A $1 contract cost insurance carrier $37,500By Cameron B. ClarkWorkers’ Compensation Law, March 2005In Sheppard v. Rebidas, 820 N.E.2d 1089, 290 Ill.Dec. 22 (1st Dist. 2004), the Illinois Appellate Court in a decision issued by Justice Greiman, addressed the issue of Section 5(b) lien rights relative to three unconsolidated claims.
2004 Annual Report to the 94th Illinois General AssemblyBench and Bar, March 2005The annual meeting of the Illinois Judicial Conference was held October 21, 2004, in Chicago. The Conference, which is authorized by Article 6, section 17 of the Illinois Constitution, is charged to consider the work of the courts and to suggest improvements in the administration of justice.
2005 Tradition of Excellence AwardGeneral Practice, Solo, and Small Firm, August 2005The General Practice, Solo and Small Firms Section Council has awarded its 2005 Tradition of Excellence Award to Joseph B. McDonnell of Swansea, Illinois.
The 25th Annual State & Local Taxation ConferenceBy Alexander P. WhiteState and Local Taxation, December 2005The 25th Annual State and Local Taxation Conference of the National Conference of State Tax Judges took place in Cambridge, Massachusetts on Thursday, September 29 through Saturday, October 1, 2005.
8th Annual Holiday Party to be held in DecemberBy Gregg A. GarofaloYoung Lawyers Division, October 2005This year’s 8th Annual Holiday Party sponsored by the Young Lawyers Division of the Illinois State Bar Association and the Illinois Bar Foundation will be held December 2, 2005 at Joe’s On Weed Street from 6:00 p.m. to 10:00 p.m. (more information can be found at www.holidayparty.org).
Administrative Law: A hearing with a predetermined outcome is no hearing at allBy Bernard WysockiGeneral Practice, Solo, and Small Firm, November 2005Policemen and Police Pension Boards are watching with great interest what the Illinois Supreme Court will decide concerning the two cases filed this fall from the First and Second District Appellate Courts.
ADR happeningsBy Kristi HornickelAlternative Dispute Resolution, December 2005High-ranking Utah senator, Orrin Hatch, intends to propose a bill that would establish a federal property rights ombudsperson with the authority to order arbitration or mediation of government cases involving real estate disputes.
ADR happeningsBy Kristi HornickelAlternative Dispute Resolution, October 2005Wells Fargo announced late in August that it will discontinue its use of mandatory arbitration clauses in real estate loans.
ADR happeningsBy Michael O’BrienAlternative Dispute Resolution, June 2005Coming up in early December is a Joint ADR Conference entitled, "Coming Together for Peace."
ADR happeningsBy Jennifer MorrisAlternative Dispute Resolution, May 2005In 2001, the National Conference of Commissioners on State Laws (NCCUSL) drafted the Uniform Mediation Act (UMA), which, if adopted in each state, would bring much-needed uniformity to mediation.
ADR happeningsBy Michael O’BrienAlternative Dispute Resolution, April 2005On February 25, 2005, the Illinois Senate passed on a new bill concerning the status of an Arbitrator in civil litigation.
Adventures in PowerPointBy Mark LichtenwalterLegal Technology, Standing Committee on, December 2005My firm, Spesia, Ayers & Ardaugh of Joliet, had an exciting year for a couple of reasons—mostly because we moved into our own brand new office building.
“Aggravation of a preexisting condition” as a separate element of compensable damagesBy James F. McCluskeyCivil Practice and Procedure, February 2005The Illinois appellate courts have recently shown some disagreement on the question of whether "aggravation of a preexisting condition" is a separate compensable element of damages in a personal injury action.
Agreements to waive accrued child support are unenforceableBy Hon. Brian L. McPhetersGeneral Practice, Solo, and Small Firm, January 2005The Fourth District Appellate Court has again reaffirmed the unenforceability of agreements not to collect accrued child support in its opinion in In re Marriage of Case.
All the latest developments in health care lawBy W. Eugene Basanta, Anne P. Rayhill, & Sameer VohraHealth Care Law, December 2005As the competitive nature of the healthcare industry continues to increase, medical professionals are seeking alternative means to improve their patient base including the use of advertising.
All the latest developments in health care lawBy W. Eugene Basanta, Matthew J. Ashley, & Anne P. RayhillHealth Care Law, June 2005On June 6, a majority of the United States Supreme Court held that the federal Controlled Substances Act (CSA), 21 U.S.C. 801 et seq., represents a valid exercise of Congressional power to regulate commerce.
All the latest developments in health care lawBy W. Eugene Basanta, Matthew J. Ashley, & Steven RoHealth Care Law, March 2005The Seventh Circuit recently held that federal jurisdiction can exist for an action based on a subrogation provision of a health insurance benefit plan when such a plan was established under the Federal Employees Health Benefits Act (FEHBA), 5 U.S.C. § 8901 et seq. Specifically, the court held that FEHBA's express preemption provision dictates that the terms of a FEHBA plan preempt state law where, as here, such terms are related to benefits and coverage.
Alphabetical listing of cases and holdingsInsurance Law, September 2005American Family Insurance Group v. Felicia Cleveland, 356 Ill.App.3d 945, 292 Ill.Dec. 961 (Ill.App. 4 Dist., 2005).
Alphabetical listing of cases and holdingsInsurance Law, June 2005llinois State Bar Association v. Coregis Insurance Company, 355 Ill.App.3d 156, 821 N.E.2d 706, 290 Ill.Dec. 394 (1 Dist., 2004); Misrepresentation: A material misrepresentation in an insurance application renders the policy voidable not void ab initio.
Alphabetical listing of cases and holdingsInsurance Law, May 2005AAA Disposal Systems, Inc. v. Aetna Cas. and Sur. Co., 355 Ill.App.3d 275, 821 N.E.2d 1278, 290 Ill.Dec. 704 (Ill.App. 2 Dist., 2005); An insured must reasonably comply with the notice of occurrence and notice of claim provisions contained in an insurance policy.
