Articles From 2005

Crawford at your fingertips Criminal Justice, April 2005 Crawford v. Washington was decided by the U.S Supreme Court on March 8, 2004.
Crawford cancels hearsay exception for minor witnesses By Brendan Max Criminal Justice, April 2005 Accusatory statements by minor-witnesses made out of court may not be admitted as an exception to hearsay, and the statutory provision which authorized this practice is unconstitutional.
Creating a case theme that resonates with jurors By Vicki Kunkel Young Lawyers Division, August 2005 It was as close to an open-and-shut case as you could get. A small Florida county was being sued by a driver for negligence.
Credibility “defies logic” By Michelle L. LaFayette Workers’ Compensation Law, June 2005 In Chicago Messenger Service v. Industrial Commission, 826 N.E.2d 1037; 292 Ill.Dec. 601 (2005), the Appellate Court, First District, reversed the Commission's finding the claimant provided an injury from an accident arising out of and in the course of employment.
Criminal/Traffic/Juvenile legislation 2004-All bills acted upon by Governor: Part 1 By Steve Baker Criminal Justice, April 2005 This list also includes dead bills of interest, Supreme Court Rule changes and Administrative Rule changes of note.
Criminal/Traffic/Juvenile legislation 2004-All bills acted upon by Governor: Part 2 By Steve Baker Criminal Justice, May 2005 This list also includes dead bills of interest, Supreme Court Rule changes and Administrative Rule changes of note.
Crop insurance: A tool for managing your farmer-clients’ risk By Donald L. Uchtmann Agricultural Law, November 2005 Professor Uchtmann's reference below to the “farmdoc” Web site ( can lead you to a vast amount of information from the University of Illinois, Professor Uchtmann and his colleagues.
Cross-oceanic etiquette By Gloria Petersen Young Lawyers Division, August 2005 Cultural nuances and behaviors are as numerous as the peoples inhabiting the Earth. Be sure you have been briefed on the country and people you will be visiting.
Current legislation By John H. Brechin Local Government Law, July 2005 Over 6,100 Bills were filed in the current session of the General Assembly.
The cyber-barbarians at the gate: Protecting your computer from security threats By Nerino J. Petro Legal Technology, Standing Committee on, July 2005 There are numerous issues and dangers that threaten the security of your computer, your network and your data. T
D.D.: Minors on probation By Kaitrin E. Valencia Child Law, April 2005 On September 23, 2004 the Illinois Supreme Court ruled in In Re D.D. 819 N.E.2d 300 (Ill. 2004) that a school district was not required to pay for the educational portion of a delinquent special education student's out-of-state placement that was ordered pursuant to the Juvenile Court Act.
Dealing with pro se litigants By Hon. Barbara Crowder Bench and Bar, November 2005 “Well, Judge, I guess I did not answer the discovery/bring my witnesses/prepare the case for today’s trial.
Debarred from right to reject arbitration award; lessons for arbitrators and litigants By Hon. Michael Jordan Bench and Bar, December 2005 This subrogation action involving damages sustained in a vehicle collision by plaintiff’s insured was referred to mandatory arbitration in Cook County.
Defense surveillance video of plaintiff ruled inadmissible By Stephen G. Baime Tort Law, March 2005 A recent decision of the Illinois Appellate Court, First District, is of great importance to lawyers representing either party in personal injury and workers' compensation litigation.
Deferred compensation plans: How the new bankruptcy law affects them and an update on IRC Section 409A By Donna F. Hartl Federal Taxation, October 2005 As most people are aware, a new bankruptcy law goes into effect October 17, 2005.
Department of Employment Security raises the hourly rate for attorneys representing claimants By Glenn R. Gaffney Labor and Employment Law, October 2005 The Illinois Department of Employment Security has effectuated an administrative rule change raising the hourly rate an attorney representing claimants can charge.
Department of Employment Security Raises the Hourly Rate for Attorneys Representing Claimants By Glenn R. Gaffney Labor and Employment Law, July 2005 The Illinois Department of Employment Security has effectuated an administrative rule change raising the hourly rate an attorney representing claimants can charge.
Deposition rules to improve your success on summary judgment motions By Timothy J. Howard Federal Civil Practice, May 2005 Whether you represent the plaintiff or the defendant, there is always at least one element of your case that you believe is subject to summary judgment.
Design your client agreement as a legal and marketing document By Trey Ryder Young Lawyers Division, August 2005 Don't underestimate the importance of your agreement as both a legal and marketing document. Because if prospects aren't comfortable with your agreement, they may not sign it--and all your prior legal marketing efforts have been for naught
Desperate Housewives Chicago style By Margaret C. Benson Women and the Law, September 2005 Now that Annie has convinced Roy to move in with her, what will happen with her plan to get guardianship of her orphaned niece?
Discharge of personal responsibility for federal tax By Mary Cascino Trusts and Estates, August 2005 The executor or administrator who is "qualified and appointed and acting in the United States" may apply in writing for discharge of personal liability for the decedent's income and gift tax liabilities. IRC §6905(a) (referred to herein as "executor").
Discipline of public sector attorneys: Some recent dispositions of interest from Illinois and other states By Rosalyn B. Kaplan Government Lawyers, September 2005 In re Nelson, Ill. Sup. Ct. No. M.R. 19657 (November 17, 2004). The Illinois Supreme Court ordered a 90-day suspension of Ms. Nelson’s license to practice on the basis of her breach of fiduciary duty to her client and her use of client confidences without the client’s consent, in violation of Rule 1.6(a) of the Rules of Professional Conduct.
District court finds actual carrier notice of cargo loss excuses late shipper claim By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, April 2005 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 DerYeghiayan 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 tells trucking company to get it in writing By William D. Brejcha Energy, Utilities, Telecommunications, and Transportation, March 2005 In Central States, Southeast and Southwest Areas Pension Fund, et al. v. Pneumatic Trucking, Inc., Case No. 04 C-0298, District Court Judge Harry Leinenweber of the U.S. District Court for the Northern District of Illinois granted the major part of Central States' Motion for Summary Judgment on Central States' claim that Pneumatic owed contributions to the pension fund, notwithstanding contrary oral agreements between Pneumatic and the union Locals representing its drivers.
Division of property of the marriage By Roza Gossage Elder Law, January 2005 With the aging population, practitioners will now see older clients divorcing. Parties are no longer choosing to stay married during the last years of their lives if they are unhappy.
Do I really get my money back? (The local tax credit/ refund issue) By Julie-April Montgomery State and Local Taxation, April 2005 What if you mistakenly paid your Chicago tax money to the State of Illinois? Or you paid tax to Cook County on a transaction for which you qualified for an exclusion or exemption from tax?
Do ISBA members lead better lives? Young Lawyers Division, June 2005 Have you ever said to yourself, "Wow, that lawyer is always prepared, amazingly confident, and even dresses exceptionally well-I wonder what her secret is!"
Do Not Resuscitate: The Public Health Department has a new form By Kristi Vetri Elder Law, November 2005 The Illinois Department of Public Health (IDPH) recently issued the new Uniform Do-Not-Resuscitate Order Form on its Website for use when an individual does not wish to receive cardiopulmonary resuscitation (CPR).
The doctrine of merger: Real estate contracts and tax prorations By Steven B. Bashaw Real Estate Law, November 2005 The law in Illinois is well settled that the doctrine of merger provides that in the absence of an express provision otherwise in a contract, all agreements between a buyer and seller of real estate that are not “collateral and independent” of the deed merge into the deed when it is delivered to the buyer at closing and cannot thereafter be a basis for a cause of action.
“Don’t Just Survive-Thrive!” Mark your calendar for the ISBA’s First Annual Solo and Small Firm conference October 7-9, 2005 By Michele M. Jochner General Practice, Solo, and Small Firm, May 2005 Make sure to mark your calendar now for Columbus Day weekend-Friday-Sunday, October 7-9, 2005-and plan ahead to be part of a rewarding weekend of learning, networking, and family fun at the ISBA's First Annual Solo & Small Firm Conference.