Articles From 2004

Council legislative initiative By James K. Weston, Sr. Mineral Law, March 2004 Readers 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.
A county has an implied authority to require subdivision applicants to reimburse the county for fees paid to consultants By John H. Brechin Local Government Law, April 2004 In 1995 Plaintiff submitted a proposed subdivision to Kane County for review.
Court annexed mediation in Cook County By Michael Jordan Bench and Bar, May 2004 Mediation 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 America By Richard Cahan Bench and Bar, March 2004 A 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 Golniewicz By Alfred M. Swanson, Jr. Bench and Bar, December 2004 On 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 enforcement By Richard F. Bales Real Estate Law, December 2004 Fifteen 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 environment By Gloria Petersen Young Lawyers Division, June 2004 Adapting 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 rights By Joy A. Roberts Local Government Law, November 2004 On 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.
The Customs-Trade Partnership Against Terrorism (C-TPAT) seeks to prevent dangerous goods from entering the United States under the cover of legitimate imports By Harvey Karlovac International and Immigration Law, January 2004 Duties levied on imported goods are the oldest source of revenue for the United States.
Cutting the pie: Determining partner compensation By John W. Olmstead Law Office Management and Economics, Standing Committee on, April 2004 Many 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 arrangements By Blake L. Harrop March 2004 One 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 abuse By Leon Fox Administrative Law, June 2004 We 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 awards By Michael J. Marovich Civil Practice and Procedure, May 2004 Victims of automobile accidents often face defendants who lack the resources or the insurance coverage to pay a fully compensatory award of damages.
Dealing with a grand jury investigation By John L. Conlon January 2004 Antitrust counsel sometimes forget that the Sherman Act is a criminal statute.
Dealing with emotionally distraught and irate clients By Jeffrey A. Rouhandeh Law Office Management and Economics, Standing Committee on, January 2004 The 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 employee morale after a reduction in force (RIF) By Valerie C. Perera Labor and Employment Law, August 2004 Since the year 2000, America has experienced the single largest employment slump in U.S. history.
Dealing with life insurance in Medicaid eligibility planning By Wesley J. Coulson Elder Law, June 2004 Because 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 countries By Kevin Ross Johnson International and Immigration Law, January 2004 A 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 preemption By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 2004 Judge 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.
The demand for soft skills for today’s job market: It’s more than class ranking and GPA By Gloria Petersen Young Lawyers Division, February 2004 Staying competitive in today's fast-changing job market requires more than credentials. The ability to get along with people and cement relationships is your best competitive edge.
Dementia patients and the criminal justice system By John W. Foltz Elder Law, March 2004 What happens when the police respond to a report of domestic battery in which the perpetrator may have dementia?
Denial or disclosure: Are lists of names and addresses exempt from disclosure under the Illinois Freedom of Information Act? By Michael Dallas Local Government Law, August 2004 Quite often, Freedom of Information Act (FOIA) requests seek a list of names and addresses. For example, a sports reporter from the Chicago Sun-Times may want the names and addresses of all State-licensed ticket brokers within the Chicago area to investigate "icing" practices among team box offices.
Department of Insurance merged into new Illinois Department of Financial and Professional Regulation (IDFPR) By Laura Kotelman Insurance Law, December 2004 During the February 2004 budget address, Governor Rod Blagojevich presented his plan to unite five agencies into the new Illinois Department of Financial and Professional Regulation (IDFPR).
Deposing the “master” By William J. Borah Labor and Employment Law, February 2004 It is not what the truth is, it is what we can prove."
Did you ever wonder…? By Philip E. Koenig Trusts and Estates, June 2004 Did 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 system By Regina W. Calabro Federal Civil Practice, November 2004 The 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 claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, December 2004 In 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 shipment By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, June 2004 In 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 clause By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2004 In 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 domain By James Bumgarner Legal Technology, Standing Committee on, September 2004 In 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.