom shacklesBy Adrienne W. AlbrechtBench and Bar, May 2004One of the principal arguments cited by proponents of the construction of new court houses and redesigning of courtrooms is the need for enhanced security.
Appraisal updateBy Carol Klima MartinTrusts and Estates, June 2004On occasion, trust and estate attorneys must evaluate or sell interests in real property. Attorneys who deal with clients' real property need to know that both Federal and Illinois laws concerning appraisers have changed.
Arbitrator had authority to decide Family Medical Leave Act issuesBy Joseph M. GagliardoFederal Civil Practice, May 2004In Butler Manufacturing Co. v. United Steelworkers of America, 336 F.3d 627 (7th Cir. 2003), Butler, the employer, brought an action to vacate an arbitration award entered pursuant to a collective bargaining agreement ("CBA") between Butler and the United Steelworkers of America ("Union").
Are independent paralegals on the horizon in Illinois?By James K. Weston, Sr.Mineral Law, March 2004When Senate Bill 2132 was dropped in the hopper in Springfield, the sound could well have been that of a muffled nuclear explosion rather than the barely audible sound it likely was.
Are you covered? An analysis of Lenny Szarek, Inc. v. Maryland Casualty Co.By Peter J. StavropoulosWorkers’ Compensation Law, December 2004This recent First Division Appellate Decision, issued on September 27, 2004, deals with the issue of how territoriality provisions of a workers' compensation insurance policy can impact coverage of workers' compensation claims.
Asked and answeredBy John W. OlmsteadLaw Office Management and Economics, Standing Committee on, October 2004A successful law firm competitive strategy requires effective law firm management.
An at-will employee may maintain a discrimination claim under 42 U.S.C. §1981By Lori D. EckerFederal Civil Practice, March 2004One of the significant changes to discrimination law occasioned by the Civil Rights Act of 1991 was its expansion of the availability of 42 U.S.C. § 1981 ("Section 1981") as a viable cause of action.
Attorney fees in special education matters involving public school districts: Is a comeback imminent?By Kathryn S. Vander BroekYoung Lawyers Division, April 2004Parent advocates have turned to the Illinois Legislature to regain an advantage lost in recent decisions of the United States Supreme Court and the 7th Circuit regarding the payment of attorney and expert witness fees in special education matters.
Attorney General issues opinionsBy Lynn PattonGovernment Lawyers, June 2004Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2002)), the Attorney General is authorized, upon request, to give written legal opinions to State officers and State's Attorneys on matters relating to their official duties.
Attorney General’s office issues Open Meetings Act opinionBy Lynn PattonLocal Government Law, September 2004Attorney General Lisa Madigan's office recently issued an opinion addressing the validity of action taken at a rescheduled regular meeting of the Johnson County Board.
Attorney General’s office issues opinions on the State Officials and Employees Ethics ActBy Lynn PattonLocal Government Law, July 2004Attorney General Lisa Madigan's office recently issued two opinions regarding the implementation of the new State Officials and Employees Ethics Act (added by Public Act 93-615, effective November 19, 2003, as amended by Public Act 93-617, effective December 9, 2003, to be codified at 5 ILCS 430/1-1 et seq.).
Attorney General’s Office issues opinions on the State Officials and Employees Ethics Act*By Lynn PattonAdministrative Law, November 2004Attorney General Lisa Madigan's office recently issued two opinions regarding the implementation of the new State Officials and Employees Ethics Act (added by Public Act 93-615, effective November 19, 2003, as amended by Public Act 93-617, effective December 9, 2003, to be codified at 5 ILCS 430/1-1 et seq.).
Attorney General’s office issues opinions on the State Officials and Employees Ethics Act*By Lynn PattonGovernment Lawyers, September 2004Attorney General Lisa Madigan's office recently issued two opinions regarding the implementation of the new State Officials and Employees Ethics Act (added by Public Act 93-615, effective November 19, 2003, as amended by Public Act 93-617, effective December 9, 2003, to be codified at 5 ILCS 430/1-1 et seq.).
Ausman v. Arthur Andersen, LLP.By Michael J. WeicherBusiness and Securities Law, June 2004Whether an in-house attorney has a claim to sue its employer for retaliatory discharge when the employee is fired for insisting that certain actions taken by the employer should have been subject to internal company procedures.
