Articles From 2004 | Illinois State Bar Association

Update by banking committee By Timothy J. Howard Commercial Banking, Collections, and Bankruptcy, February 2004 Since our last meeting, we report the following matters relating to banking law:

Update on international law in the U.S. Supreme Court By Bradshaw Smith International and Immigration Law, December 2004 Who is to be blamed for the death of a passenger on an international flight?

Update on Tax Cases (06/01/2004 to 10/25/2004) State and Local Taxation, November 2004 Recent cases of interest.

US and EU approaches to the antitrust analysis of intellectual property licensing: Observations from the enforcement perspective By Makan Delrahim June 2004 In today's world, whether firms are creators or consumers, intellectual property rights are crucial to performance. Intellectual property rights, whether copyrights, patents, or another legal form, are increasingly crucial to all sectors of the economy and continue to fulfill Thomas Jefferson's prophecy of providing the "fuel to the fire of ingenuity."

U.S. Supreme Court decides bankruptcy cases of interest By Jeffrey D. Richardson Commercial Banking, Collections, and Bankruptcy, May 2004 In our November 2003 issue I wrote an article about three bankruptcy decisions which were under review by the United States Supreme Court. I promised to keep you posted.

U.S. Supreme Court finds change in early retirement entitlement under pension plan violated ERISA’s “Anti-Cutback” rule By Andrew B. Cripe Young Lawyers Division, August 2004 In Central Laborers' Pension Fund v. Heinz, the U.S. Supreme Court found that a multi-employer pension fund violated the Employee Retirement Income Security Act of 1974 (ERISA) by changing the rules for when employees would be eligible for early retirement benefits.

The U.S. Supreme Court reverses itself in Crawford v. Washington By Margaret O’Mara Frossard Bench and Bar, May 2004 A recent ruling by the U.S. Supreme Court could make it more difficult for prosecutors to use out-of-court statements against defendants at trial.

U.S. Supreme Court to review 11th Circuit COGSA Himalaya Clause decision By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2004 The U.S. Supreme Court has agreed to review the decision by the U.S. Court of Appeals for the 11th Circuit in Kirby v. Norfolk Southern Railway Company, Case No. 01-13776, decided August 8, 2002.

The use of lis pendens notices By Dennis R. Bordyn Agricultural Law, August 2004 Many of us have seen the use of a lis pendens in situations where it just didn't seem right. Perhaps in conjunction with a divorce, by a realtor trying to collect a commission or as a purposeful impediment to a proposed sale of the land in an effort to collect money.

The use of other discriminatory acts to prove liability: An analysis of recent Seventh Circuit jurisprudence By James W. Springer Federal Civil Practice, May 2004 English and American law have generally looked with disfavor on attempts to prove (or disprove) liability, through proof of acts or behavior on other occasions.

The use of TMDLs to regulate nonpoint sources of water pollution By Jorge Mihalopoulos Environmental and Natural Resources Law, January 2004 A nonpoint source of water pollution is generally understood to be pollution in the form of runoff from farming, ranching, forestry and land development activities.

Using PowerPoint to prove your point at trial By Patrick T. Barone Tort Law, June 2004 Used correctly, PowerPoint can be an awesome tool of persuasion.

Using the irrevocable insurance trust By Jay S. Goldberg Trusts and Estates, June 2004 Many of us are familiar with the Irrevocable Insurance Trust ("ILIT") as a direct means of leaving tax-free benefits to the family. This article will discuss other uses of the tool.

USX Corporation v. White (1st. Dist. 2004) By John B. Truskowski State and Local Taxation, May 2004 The appellate court upheld the Illinois Secretary of State's determination that a reverse triangular merger was not a statutory merger for Illinois franchise tax purposes.

A valued investigation By Carol A. Cesaretti Workers’ Compensation Law, December 2004 In Robert Ross v. Entenmann's Bakery and Industrial Commission of Illinois, 2004 Ill.App. LEXIS 1246, the First District affirmed the Commission's decision holding that the claimant failed to prove an accidental injury arising out of and in the course of his employment.

Vested rights and tort immunity By John H. Brechin Local Government Law, April 2004 n 1981 the Village and O'Malley entered into an annexation agreement. In 1994 the parties extended the original annexation agreement to 2001 and O'Malley submitted a development concept plan to the Village

Victims’ Economic Security and Safety Act (“VESSA”), and jurisdiction by the Illinois Department of Labor By Diane E. Elliott Administrative Law, May 2004 VESSA was signed into Illinois law on August 25, 2003 and became effective on the date of signing.

Visitability-A welcome idea in home design Elder Law, October 2004 When people think of accessibility aspects of home design-such as wheelchair ramps and siderails in the bathroom, they usually think of those features as either being present in a home or facility designed for persons with physical disabilities or having to be installed in a home of one who recently became disabled.

Voice of the co-editor By Vickie Gillio Racial and Ethnic Minorities and the Law, May 2004 On April 3, 2004, our standing committee members met in St. Louis for our quarterly meeting in order to bring members together from throughout the state.

Waived errors: Obtaining review of issues not preserved in the trial court By Kerry J. Bryson Criminal Justice, March 2004 on appeal, review is limited to those matters which appear in the trial record. Accordingly, a complete record is a precursor to meaningful appellate review.

What can Kansas teach us? Casenote-Beware of spousal marital rights of election By Greg Johnson Elder Law, June 2004 Testamentary trust principal can easily be considered an available asset to a Medicaid applicant if the Medicaid applicant is considered to have access to the principal because of a failure to elect a marital share.

What constitutes a valid appointment as a commissioner? By Michelle D. Porro Workers’ Compensation Law, June 2004 The appellate court tackled this question in Sleeter v. Industrial Commission. No. 4-02-1044 WC. The first issue brought by this claim is simply a manifest weight of the evidence argument regarding accident.

What do attorneys think of mediation? By Thomas D. Cavenagh Alternative Dispute Resolution, December 2004 Mediation has become an attractive option for resolving legal conflicts of a wide variety. Anecdotal evidence suggests continuing growth in the use of the process by attorneys, but empirical evidence supporting the supposition has not been developed widely.

What is necessary to establish that an individual has a disability? By Shari R. Rhode Federal Civil Practice, May 2004 In Poor v. Bridgestone/Firestone, Inc. (Central District, Case No, 00-2321), the court issued a decision on a motion for summary judgment in a case under the Americans with Disabilities Act that provides an excellent text for anyone practicing or wishing to practice in the area of disability discrimination.

What is the Madrid Protocol? Intellectual Property, February 2004 The Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol) is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an "international application."

What the CAN-SPAM Act of 2003 means for associations By Henry Hart Corporate Law Departments, January 2004 On December 16, 2003 President Bush signed into law the "CAN-SPAM Act of 2003." The provisions of this Act that are most pertinent to a typical association are described below:

What’s all the fuss about VoIP? Money! A CoLT primer By Peter Mierzwa Legal Technology, Standing Committee on, September 2004 VoIP or Voice Over Internet Protocol is the technology that allows you to make telephone calls using a broadband Internet connection instead of a regular, analog phone line.

What’s next? Following up on the 1990 Illinois Task Force Report on Gender Bias in the Courts Women and the Law, June 2004 In 1990, a task force of the Illinois State Bar Association, Chicago Bar Association and the Women's Bar Association of Illinois issued a report on gender bias in the Illinois courts.

When does Section 3-103(2) of the Administrative Review Law create a right to amend a complaint for administrative review: Smida provides the three conditions By J.A. Sebastian Administrative Law, October 2004 The Second District Appellate Court recently considered when a party should be allowed leave to amend a complaint for administrative review if a plaintiff fails, initially, to comply with section 3-107(a) of the Administrative Review Law by not naming a party of record.

When filing a summons for the employer, make sure the principal signs the bond By Richard D. Hannigan Workers’ Compensation Law, March 2004 In Freedom Graphic Systems, Inc. v. Industrial Commission, the appellate court addresses the issue of whether section 19(f) requires "strict compliance" when a bond is filed with the circuit court but unsigned.