Articles From 2004

All the latest developments in health care law By W. Eugene Basanta & Matthew J. Ashley Health Care Law, October 2004 In 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 law By W. Eugene Basanta & Nicole Poirier Health Care Law, June 2004 Reversing 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 law By W. Eugene Basanta & Nicole Poirier Health Care Law, March 2004 A 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.
Allocation of fault to third parties-Does it include an employer? The legislature checks the supreme court By James T. Ferrini Civil Practice and Procedure, January 2004 In 1997 the Illinois Supreme Court held unconstitutional the vast majority of the tort reform legislation passed by the then Republican-led Illinois legislature.
Alphabetical listing of cases Insurance Law, December 2004 Mitchell 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 cases Insurance Law, November 2004 Alberto-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)
Alphabetical listing of cases Insurance Law, January 2004 Recent cases listed alphabetically.
The alternate valuation date By Alexander Denenberg Trusts and Estates, June 2004 In 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 range By Ann Marie Breheny Corporate Law Departments, December 2004 In 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 decisions By Paul E. Freehling Administrative Law, May 2004 In 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 arrow in the quiver of those seeking adverse possession: A casenote: Johan Dwyer v. William R. Love and Jody Romano Love By Laurence F. Johnson Real Estate Law, December 2004 The Dwyer family owned real estate in Winnebago County, Illinois continuously from 1956.
Another look at civility and professionalism: The American Inns of Court By Lloyd A. Karmeier Bench and Bar, March 2004 When 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.
Anti-lapse provision added for gifts to deceased beneficiaries of intervivos trusts By Dwight H. O’Keefe Trusts and Estates, October 2004 An amendment to HB 1080, now PA 93-0991, adds a new section to the Trust and Trustees Act, 760 ILCS 5/5.5, which provides anti-lapse provisions affecting trust beneficiaries of inter-vivos trusts.
The Antitrust Criminal Penalty Enhancement and Reform Act of 2003 By Bridget C. Kevin June 2004 On 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 shackles By Adrienne W. Albrecht Bench and Bar, May 2004 One 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 update By Carol Klima Martin Trusts and Estates, June 2004 On 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 issues By Joseph M. Gagliardo Federal Civil Practice, May 2004 In 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 2004 When 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. Stavropoulos Workers' Compensation Law, December 2004 This 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 answered By John W. Olmstead Law Office Management and Economics, Standing Committee on, October 2004 A successful law firm competitive strategy requires effective law firm management.
An at-will employee may maintain a discrimination claim under 42 U.S.C. §1981 By Lori D. Ecker Federal Civil Practice, March 2004 One 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 Broek Young Lawyers Division, April 2004 Parent 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 opinions By Lynn Patton Government Lawyers, June 2004 Under 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 compatibility of office opinion-county board chairman and county ESDA coordinator By Lynn Patton Local Government Law, December 2004 Attorney General Lisa Madigan's office recently issued an informal opinion addressing the compatibility of various public offices.
Attorney General’s office issues Open Meetings Act opinion By Lynn Patton Local Government Law, September 2004 Attorney 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 opinion addressing the authority of a county to require the dedication of property to prescribed uses By Lynn Patton Local Government Law, October 2004 Attorney General Lisa Madigan's office recently issued an opinion addressing a county's authority to adopt an ordinance requiring the dedication to a fire protection district of property for fire station sites.
Attorney General’s office issues opinions on the State Officials and Employees Ethics Act By Lynn Patton Local Government Law, July 2004 Attorney 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 Patton Administrative Law, November 2004 Attorney 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 Patton Government Lawyers, September 2004 Attorney 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. Weicher Business and Securities Law, June 2004 Whether 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.

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