Case commentsBy Michael J. WeicherBusiness and Securities Law, January 2004Background 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 updateBy Lee Ann SchoeffelGovernment Lawyers, September 2004Arvia 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 updateBy Lee Ann SchoeffelGovernment Lawyers, June 2004Clark 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 updateBy Kristen WeberAlternative Dispute Resolution, May 2004John 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 updateBy Lee Ann SchoeffelGovernment Lawyers, March 2004Recent cases of interest.
Case law updateBy Kristen WeberAlternative Dispute Resolution, March 2004Trial 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 updateBy Ellen PaulingChild Law, March 2004The 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 noteMineral Law, March 2004Bill 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 summariesBy Michael O’BrienAlternative Dispute Resolution, December 2004Eric Jensen (Jensen) entered into a franchise agreement with Quik International (Quik) on July 3, 2002. T
Case summariesBy George S. Miller & Alfred M. Swanson, Jr.Bench and Bar, June 2004In 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 summariesBy Alfred M. Swanson, Jr.Bench and Bar, March 2004Following a bench trial, defendant was found guilty of first degree murder, and sentenced to 60 years imprisonment.
Case summaryBy Steven KandelmanState and Local Taxation, June 2004Procedural 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 synopsisBy Regina W. CalabroFederal Civil Practice, November 2004In 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 synopsisBy Patricia M. FallonFederal Civil Practice, May 2004Melissa 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
CasesInsurance Law, December 2004Recent cases of interest.
CasesInsurance Law, November 2004Automatic 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.
CasesInsurance Law, January 2004Summaries of recent cases.
Cases of noteBy Richard Posner, Alfred M. Swanson, Jr., George S. Miller, Barbara Crowder, Michael Kiley, Philip Lading, & J.A. SebastianBench and Bar, January 2004Appeal 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 fateBy Hugh F. DrakeBusiness Advice and Financial Planning, June 2004Two 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 ActBy Michael R. LiedLabor and Employment Law, August 2004In 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").
Certification of hospital recordsBy Carol A. CesarettiWorkers' Compensation Law, December 2004National 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 columnBy Thomas M. BattistaAdministrative Law, June 2004In the context of an Illinois administrative proceeding, when one discusses procedural due process, a consistent set of rules is unavailable.
Chairman’s columnBy Shari R. RhodeFederal Civil Practice, March 2004The 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 columnBy Thomas M. BattistaAdministrative Law, February 2004The Illinois State Bar Association has for years integrated new technologies with services to its members.
The chairman’s column-Saying goodbye to a productive yearBy John K. NorrisState and Local Taxation, June 2004Wow! 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 cornerBy Kelli E. MadiganFederal Taxation, December 2004Greetings 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.