Articles From 2004

Summary of new implementation of SEVIS fee for certain foreign students and exchange visitors By Scott D. Pollock & Marta Delgado International and Immigration Law, August 2004 Effective September 1, 2004, unless exempted, foreign students and exchange visitors receiving SEVIS Form I-20 or DS-2019 with an issuance date of September 1, 2004 or later will be required to pay a SEVIS fee.
Summary of recent decisions Administrative Law, December 2004 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
Summary of recent decisions Administrative Law, November 2004 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
Summary of recent decisions Administrative Law, October 2004 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
Summary of recent decisions By Edward J. Schoenbaum Administrative Law, September 2004 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
Summary of recent decisions Administrative Law, June 2004 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporters of Decision’s Web sites.
Summary of recent decisions Administrative Law, May 2004 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporters of Decision's Web sites.
Summary of recent decisions Administrative Law, February 2004 These summaries were prepared by Adrienne W. Albrecht for the ISBA Illinois E-Mail Case Digests, which are free e-mail digests of Illinois Supreme and Appellate Court cases available to members soon after the cases appear on the Internet, with a link to the full text of the slip opinion on the Illinois Reporter of Decision's Web site.
Summary of recent federal cases By Teresa Faherty Blomquist Employee Benefits, May 2004 1. ADEA gives age discrimination reprieve. Follow-up to Erie County Retirees Association v. Erie County, 3d Cir., No. 99-3877, 8/1/00.
Summer of 2004: Legislation of note By J.A. Sebastian Bench and Bar, October 2004 During the month of July 2004, while the Governor and legislators debated the state's budget, several legislative proposals became effective and their enactment into law may be of interest to members of the bench and bar. The
“Support Our Troops,”- it’s more than a bumper sticker: Proposed regulations for implementation of USERRA1 By Stephen E. Balogh Labor and Employment Law, November 2004 In April, 2003, this publication told us "what every employer should know" about the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA" or the "Act").
Supreme court announces interim appointment to appellate court By Joseph Tybor Bench and Bar, December 2004 The Supreme Court of Illinois has reappointed Judge Clyde L. Kuehn to the Appellate Court of the 5th Judicial District to fill, on a short-term basis, the vacancy created by the departing Gordon S. Maag.
Supreme Court approves collective bargaining for official court reporters By Alfred M. Swanson, Jr. Bench and Bar, October 2004 In an Order filed July 1, 2004, the Illinois Supreme Court voted to recognize Local 1220 of the International Brotherhood of Electrical Workers as the official bargaining representative for official court reporters in the Circuit Court of Cook County.
Supreme Court clarifies contempt for violating supervision in ordinance violation cases By Thomas A. Bruno Bench and Bar, October 2004 It is a misuse of the contempt power of the court to impose a sentence of incarceration on minor defendants who fail to meet the terms of their court supervision sentences in municipal ordinance violation cases.
Supreme Court denies foreign nationals their individual rights conferred to them by the Vienna Convention By Adrian Zeno International and Immigration Law, May 2004 Recently, the Illinois State Bar Association held a meeting discussing the possible status of foreign nationals after they are taken into custody by U.S. officials.
Supreme Court finds that HMO employee benefit plan eligibility decisions are governed by ERISA and therefore not subject to claims under state health care liability laws By William L. Scogland & Galen Mason Employee Benefits, September 2004 In Aetna Health Inc. v. Davila and CIGNA Health Care, Inc. v. Calad, the Supreme Court ruled that patients cannot use state health care liability laws to sue health maintenance organizations (HMOs) for claims relating to an HMO's interpretation of an employer-provided benefit plan.
Supreme Court in review By Joseph M. Gagliardo Federal Civil Practice, March 2004 The following is a summary of the seven employment law cases decided by the U.S. Supreme Court during its 2002-2003 term.
Supreme Court limits remedies available to managed care plan participants By Anthony E. Antognoli Young Lawyers Division, August 2004 In a unanimous decision, the Supreme Court of the United States recently ruled that participants in managed care health plans, such as Health Maintenance Organizations ("HMOs"), may not sue their plans in state court for injuries they allege to have been caused by a plan's negligence in handling coverage decisions.
Supreme Court Rule 216 offers a potential method to recover the expense of an evidence deposition after the Vicencio decision By Michael J. Marovich Civil Practice and Procedure, November 2004 In preparing for trial, I have seen plaintiff's attorneys send to defense counsel requests to admit facts that seek admissions regarding the causal connection of medical treatment and the reasonableness of the medical bills in an effort to avoid the expense of taking evidence depositions of doctors or medical records personnel.
Supreme Court rules ADEA does not prohibit reverse age discrimination By Kyle Brown Corporate Law Departments, August 2004 The U.S. Supreme Court recently ruled that the Age Discrimination in Employment Act (ADEA) does not prohibit employment or benefit practices that favor older workers over younger workers, even when the younger workers fall within the ADEA's protected class
The Supreme Court upholds COLA for judges By Charles W. Pacey & Alfred M. Swanson, Jr. Bench and Bar, June 2004 Justice Rarick wrote the unanimous opinion issued May 20, 2004, in Jorgensen, et al. v. Blagojevich, et al., that declared the attempt to eliminate the cost-of-living adjustments to judicial salaries for fiscal years 2003 and 2004 to be unconstitutional.
Supreme Court wrap-up By Channing J. Martin Environmental and Natural Resources Law, November 2004 (Notice to librarians: The following issues were published in Volume 34 of this newsletter during the fiscal year ending June 30, 2004: August, No. 1; October, No. 2; January, No. 3; June, No. 4).
Swilley, et al. v. County of Cook, et al. By Steven Kandelman State and Local Taxation, July 2004 Factual Background: The Plaintiffs, a group of taxpayers, challenged the Cook County Treasurer's authority to transfer property to the City of Chicago, for no cash.
Synopses of selected 2003 FMLA decisions By Alisa B. Arnoff Labor and Employment Law, April 2004 Administrative hearing officer found employee terminated for cause; employee did not appeal the decision.
Tax administration and procedure update By Thomas F. Arends & Richard M. Colombik Federal Taxation, May 2004 The editorial staff of the newsletter would like to inform members of the Federal Taxation Section that Mr. Thomas Arends and Mr. William Gasa of the Section Council currently serve as liaisons for the Section to the Internal Revenue Service.
Tax administration and procedure update By Thomas F. Arends & Richard M. Colombik Federal Taxation, March 2004 The editorial staff of the newsletter would like to inform members of the Federal Taxation Section that Mr. Thomas Arends and Mr. William Gasa of the Section Council currently serve as liaisons for the Section to the Internal Revenue Service.
Tax administration and procedure update By Thomas F. Arends & Richard M. Colombik Federal Taxation, February 2004 The editorial staff of the newsletter would like to inform members of the Federal Taxation Section that Mr. Thomas Arends and Mr. William Gasa of the Section Council currently serve as liaisons for the Section to the Internal Revenue Service.
Tax Court decision By Mark E. Zumdahl Trusts and Estates, February 2004 Estate of Mildred Green v. Commissioner, TC Memo 2003-348 decided by the Tax Court, illustrates the importance of a clearly drafted tax apportionment clause.
Tax procedure and administration update: Innocent spouse - Equitable relief available under IRC section 6015(f) By William M. Gasa Federal Civil Practice, June 2004 Section 3201(c) of the Internal Revenue Service Restructuring and Reform Act of 1998, commonly known as RRA 98, enacted Section 6015 and amended Section 66(c) of the IRC, hereinafter referred to as the Code.
Tax rulings By James K. Say Trusts and Estates, December 2004 PLRs 2004-32027, 2004-32028, and 2004-32029 (8/6/04) were requests brought by three siblings to determine whether an IRA owned by their father could still be subdivided to each of them, even though the IRA had passed through a trust which had itself paid various estate and administrative expenses from IRA assets.