Articles From 2005

A $1 contract cost insurance carrier $37,500 By Cameron B. Clark Workers’ Compensation Law, March 2005 In 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 Assembly Bench and Bar, March 2005 The 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 legislation amends Criminal Trespass and Aggravated Battery statutes By Donald L. Uchtmann Agricultural Law, November 2005 Public Act 94-512, effective January 1, 2006, amends the Criminal Trespass to Property statute, 720 ILCS 5/21-3.
2005 Tradition of Excellence Award General Practice, Solo, and Small Firm, August 2005 The 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 Conference By Alexander P. White State and Local Taxation, December 2005 The 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.
7th Circuit opinion explains administrative law judge’s obligation to build a full record, with complete evidentiary support, and to adequately discuss issues By Andrew Creighton Administrative Law, December 2005 The Seventh Circuit U.S. Court of Appeals has affirmed the reversal of an administrative law judge's denial of social security disability benefits based on the failure of the administrative law judge (ALJ) to build a full record containing evidentiary support, and to adequately discuss the issues.
8th Annual Holiday Party to be held in December By Gregg A. Garofalo Young Lawyers Division, October 2005 This 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
93rd General Assembly 2003-04 legislation-Summary (Part II) By Mary Ann Connelly State and Local Taxation, February 2005   Public Act No. Statute Affected Brief Description Effective Date P.A. 93-689 (HB 599)
Administrative law judges/hearing officers are judicial officers and may not be deposed By Hon. Ann Breen-Greco Administrative Law, February 2005 The issue of immunity for Administrative Law Judges (“ALJs”) and Hearing Officers (“HOs”) was raised again recently when an Illinois Special Education Hearing Officer was allowed to be deposed.
Administrative Law: A hearing with a predetermined outcome is no hearing at all By Bernard Wysocki General Practice, Solo, and Small Firm, November 2005 Policemen 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.
The administrative process for protesting tax assessments and refund denials By Julie-April Montgomery State and Local Taxation, May 2005 Many state and local tax bodies find that tax compliance is greater when audit activity is constant and strong.
ADR happenings By Kristi Hornickel Alternative Dispute Resolution, December 2005 High-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 happenings By Kristi Hornickel Alternative Dispute Resolution, October 2005 Wells Fargo announced late in August that it will discontinue its use of mandatory arbitration clauses in real estate loans.
ADR happenings By Michael O’Brien Alternative Dispute Resolution, June 2005 Coming up in early December is a Joint ADR Conference entitled, "Coming Together for Peace."
ADR happenings By Jennifer Morris Alternative Dispute Resolution, May 2005 In 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 happenings By Michael O’Brien Alternative Dispute Resolution, April 2005 On February 25, 2005, the Illinois Senate passed on a new bill concerning the status of an Arbitrator in civil litigation.
Adventures in PowerPoint By Mark Lichtenwalter Legal Technology, Standing Committee on, December 2005 My 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 damages By James F. McCluskey Civil Practice and Procedure, February 2005 The 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.
Agreement with Coca-Cola ends the European Union’s five-year inquiry into a potential abuse of a dominant position By Heba M. Hamouda April 2005 In 1999, the European Commission began an investigation into Coke and its bottlers in Austria, Belgium, Denmark, Germany, and Britain.
Agreements to waive accrued child support are unenforceable By Hon. Brian L. McPheters General Practice, Solo, and Small Firm, January 2005 The 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 law By W. Eugene Basanta, Anne P. Rayhill, & Sameer Vohra Health Care Law, December 2005 As 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 law By W. Eugene Basanta, Anne P. Rayhill, & Sameer Vohra Health Care Law, September 2005 Recent cases of interest.
All the latest developments in health care law By W. Eugene Basanta, Matthew J. Ashley, & Anne P. Rayhill Health Care Law, June 2005 On 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 law By W. Eugene Basanta, Matthew J. Ashley, & Steven Ro Health Care Law, March 2005 The 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 holdings Insurance Law, September 2005 American 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 holdings Insurance Law, June 2005 llinois 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 holdings Insurance Law, May 2005 AAA 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.
The Alternative Dispute Resolution Handbook of the ADR Section Council of the State Bar of Texas By Stanley J. Dale Labor and Employment Law, July 2005 Popular song lyrics tell us about a state where the stars shine bright, a yellow rose can be seen, and where all of one chap's ex-wives reside.
Alternative dispute resolution: Making a federal case out of a simple breach of a construction contract case By Stanley N. Wasser Alternative Dispute Resolution, April 2005 Out-of-state arbitration issues in construction cases can be a sticky wicket.
Amendment to applicable sections of the Internal Revenue Code changing the deductibility of attorney fees By Sarah Delano Pavlik Federal Taxation, August 2005 The case of Officer Cynthia Spina made national headlines in 2002. Officer Spina sued the Forest Preserve of Cook County, Illinois for sexual harassment and employment discrimination.