Articles From 2004

Case comments By Michael J. Weicher Business and Securities Law, January 2004 Background facts: Zebra Technologies Corporation (Zebra) is a Delaware corporation, located in Vernon Hills, Illinois, which develops and manufactures two-dimensional bar coding equipment.
Case law update By Lee Ann Schoeffel Government Lawyers, September 2004 Arvia v. Madigan, No. 95590 (April 15, 2004). Although facial challenge to "zero tolerance law" (625 ILCS 5/11-501.8 (West 2000)) does not require exhaustion of administrative remedies and is not waived by failure to file administrative review of decision by the Secretary of State to deny motion to rescind summary suspension of plaintiff's driver's license, trial court erred when it held that law violates due process and equal protection.
Case law update By Lee Ann Schoeffel Government Lawyers, June 2004 Clark v. White, 343 Ill. App. 3d 689 (4th District, September 25, 2003). Hearing officer's decision to deny applicant a restricted driving permit is against the manifest weight of the evidence because applicant proved by clear and convincing evidence both that lack of driving privileges caused him an undue hardship, requiring that either he miss work or that his wife turn down overtime pay in order to transport him to work, and that he had resolved his alcohol problem.
Case law update By Kristen Weber Alternative Dispute Resolution, May 2004 John Joyner, as guardian for his incapacitated mother, filed a claim with the National Association of Securities Dealers, Inc. (NASD) against Raymond James Financial Services, Inc. (James) for breach of fiduciary duty. NASD arbitration ensued.
Case law update By Lee Ann Schoeffel Government Lawyers, March 2004 Recent cases of interest.
Case law update By Kristen Weber Alternative Dispute Resolution, March 2004 Trial court did not abuse its discretion when it barred defendant from rejecting award of arbitrators based on failure to participate in arbitration proceedings in good faith, without conducting evidentiary hearing, when defense counsel argued about ruling on admission of SCR 90(c) package, refused to go forward with hearing, and later left hearing room after arbitrators left room to consult with circuit court judge.
Case law update By Ellen Pauling Child Law, March 2004 The court found that section 1 (D)(q) of the Adoption Act, the conviction of attempted murder of a child is identified as a grounds for parental unfitness, violates neither the due process nor equal protection clauses of the constitution because evidence of the respondent subsequent rehabilitation can be presented at best interests hearings.
Case note Mineral Law, March 2004 Bill Austin of Effingham has provided us with a copy of the Fifth Appellate District's recent Rule 23 Opinion from a case in which he represented the plaintiff.
Case Review: People v. J. Harrison as Trustee under trust No. 410 - A look at the use of alternative service in environmental enforcement actions By Lisle A. Stalter Environmental Law, November 2004 Many techniques have been used to protect property owners from liability for the condition of their property.
Case summaries By Michael O’Brien Alternative Dispute Resolution, December 2004 Eric Jensen (Jensen) entered into a franchise agreement with Quik International (Quik) on July 3, 2002. T
Case summaries By George S. Miller & Alfred M. Swanson, Jr. Bench and Bar, June 2004 In Feltmeier v. Feltmeier, 207 Ill.2d 263, 798 N.E.2d 75 (2003), the Supreme Court recognized a cause of action for intentional infliction of emotional distress in a marital setting.
Case summaries By Alfred M. Swanson, Jr. Bench and Bar, March 2004 Following a bench trial, defendant was found guilty of first degree murder, and sentenced to 60 years imprisonment.
Case summary By Steven Kandelman State and Local Taxation, June 2004 Procedural History: The Illinois Department of Revenue found that the Plaintiff, the Calvary Baptist Church of Tilton ("Calvary"), did not qualify for the religious purposes tax exemption.
Case synopsis By Regina W. Calabro Federal Civil Practice, November 2004 In Maynard v. Nygren, the trial court concluded that the evidence and testimony clearly and convincingly demonstrated that Maynard was untruthful regarding his request for and receipt of the letter from his doctor, and that Maynard intentionally and willfully withheld the letter from the Sheriff.
Case synopsis By Patricia M. Fallon Federal Civil Practice, May 2004 Melissa Robinson brought this cause of action for hostile work environment, sexual harassment and constructive discharge pursuant to Title VII against Macon County and State Court Judge Warren A. Sappington. T
Casenote-The Toth case and its significance for the elder abuse program By Lee Beneze Elder Law, October 2004 The Toth decision was handed down by the Illinois Appellate Court in March, 2004.
Cases Insurance Law, December 2004 Recent cases of interest.
Cases Insurance Law, November 2004 Automatic insurance clause extends coverage to newly-acquired vehicle for accident occurring during grace period despite lack of notice to insurer that insured automobile has been replaced.
Cases Insurance Law, January 2004 Summaries of recent cases.
Cases of note By Richard Posner, Alfred M. Swanson, Jr., George S. Miller, Barbara Crowder, Michael Kiley, Philip Lading, & J.A. Sebastian Bench and Bar, January 2004 Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 01 C 6329-Joan Humphrey Lefkow, Judge.
Cash balance plans—An uncertain fate By Hugh F. Drake Business Advice and Financial Planning, June 2004 Two recent federal court decisions and subsequent congressional action have cast doubt on the future of cash balance pension plans so popular among large businesses.
Casino’s policies violate National Labor Relations Act By Michael R. Lied Labor and Employment Law, August 2004 In Double Eagle Hotel and Casino, 341 NLRB No. 17 (2004), a three-member panel of the National Labor Relations Board ("NLRB") found that several of the casino's policies violated the National Labor Relations Act ("NLRA").
Caution- Is the 412(i) defined benefit plan the right income tax reduction plan for your clients? By Roccy DeFrancesco Federal Taxation, February 2004 First it was charitable split dollar, then IRC section 419A(f)6 and soon it could be the 412(i) defined benefit plan.
CERCLA does not apply to U.S. pollution caused by U.S. military in other countries-Presumption against extraterritoriality By Matthew DeFlorio International and Immigration Law, May 2004 A federal judge in California dismissed a lawsuit filed on behalf of plaintiffs who had sued the United States Air Force, the U.S. Navy, the Defense Department, and Defense Secretary Donald Rumsfeld because of pollution near two former military bases in the Philippines.
Certification of hospital records By Carol A. Cesaretti Workers' Compensation Law, December 2004 National Wrecking v. Industrial Commission, establishes that certification of hospital records is the bare minimum procedural requirement for proper admission under Section 16 of the Act if the parties do not stipulate to the admission of such records.
Chairman’s column By Thomas M. Battista Administrative Law, June 2004 In the context of an Illinois administrative proceeding, when one discusses procedural due process, a consistent set of rules is unavailable.
Chairman’s column By Shari R. Rhode Federal Civil Practice, March 2004 The decisions of the courts, especially in the employment area, have been many. So many in fact that a single issue of the newsletter could not be large enough to bring them to you.
Chairman’s column By Thomas M. Battista Administrative Law, February 2004 The Illinois State Bar Association has for years integrated new technologies with services to its members.
The chairman’s column-Saying goodbye to a productive year By John K. Norris State and Local Taxation, June 2004 Wow! Where has the time gone? The 2004-2005 year is upon us already, and now it is time to reflect on the positive things State and Local Taxation did as a group. Where does one begin?
Chairman’s corner By Kelli E. Madigan Federal Taxation, December 2004 Greetings from the Chairman. As we begin the 2004-2005 year of the Federal Taxation Section Council, we look forward to serving all of the members of the Federal Taxation Section of the ISBA.