Section Newsletters

Articles From 2004

Results of DNA testing cannot be used to rescind a voluntary acknowledgment of paternity By Michele M. Jochner General Practice, Solo, and Small Firm, November 2004 The issue presented in People ex rel. The Department of Public Aid v. Smith (Docket No. 97120, Sept. 23, 2004) (2004 Ill. LEXIS 1027), is whether a man who signed a voluntary acknowledgment of paternity can use subsequent DNA test results to vacate that acknowledgment.
Retaliatory discharge By Carol A. Cesaretti Workers’ Compensation Law, December 2004 In Kevin C. Carter v. Tennant Company, 383 F.3d 673 (7th Cir, 2004), the Seventh Circuit held that because Carter was dishonest in filling out the "Health History Questionnaire" portion of his application that inquired about his prior work-related injuries and medical care, Tennant had a valid, non-pretextual reason to discharge him.
Retention of sales agents or representatives in Algeria By Michael L. Coleman & Celine van Zeebroeck International and Immigration Law, March 2004 For many years, Algeria had a statutory ban in regard to the retention of intermediaries in connection with the importation of products or equipment into Algeria and the preparation, negotiation and conclusion of any contracts relating to said importation.
Retire Chief Illiniwek By Richard L. Hutchison Human and Civil Rights, October 2004 Chief Illiniwek's performances were a welcome interlude when I attended sporting events as a student and later as an alumni at the University of Illinois' campus.
Retirement plans, insurance and taxes Business Advice and Financial Planning, May 2004 Publisher's note: In response to "The 70-80 percent tax trap: How to help clients avoid the double taxation of money in their qualified plan or IRA," which appeared in the last issue of The Counselor, a reader noted that the IRS has since issued guidance to shut down what it considers "abusive transactions" involving specially designed life insurance polices in retirement plans (so-called "section 412(i) plans").
Rev. Proc. 2003-44: A brand new tomorrow for correcting disqualifying failures* By Kathryn J. Kennedy Employee Benefits, February 2004 The Service's recently released Rev. Proc. 2003-44 is a welcome addition for employee benefits practitioners and for plan sponsors of qualified retirement and profit-sharing plans.
Rev. Proc. 2003-44: A brand new tomorrow for correcting disqualifying failures* By Kathryn J. Kennedy Employee Benefits, January 2004 The Service's recently released Rev. Proc. 2003-44 is a welcome addition for employee benefits practitioners and for plan sponsors of qualified retirement and profit sharing plans.
Revenue Ruling 2004-64 provides guidance on the grantor’s payment of income taxes for irrevocable trust By Justin J. Karubas Trusts and Estates, October 2004 On July 6, 2004, the Service issued Revenue Ruling 200464 providing that for gift tax purposes, there will be no gift when grantor pays income taxes, but depending on how those payments are reimbursed there may be estate tax inclusion.
Review of important new traffic laws of the 93rd General Assembly By Edward M. Maloney Traffic Laws and Courts, January 2004 Amends the Illinois Vehicle Code, Increases the penalty for fleeing or attempting to elude a peace officer from a Class A misdemeanor to a Class 4 felony.
A review of my first year as Chairman of the Illinois Industrial Commission By Dennis Ruth Workers’ Compensation Law, September 2004 Now that I have completed a year as Chairman of the Illinois Industrial Commission, I would like to review our accomplishments.
A review of recent cases that address the relationship between ALJs and agencies By Rebecca R. Pallmeyer Administrative Law, February 2004 Thanks so much for inviting me to be your breakfast speaker this morning. I haven't been a breakfast speaker very often-in fact, I must tell you I haven't been an after-dinner speaker very often! That may be because, unfortunately for my audience (and that includes all of you), I am not terribly funny.
Revival of judgment revived By Bob Markoff Commercial Banking, Collections, and Bankruptcy, September 2004 Illinois has a new Revival of Judgment Statute. It is found at 735 ILCS 5/2-1602. It became effective August 21, 2002.
Right of first refusal enforced By James K. Weston, Sr. Mineral Law, August 2004 A recent Rule 23 decision by the Fifth District Appellate court has been brought to out attention by Council member Bob Coble of Flora, who represented the losing party.
Road conveyancing after Benno By Howard Samson Real Estate Law, May 2004 The real estate attorney who rightfully considers himself a skilled practitioner is still, from time to time, heard to bemoan the intricacies of certain areas of his specialty.
SAMPLE DOCUMENT RETENTION POLICY Corporate Law Departments, June 2004 A sample policy, for your consideration.
Saying goodbye to a successful year By Kathryn J. Kennedy Employee Benefits, June 2004 At the ISBA Annual Meeting in June 2004, it was my pleasure to hand off the leadership of the Employee Benefits Section Council to its new chair, Lori Cowdrey.
Scamming the scammers Elder Law, October 2004 Not to be outdone by Nigeria, Canada has come up with its own scam on older persons.
Scenes from a middle-class vacation By John Reardon, Jr. Racial and Ethnic Minorities and the Law, November 2004 The monthly magazine of the Winnebago County Bar Association, "The Lawyer," has recently run some fascinating travel articles describing the vacation trips of some of our Association's members.
Second District holds that preliminary breath tests (PBTs) can be used as evidence in statutory summary suspension hearings By J. Brick Van Der Snick Traffic Laws and Courts, June 2004 In People of the State of Illinois v. Rozela, 345 Ill.App.3d 217, (2nd Dist. 2003), the Illinois Appellate Court held that Section 11-501.5 of the Vehicle Code permitted the State to introduce the result of a Preliminary Breath Test (PBT) to support the officer's conclusion that he had probable cause to arrest the Defendant for DUI in a statutory summary suspension hearing.
Section Chairman’s comments By Bruce L. Bonds Workers’ Compensation Law, March 2004 Chairman Dennis Ruth has just completed his first year as Chairman of the Illinois Industrial Commission.
Section members invited to help with CLE program proposals By Mark E. Wojcik Human and Civil Rights, February 2004 At the last meeting of our Section Council, I was authorized to draft several proposals for new continuing legal education programs that our section on Individual Rights and Responsibilities might co-sponsor with other ISBA sections, such as the Section on Torts or the Section on Family Law.
Senator Paul Simon: A personal reflection By Scott W. Gertz Young Lawyers Division, February 2004 Illinois has a rich tradition of producing honorable public servants. Senator Paul Simon, who died in December 2003, has long ago assumed his place at the very top of this pantheon.
Senior ISBA women lawyers share law practice insights, wisdom and humor Women and the Law, February 2004 To celebrate National Women's History Month, we thought it appropriate to communicate with women lawyers and to document their beliefs, observations and insights.
Senior judging By Milton Shadur Federal Civil Practice, March 2004 Senior status" for the federal judge is a label that covers a multitude of sins-at least as long as the sins don't collide with the constitutional guaranty that provides judges with tenure only "during good behavior."
Service by certified mail: Who has the burden of proof when the respondent claims he was never notified of the administrative proceeding (or what do you do when the Green card doesn’t come back)? By Andrew Creighton Administrative Law, June 2004 Many statutes governing administrative proceedings permit personal jurisdiction on the respondent by certified or registered mail service of process.
The Service upholds Power of Appointment as method to fully utilize estate tax exemption By Katherine M. Cunningham Trusts and Estates, October 2004 Some couples, even very wealthy ones, may not be able to use the full amount of their federal estate tax exemption unless they do some advance planning.
Setting a limit on environmental lawsuits By James D. Brusslan Environmental and Natural Resources Law, June 2004 It is common during negotiations for the sale of industrial property for the parties to assure that the site meets environmental standards.
Seven communication styles that can improve law firm performance and enhance firm profitability By Dr. Thomas J. Venardos Law Office Management and Economics, Standing Committee on, October 2004 Assessing yourself and having others in the office assess you on the above communication strategies can provide you with valuable information about your communication effectiveness.
Seventh Circuit caselaw update By Sumner A. Bourne Commercial Banking, Collections, and Bankruptcy, May 2004 In re Crawford, 324 F.3d 539 (7th Cir. 4/1/03): Debtor filed a Chapter 13 plan that sought to pay one unsecured debt faster than other unsecured debts, and classified one non-dischargeable debt for full payment.
Seventh Circuit clarifies at-will employment status under 42 U.S.C. section 1981 By Nile J. Williamson Labor and Employment Law, April 2004 Most Illinois employees work under an at-will employment status such that they can be fired for any reason or no reason at any time.