Civil orders for uncivil behaviorBy Barbara CrowderBench and Bar, March 2004The 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 LeagueMarch 2004The 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.
Clerical error. When is the proper time to file a Review?By Richard D. HanniganWorkers' Compensation Law, March 2004The 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 unenforceableBy James K. Weston, Sr.Mineral Law, August 2004A 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 ).
Comments from the chairFederal Civil Practice, February 2004It 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 QatarBy Howard L. StovallInternational and Immigration Law, September 2004The 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.
A comparison of single-family residential contract formsBy Steven P. ZimmermanReal Estate Law, December 2004The 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 techniquesBy Jay S. GoldenbergTrusts and Estates, December 2004Tax 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 defenseBy Jeffrey M. PollockEnvironmental Law, January 2004CERCLA 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.
Contracts-Did one exist?By John H. BrechinLocal Government Law, April 2004Plaintiff 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 actionsBy R. Stephen Scott & Mark D. ThielenCorporate Law Departments, November 2004In 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.
Corporate and partnership tax updateBy Kelli E. MadiganFederal Taxation, December 2004The 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 updateBy James S. ZmudaFederal Taxation, March 2004In 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 updateBy Kelli E. MadiganFederal Taxation, June 20041. 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.
CorrectionState and Local Taxation, December 2004In 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."
CorrectionElder Law, March 2004In 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. HaffBusiness and Securities Law, January 2004Issue: 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.