Articles From 2004

Illinois law provides new protections to non-citizen defendants By Attila Bogdan International and Immigration Law, December 2004 As many immigration practitioners know all too well, the consequences of a non-citizen's criminal conviction are very different from those of a United States citizen.
Illinois law school deans are a model of diversity By Alice M. Noble-Allgire Women and the Law, June 2004 Illinois reached a significant milestone during the past year when Patricia Mell and Peter Alexander became the first black deans—and Mell the first female dean—at their respective law schools.
Illinois law school deans are a model of diversity By Alice M. Noble-Allgire Racial and Ethnic Minorities and the Law, March 2004 Illinois reached a significant milestone during the past year when Patricia Mell and Peter Alexander became the first black deans—and Mell the first female dean—at their respective law schools
Illinois Legislature acts to protect employee rights By Joseph M. Gagliardo Federal Civil Practice, March 2004 1. State Legislature waives 11th Amendment immunity on certain employment claims
The Illinois Long-Term Care Ombudsman: Advocating for residents By Lee Beneze Elder Law, October 2004 The Illinois Long Term Care Ombudsman Program advocates for senior residents of long-term care facilities in the state of Illinois.
Illinois paves the way with new “providing alcohol or drugs to minors” legislation By Michael J. Marovich Civil Practice and Procedure, December 2004 On two separate occasions in the past nine years, the Illinois Supreme Court has been called to address the issue of social host liability for serving of alcoholic beverages to minors.
Illinois Supreme Court adopts rule to clarify UPL concerns for in-house counsel; Creates road-block for in-house counsel wishing to change jobs By Michael Todd Scott Corporate Law Departments, March 2004 On February 11, 2004, The Illinois Supreme Court adopted new Rule 716. This new rule clarifies the debate on whether in-house counsel who are located in Illinois, but who are not licensed in Illinois are engaged in the unauthorized practice of law.
Illinois Supreme Court decision assists Illinois driver leasing companies By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2004 On February 20, 2004, the Illinois Supreme Court issued a decision which will greatly assist the Illinois driver leasing industry in H&M Commercial Driver Leasing, Inc. v. Fox Valley Containers, Inc., Docket No. 96057.
Illinois Supreme Court finds municipal demolition statute constitutional By Jack H. Tibbetts Real Estate Law, March 2004 The Illinois Supreme Court on February 20, 2004 reversed the Illinois Second District Appellate Court and found the Illinois statute contained at 65 I.L.C.S. 5/11-31-1 constitutional.
Illinois Supreme Court issues two decisions in family law area By Susan M. Brazas Racial and Ethnic Minorities and the Law, November 2004 The Illinois Supreme Court has recently issued two opinions significant to attorneys practicing in the areas of child custody and child neglect.
The Illinois Supreme Court limits the ability of consumers to challenge state taxes: An analysis of Wexler v. The Wirtz Corporation, Illinois Supreme Court, April 1, 2004 State and Local Taxation, May 2004 In Wexler v. The Wirtz Corporation, the Illinois Supreme Court narrowed when consumers of products have standing to challenge taxes in Illinois.
Illinois Supreme Court narrows scope of landowner protection under the Illinois Recreational Use Act By A. Bryan Endres Agricultural Law, April 2004 In December 2003, the Illinois Supreme Court decided Hall v. Henn, 208 Ill. 2d 325, 802 N.E.2d 797 (2003), which held that the Recreational Use of Land and Water Areas Act2 ("Recreational Use Act") offers protection from negligence liability only to those landowners who open their property to the general public for recreational use.
The Illinois Supreme Court should promulgate an “offer of settlement or judgment” rule By Paul E. Freehling Civil Practice and Procedure, December 2004 My premise in this article is that, for most civil litigation, settlement is preferable to a trial. Obviously, if the claims are not justiciable, the complaint should be dismissed.
Immigration issues for health care facilities seeking to hire foreign workers By Scott D. Pollock International and Immigration Law, March 2004 Hypothetical Case #1: Dr. Sam Mazdejadeh, a citizen of Iran, is completing his cardiology residency at a well-known teaching hospital. He has published several highly regarded papers on new techniques he developed in angioplasty; his research has been used and cited by other leading researchers.
Immigration law alert By Gabrielle M. Buckley International and Immigration Law, January 2004 The U.S. Department of Homeland Security ("DHS") is setting up a new electronic entry-exit system, called US-VISIT, that will collect and share information, including biometric identifiers, on visitors to the United States.
Implied Immunity: Stock Exchanges Options survives Trinko By Robert E. Draba November 2004 "Section 1 of the Sherman Act makes illegal any contract, combination or conspiracy in restraint of trade."1 But Congress has the power to exempt conduct from liability under Section 1 with a regulatory scheme.
The importance of “government” for taxes By Julie-April Montgomery State and Local Taxation, February 2004 The power of government to tax is of unequivocal importance in today's modern society. But what is government for purposes of taxation?
Important new public acts By Larry Frang Local Government Law, January 2004 House Bill 223 amends the Criminal Code to exempt electronic recordings made of a custodial interrogation of an individual by a law enforcement officer at a police station or other place of detention from an eavesdropping violation. Statements made by suspects during custodial interrogation are presumed inadmissible unless they are electronically or digitally recorded.
In a pig’s eye: Vigortone AG Products, Inc. v. PM AG Products, Inc.-An integration clause in a contract will not bar a fraud claim but a “no reliance” clause will By Fiona A. Burke Business and Securities Law, June 2004 Vigortone AG Products, Inc. v. PM AG Products, Inc. underscores the importance of including "no reliance" as well as integration clauses in agreements.
In defense of Chief Illiniwek By Roger Huddleston Human and Civil Rights, October 2004 For 78 years, Chief Illiniwek has been the symbol of the spirit of a great university and of its intercollegiate athletic teams, and as such, is loved by the people of Illinois.
In re Flat Glass Antitrust Litigation November 2004 In late September, the Third Circuit reversed in part the Western District of Pennsylvania's grant of summary judgment for a defendant glass manufacturer alleged to have participated in a price-fixing conspiracy.
In-sites By Kelly Wingard Government Lawyers, March 2004 Now that the last remnants of Christmas have been packed away and hauled to the attic, it is time to pull out the calculator, W-2s, and receipts in preparation for the 2003 tax-filing season.
“Increased risk” as analyzed by the 5th District By Carol A. Cesaretti Workers’ Compensation Law, December 2004 In Nascote Industries v. Industrial Commission, 2004 Ill.App. LEXIS 1326 5-03-0706WC (5th Dist. 2004) the 5th District distinguished Caterpillar Tractor in its analysis of what constitutes "increased risk."
Individual income tax update By James H. Schultz Federal Taxation, December 2004 The Working Families Tax Relief Act of 2004 and American Jobs Creation Act of 2004 represent an election year gift for the individual taxpayer.
Individual income tax update By James S. Zmuda Federal Taxation, May 2004 In Montgomery, 122 T.C. No. 1 (2004), the Montgomerys filed a joint return reporting tax due of $196,006. The taxpayers did not remit the payment. The Internal Revenue Service ("IRS") assessed the reported tax, accepted the return as filed and did not audit the return or issue a notice of deficiency.
The Industrial Commission must determine who the aggressor was By Michelle D. Porro Workers’ Compensation Law, June 2004 Our Supreme Court definitively determined that when the underlying accident is a fight between employees, the Industrial Commission must determine which of the employees was the aggressor in Sandra Franklin v. the Industrial Commission, in an opinion filed May 20, 2004. Id., Docket No. 96857 (Il. S. Ct. 2004).
Industrial Commission news Workers’ Compensation Law, September 2004 On January 1, 2005, the Industrial Commission will change its name to the Illinois Workers' Compensation Commission.
Industrial Commission news By Richard D. Hannigan Workers’ Compensation Law, June 2004 By the time this newsletter is received by your office there may be amendments to the Workers' Compensation Act.
Infusion Resources v. Minimed, 351 F.3d 688 (5th Cir. 2003) June 2004 Infusion Resources, Inc. and Diabetes Resources, Inc., d/b/a Insulin Infusion Specialties ("IIS"), brought suit against Minimed, Inc. ("Minimed") for price discrimination under the Robinson-Patman Act ("RPA"), 15 U.S.C. Section 13(a)/ Section 2(a) Clayton Act, and the Louisiana Price Discrimination Act ("LPDA"), La. R.A. Section 51:3331; a claim for lack of fair dealing under the Louisiana Unfair Trade Practices Act ("LUPTA"), La. Section 51:1409; and claims for breach of the implied duty of good faith, breach of contract, defamation and violation of trade secrets.
The ins and outs of understanding the Illinois Income Tax By Stanley R. Kaminski State and Local Taxation, July 2004 This article is taken from the recent Illinois State Bar Association (Law Ed Services) Seminar presented by the ISBA State and Local Taxation Section Council at the 2004 ISBA Annual Meeting on June 19, 2004, at the Abbey in Fontana, Wisconsin.