Recent decisionsBy James K. SayTrusts and Estates, December 2004National City Bank of Michigan/Illinois v. Northern Illinois University, et al, No. 2-03-1281 (Ill. App. 2nd Dist) (Nov. 5, 2004).
Recent decisionsBy James K. SayTrusts and Estates, June 2004In re Estate of Schlenker, Docket No. 96402 (Ill. Sup. Ct. April 1, 2004). Levi Schlenker had executed four wills before his death in July of 2001, of which only three were found.
Recent decisions in real estate tax casesBy Timothy E. MoranState and Local Taxation, April 2004Appellate court reversed granting of agricultural exemption, and remanded for application of four-part test to determine the property's primary use.
Recent decisions in real estate tax casesBy Timothy E. MoranState and Local Taxation, March 2004Appellate Court affirmed granting of charitable-use exemption to senior housing facility.
Recent developments in Arab commercial agency/ distributorship lawBy Howard L. StovallInternational and Immigration Law, May 2004In the face of new uncertainties in the Arab Middle East, many multinational companies are relying more heavily on local sales agents and distributors.
Recent developments in Family limited partnerships-Section 2036By Leonard S. DeFrancoBusiness Advice and Financial Planning, June 2004The proliferation of Family Limited Partnerships ("FLPs") with their attendant estate tax benefits has, for some time, raised the specter of a challenge from the Internal Revenue Service ("IRS").
Recent DUI casesBy James J. Ahern & Thomas M. MoranTraffic Laws and Courts, December 2004In a decision from the Illinois Supreme Court filed September 23, 2004, the Court recognized that a defendant may successfully raise the "GERD defense" as a basis for excluding the result of a breath test.
Recent DUI casesBy Thomas M. Moran & James J. AhernTraffic Laws and Courts, January 2004Supreme Court Rule 412(a)(i) requires that the State, as part of pretrial discovery and upon the defendant's request, supply the defendant with the names of persons whom the State intends to call as witnesses.
Recent HSR enforcement actions: Understanding the limits of the investment-only exemptionBy Jennifer Clarke-SmithJune 2004Two recent Hart-Scott-Rodino Act enforcement actions by the Federal Trade Commission ("FTC") and the Department of Justice's Antitrust Division ("DOJ") highlight the importance of being well informed about the limits of the Act's exemption for investments made solely for the purpose of investment.
Recent judicial appointments and retirementsBench and Bar, October 20041. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following Circuit Judge to the appellate court:
Recent judicial appointments and retirementsBench and Bar, January 20041. The Illinois Supreme Court, pursuant to its constitutional authority, has appointed the following to be Circuit Judge:
Recent zoning cases decided under RLUIPABy Michael T. JurusikLocal Government Law, September 2004The Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. Sec. 2000cc et seq.) ("RLUIPA") is designed to protect individuals, religious assemblies and institutions (churches, mosques and synagogues) from zoning and landmarking laws that substantially interfere with their exercise of religion, including the use of land and buildings for religious purposes.
Reforming the death penaltyBy Kathryn SaltmarshHuman and Civil Rights, February 2004Government lawyers work in a variety of contexts and legal categories. Prosecutors and public defenders are by definition adversaries in the court room.1 Over the spring 2003 session of the 93rd General Assembly, the lion and lamb successfully worked together toward the goal of death penalty reform.
The remarkable life and times of Alta May HulettBy E. Lynn GraysonWomen and the Law, February 2004Remembered best as the first woman attorney admitted to the Illinois bar, Alta May Hulett's brief legal career was remarkable. Joining forces with Myra Bradwell, Illinois' first woman attorney, Ms. Hulett succeeded in passing legislation prohibiting sexual discrimination in employment practices and ensured the right for all women attorneys to join the bar and practice law.
A Remembrance of Prentice H. MarshallBy Thomas P. SullivanBench and Bar, June 2004It is difficult to do justice in a few sentences to my recollections of Prentice Marshall. We met in the fall of 1954, when I started at the firm now known as Jenner & Block.
Report of the mayor’s Special Committee on City Code EnforcementAdministrative Law, April 2004On October 11, 1995, Mayor Richard M. Daley appointed this Committee to review city ordinances that currently are enforced in the Circuit Court of Cook County or by administrative adjudications.
Report on the ABA Annual MeetingBy Edward J. SchoenbaumBench and Bar, December 2004The 126th Annual Meeting of the American Bar Association was held August 5-10, 2004, at the Georgia World Congress Center in Atlanta, Georgia.
Report on the ABA Annual MeetingBy Hon. Edward J. SchoenbaumAdministrative Law, October 2004The 126th Annual Meeting of the American Bar Association was held August 5 - 10, 2004, at the Georgia World Congress Center in Atlanta, Georgia.
Representing the child in proceedings under the Illinois Marriage and Dissolution of Marriage ActBy Melanie CaspiWomen and the Law, February 2004Section 506 of the Illinois Marriage and Dissolution of Marriage Act authorizes the court, on its own motion or by motion of either party, to appoint an attorney to represent the children "in proceedings involving the support, custody, visitation, education, parentage, property interest or general welfare of a minor or dependent child."
A request for refund of impact fees paid is not barred by the Tort Immunity ActBy John H. BrechinLocal Government Law, April 2004Raintree filed an action against Long Grove, seeking a declaratory judgment as to the validity of the Village's ordinance requiring the payment of impact fees to obtain building permits. Its action also sought a refund of the fees paid by Raintree totaling more than $80,000.
Respondents in Discovery—A useful toolBy Martin A. Dolan & Myco T. DangTort Law, November 2004While section 2-402 applies to all civil litigation, this article mainly deals with medical malpractice litigation, and it addresses the issue of respondents in discovery in light of the recent Illinois Appellate Court, First District, ruling in Robinson v. Johnson.
Restriction of litigants’ access to protected health information under HIPAABy Jeffrey P. CarrenFederal Civil Practice, May 2004Regulations issued by the Secretary of Health and Human Services under the Health Insurance Portability and Accountability Act ("HIPAA") prohibit covered entities-health plans, health care clearinghouses and health care providers-from using or disclosing protected health information ("PHI") without the consent of the individual who is the subject of the information, unless such use or disclosure is specifically permitted by the regulations.
Restrictive covenant / covenant not to compete updateBy Michael R. LiedLabor and Employment Law, June 2004The courts continue to churn out cases interpreting restrictive covenants in the employment context. An analysis of some recent cases follows.
