Council legislative initiativeBy James K. Weston, Sr.Mineral Law, March 2004Readers of this newsletter will recall our discussion in the November 2001 edition of an amendment of the Partition Act that was intended to reverse the impact of Dunn v. Patton, 307 Ill. App. 3d 375, 718 N. E. 2d 264, 240 Ill. Dec. 783, 144 Oil & Gas Rep. 70.
Court annexed mediation in Cook CountyBy Michael S. JordanBench and Bar, May 2004Mediation is a process whereby the parties are empowered by principled negotiation aided by the involvement of an impartial and non-decisional neutral who enhances communication and encourages collaborative problem solving that results in a voluntary settlement with improved relationships.
A Court That Shaped AmericaBy Richard CahanBench and Bar, March 2004A Court That Shaped America is a "must read " history of the U.S. District Court for Illinois and later the Northern District of Illinois. Northwestern University Press is the publisher.
Courts Commission dismisses Judge GolniewiczBy Alfred M. Swanson, Jr.Bench and Bar, December 2004On November 15, 2004, the Illinois Courts Commission handed down its long-awaited ruling on Judicial Inquiry Board charges against Judge Francis X. Golniewicz.
Covenants, conditions and restrictions: a trend of enforcementBy Richard F. BalesReal Estate Law, December 2004Fifteen years ago, title insurance maven Ron Otto wrote an article for the Real Property newsletter (October 1989 issue) entitled "Covenants, Conditions and Restrictions: A Trend of Enforcement Denial." The article was a review of Illinois case law as to when a court will deny the enforcement of covenants, conditions and restrictions (hereafter CC&Rs).
Crossing cultural barriers by creating a more cohesive multicultural work environmentBy Gloria PetersenYoung Lawyers Division, June 2004Adapting by understanding cultural differences and overcoming personal biases are important skills. The real value is in the confidence it gives you, the example it sets for others to follow, and the positive impression it makes on colleagues, management, and clients.
Curfew law revisited to remove chill on minors’ First Amendment rightsBy Joy A. RobertsLocal Government Law, November 2004On January 22, 2004, the United States Court of Appeals, Seventh Circuit, rendered a ruling in Hodgkins v. Peterson, 355 F.3d 1048 (7th Cir. 2004), that prompted a constitutional reassessment of municipal curfew ordinances.
Cutting the pie: Determining partner compensationBy John W. OlmsteadLaw Office Management and Economics, Standing Committee on, April 2004Many law firms are struggling with compensation systems that no longer meet the needs of the firm and the individual partners. Failure to explore alternatives to failing systems often result in partner dissatisfaction, leading to partner defections and disintegration of the firm.
Danger signs in vertical pricing arrangementsBy Blake L. HarropMarch 2004One of the most difficult areas of counseling under the antitrust laws is in the area of Resale Price Maintenance ("RPM"), an area where suppliers become actively involved with the resale prices of their customers.
DCFS violates due process of teacher accused of sexual abuseBy Leon FoxAdministrative Law, June 2004We are all familiar from our law school days with the procedural due process rights required under Mathews v. Eldridge, 424 U.S. 319 (1976), where a liberty interest is involved.
De novo review of underinsurance arbitration awardsBy Michael J. MarovichCivil Practice and Procedure, May 2004Victims of automobile accidents often face defendants who lack the resources or the insurance coverage to pay a fully compensatory award of damages.
Dealing with emotionally distraught and irate clientsBy Jeffrey A. RouhandehLaw Office Management and Economics, Standing Committee on, January 2004The business of law is service-oriented. This means you deal with people on a one-to-one basis just like a retailer or plumber.
Dealing with life insurance in Medicaid eligibility planningBy Wesley J. CoulsonElder Law, June 2004Because the Illinois Medicaid eligibility manual (PM 07-02-07) severely limits ownership of life insurance policies by a prospective applicant for Medicaid long-term care benefits, it is often necessary to divest ownership of such policies.
Dealing with premarital agreements from other countriesBy Kevin Ross JohnsonInternational and Immigration Law, January 2004A man comes to your office with a big problem: His marriage took place in another country, his wife has now filed a marriage-dissolution (divorce) case here in Illinois, and she says she is entitled to a large payment under the terms of a 'premarital agreement.'
Defendant status issue stays Carmack preemptionBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, December 2004Judge David Coar of the U.S. District Court for the Northern District of Illinois has denied a Rule 12(b)6 Motion to Dismiss based on Carmack Amendment preemption under 49 U.S.C.
Dementia patients and the criminal justice systemBy John W. FoltzElder Law, March 2004What happens when the police respond to a report of domestic battery in which the perpetrator may have dementia?
Deposing the “master”By William J. BorahLabor and Employment Law, February 2004It is not what the truth is, it is what we can prove."
Did you ever wonder…?By Philip E. KoenigTrusts and Estates, June 2004Did you ever wonder why most standard will and trust clauses direct an executor to pay all of the Decedent's debts "except those debts which are secured by an interest in real estate, beneficial interest in a land trust, a cooperative or by an assignment of a life insurance policy?"
Discovery abuses in the federal systemBy Regina W. CalabroFederal Civil Practice, November 2004The Federal Civil Practice Section is directed to raise issues of immediacy of federal practice and then provide necessary, timely, and hopefully rewarding assistance to the lawyer that practices in the federal courts within any of the three districts of Illinois.
District court finds actual carrier notice of cargo loss excuses late shipper claimBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, December 2004In Mitsui Sumitomo Insurance Co. Ltd., et al., v. Watkins Motor Lines, Inc., Case No. 03-2741 (10/8/04), U.S. District Court Judge Samuel Der-Yeghiayan granted the plaintiffs' summary judgment motion in Carmack Amendment 49 U.S.C. 14706 cargo loss and damage litigation and denied without prejudice defendant's partial motion for summary judgment to limit its damages.
District court sustains Carmack Amendment federal jurisdiction on international shipmentBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, June 2004In Capital Converting Equipment, Inc. v. LEP Transports, Inc., F.2d 391 (7th Cir. 1992), the U.S. Court of Appeals for the 7th Circuit held that the Carmack Amendment, 49 U.S.C. §11706, provides no cargo damage remedy against rail carriers on international shipments originating at points in foreign countries and moving to U.S. destinations on through bills of lading unless some domestic part of the shipments were covered under separate bills of lading issued by domestic rail or motor carriers.
Divided 4th District Appellate Court sustains non-solicitation clauseBy William D. BrejchaEnergy, Utilities, Telecommunications, and Transportation, April 2004In a 2-1 decision, the Illinois Appellate Court for the 4th District has found that a non-solicitation clause in a broker-carrier contract is enforceable against the motor carrier on business that the motor carrier had secured on its own without any broker referral in Berryman Transfer & Storage Company, Inc. v. New Prime, Inc., Case No. 4-03-0345, decided 2/28/2004.
Do a domainBy James BumgarnerLegal Technology, Standing Committee on, September 2004In the Standing Committee on Legal Technology newsletter, June 2004, Vol. 11. No.4, the article "How to Design a Simple Education-Based Web Site for an Individual Attorney" explains what a good law office Web page and its links should contain.
