Articles From 2004

A citizen’s tip is not enough to justify a stop of a motor vehicle without sufficient detail or corroboration By Sean D. Brady Traffic Laws and Courts, December 2004 The Second District Appellate Court recently addressed the issue of a citizen-tip of reckless driving in the case of Village of Mundelein v. Minx, 352 Ill.App.3d 216, 815 N.E.2d 965, 287 Ill. Dec. 321 (2d Dist. 2004).
The City of Chicago Department of Administrative Hearings Administrative Law, April 2004 On January 27, 2004, James M. Reilly, Director of the City of Chicago's Department of Administrative Hearings, spoke to the Chicago Bar Association's Administrative Law Judges Committee.
Civil orders for uncivil behavior By Barbara Crowder Bench and Bar, March 2004 The Civil No Contact Order Act went into effect on January 1, 2004, and allows for entries of protective orders on behalf of any petitioner who is the victim of a non-consensual sexual conduct or penetration.
Clarett v. National Football League March 2004 The district court for the Southern District of New York granted Maurice Clarett's Sherman Act Section 1 motion for summary judgment challenging an NFL rule that prohibits teams from drafting players who are not at least three seasons removed from their high school graduation.
Clarifications and corrections Elder Law, October 2004 Corrections.
Clerical error. When is the proper time to file a Review? By Richard D. Hannigan Workers' Compensation Law, March 2004 The appellate court seems to deal with this issue once every four years. In Diane Schultz v Forest Preserve District of Cook County, 1-02-2860 WC filed by the First District Appellate Court, Industrial Commission Division revisited that issue.
Coal option penalty unenforceable By James K. Weston, Sr. Mineral Law, August 2004 A recent Seventh Circuit decision affirmed the U.S District Court for the Southern District of Illinois in the case of Energy Plus Consulting, LLC, v. Illinois Fuel Company, LLC and Appalachian Fuels, LLC, __ F2nd __ (No. 03-1836; June 9, 2004; 7th ).
Collection activity for a nursing home may be a violation of the Fair Debt Collection Practices Act By Naomi H. Schuster Elder Law, March 2004 During the past year I represented a client who found himself as a Defendant in an action filed by a nursing home in the Chicagoland area for nonpayment on a personal guarantee for his deceased sister's nursing home expense.
Comments from the chair Federal Civil Practice, February 2004 It is an exciting time for attorneys in the Federal Courts. We are facing our newest challenge. Electronic filing is here for some of us and close for the rest.
Commercial agency and distributorship law in Qatar By Howard L. Stovall International and Immigration Law, September 2004 The Qatari government has issued a number of important commercial laws in recent years, liberalizing local trade rules and better integrating Qatar into the global marketplace.
Commercial real estate contract preparation checklist By Herbert J. Klein Business Advice and Financial Planning, October 2004 Following is a checklist in preparing or reviewing a commercial real estate contract:
Commission news By Richard D. Hannigan Workers' Compensation Law, March 2004 Updates of interest to workers' comp law practitioners.
The common law approach and improving standards for analyzing single firm conduct By R. Hewitt Pate March 2004 A speech from R. Hewitt Pate to the Thirtieth Annual Conference on International Antitrust Law and Policy at Fordham.
A comparison of single-family residential contract forms By Steven P. Zimmerman Real Estate Law, December 2004 The landmark case of Chicago Bar Association v. Quinlan and Tyson, Inc., 34 Il.2d 116, 214 N.E.2d 771 (1966), continues to define the right of licensed brokers and their agents (collectively, real estate licensees) to prepare real estate contracts on forms customarily used in the community while prohibiting these real estate licensees from engaging in other actions which would constitute the unauthorized practice of law.
Comparison of transfer techniques By Jay S. Goldenberg Trusts and Estates, December 2004 Tax planning is a quantitative matter. No matter how good a technique sounds, we don't know anything until we actually run the numbers.
The confused state of the useful product defense By Jeffrey M. Pollock Environmental Law, January 2004 CERCLA section 107(a)(3) provides that a person is liable for the disposal of a hazardous substance. Specifically, any person who "arranged for disposal . . . of hazardous substances owned by such person" is covered by the broad grasp of CERCLA liability.
Considerations to be made with respect to advance directives By Franklin M. Hartzell Trusts and Estates, February 2004 In the preparation of estate plans for clients, most lawyers draft Advance Directives.
Construction necessitated zoning variations By Jack H. Tibbetts Real Estate Law, November 2004 An unusual situation occurred in Oak Park recently.
Consumer protection in India By Karen Kaspar January 2004 In the age of globalization and a growing trend toward free trade, the consumer in today's market is at a significant disadvantage.
The continuing evolution of immigration law to address issues of domestic violence By Cindy G. Buys International and Immigration Law, June 2004 Violence against women is present in every country, but it is even greater where women suffer more economic disadvantages.
Contracts-Did one exist? By John H. Brechin Local Government Law, April 2004 Plaintiff D.S.A. purchases accounts receivable from other companies at a discount. In November 2000, a representative from D.P. Staffing approached D.S.A. noting that D.P. Staffing had provided services to Provident Hospital, and as a result Provident owed D.P. Staffing more than $300,000.
Controlling persons’ qualified privilege to influence corporate actions By R. Stephen Scott & Mark D. Thielen Corporate Law Departments, November 2004 In its recently published opinion in IOS Capital, Inc. v. Phoenix Printing, Inc., d/b/a Colortech Printing, et al.,1 ("IOS" hereafter), the Fourth District Appellate Court of Illinois reaffirmed Illinois' common law rule allowing a controlling shareholder/director the qualified privilege to influence corporate actions.
Cook County Board of Review v. Property Tax Appeal Board and The Lurie Company, Docket No. 1-01-3232 (1st Dist., December 16, 2003) By Timothy E. Moran State and Local Taxation, January 2004 In August 2002, the appellate court issued its ruling in Board of Review v. Property Tax Appeal Board (Bosch).
Coping with declining health and finances: Ideas, thoughts, and suggestions for your Powers of Attorney By Paul A. Meints Elder Law, March 2004 The following items are some thoughts and suggestions, including sample drafting, for keeping your documents current.
Corporate and partnership tax update By Kelli E. Madigan Federal Taxation, December 2004 The tax court in Comtek considered, after stipulation of facts by the taxpayer and the Service, whether the taxpayer, a Connecticut corporation, and Crocus International, a Russian corporation, were joint venturers.
Corporate and partnership tax update By James S. Zmuda Federal Taxation, March 2004 In Alphonse Mourad, 121 T.C. No. 1 (2003), the Tax Court ruled that a Chapter 11 filing does not cause termination of a corporation's S status.
Corporation and partnership tax update By Kelli E. Madigan Federal Taxation, June 2004 1. Charles Schwab Corp., 122 T.C. 191 (March 9, 2004). The taxpayer successfully showed the value and useful life of discount brokerage customer accounts purchased from a discount stock brokerage and was therefore entitled to amortize them under Internal Revenue Code Section 167.
Correction State and Local Taxation, December 2004 In the November 2004 issue of Tax Trends, John Norris was mistakenly listed as author of the article entitled, "2004 IDOR Practitioners' Meeting Questions and Answers."
Correction Elder Law, March 2004 In the book review of Long Goodbye: The Deaths of Nancy Cruzan by John Voorn (Vol. 9 No. 8, December 2003), a sentence was inserted by the editors saying that the Governor of Florida had signed a bill to reinsert a feeding tube into Terry Schiavo after a federal court had ordered the tube removed. It was a state probate judge that issued the order.
Cosgrove Distributors, Inc. v. Haff Business and Securities Law, January 2004 Issue: Whether a creditor may pierce the corporate veil and hold the shareholders liable for the debts of the corporation when the creditor failed to perceive that the debtor party was a corporation.