Articles From 2005

Editor’s note Real Estate Law, June 2005 One of the unintended benefits of editing this publication (and, indeed, most publications with any pretense toward erudition) is expanding my vocabulary.
Editor’s note Criminal Justice, April 2005 This edition of the Criminal Justice Newsletter includes Steve Baker's legislative update
Editor’s note Real Estate Law, March 2005 Jack Murray, one of the most prolific real estate authors in Illinois and perhaps the nation and a frequent contributor to this publication, has teamed with Greg Thorpe in presenting an article that clarifies the subtle distinction between an equitable mortgage and a sale-leaseback.
Editor’s note By John L. Nisivaco Tort Law, March 2005 An introduction to the issue from Editor John Nisivaco.
Editor’s note Real Estate Law, February 2005 This issue features the annual report of IRELA, the Illinois Real Estate Lawyers Association, and two timely articles, one on the recent amendments to the Illinois Real Estate Transfer Tax Law and amendments to the Department of Revenue's rules, and the other on many of the unresolved issues with tenancies by the entirety.
Editor’s note Education Law, January 2005 This issue of the newsletter is devoted to the subject of education labor law. Many of our section council and section members practice in this area.
Editor’s note By John L. Nisivaco Tort Law, January 2005 The first article in this edition, written by Scott Lane of Lane & Lane, tracks the evolution of "aggravation of a pre-existing condition" over the last 10 years, culminating in the withdrawal of IPI 30.03 in late 2004.
Editors’ notes December 2005 On Monday, October 31, the Supreme Court heard argument in Volvo Trucks North America v. Reeder-Simco GMC, Inc. Section member Mildred L. Calhoun discusses the “quagmire that the Eighth Circuit’s opinion creates for counselors” and suggests there is reason to hope that the Supreme Court may help to resolve the dilemma created by the Eighth Circuit’s decision, even if it is unlikely to address the broader public policy issues created by the Robinson-Patman Act.
Editor’s notes Business Advice and Financial Planning, June 2005 Articles would be appropriate but we are realistic and realize that we will probably not receive any articles from our readers.
Editor’s notes Business Advice and Financial Planning, April 2005 This month we are soliciting and seeking something very special.
Editor’s notes April 2005 This issue leads off with a look at developments in the area of merger enforcement actions in light of two recent federal court decisions: Federal Trade Commission v. Arch Coal, Inc. and United States v. Oracle Corp.
Editor’s notes By Richard D. Hannigan Workers' Compensation Law, March 2005 If you blinked you may have missed the flurry of activity at the Commission.
Editor’s notes By William T. Kaplan Business Advice and Financial Planning, February 2005 We continue to encourage a "Prod and Nod" column in this newsletter where you may vent or praise any State of Illinois agency with which you recently interacted.
The effect of Arthur v. Catour: A trial judge’s perspective By Hon. Jennifer Duncan-Brice Bench and Bar, November 2005 There are competing interests in the law when it comes to medical bills.
The effect of Arthur v. Catour: the defense perspective By Robert T. Park Bench and Bar, November 2005 A frequently recurring issue in personal injury cases is what to do about the gap between the amount billed for medical treatment and the amount actually paid.
The effect of Arthur v. Catour: the plaintiff’s perspective By Robert A. Clifford Bench and Bar, November 2005 Under Illinois law, a plaintiff’s damages include the medical bills that accompanied his or her injury.
The effect of HIPAA on discovery in divorce cases By Belle Lind Gordon Family Law, July 2005 The federal Health Insurance Portability and Accountability Act (“HIPAA”) was enacted in 1996. The purpose of the Act was, in part, to protect individuals against the improper disclosure of their health care information by physicians, hospitals, ambulance services, fire department protection districts, and others.
The effect of HIPAA on Powers of Attorneys By Amy Jorgensen Kain Elder Law, January 2005 In recent years the Health Insurance Portability and Accountability Act of 1996 (HIPAA) has crept into our lives in places that were not immediately identifiable upon the law going into effect.
Effective jury waiver in criminal proceedings By Anthony Zecchin Young Lawyers Division, June 2005 The scope of this article is limited to jury waiver in criminal matters, i.e., misdemeanors and felonies, although "offense" is broadly defined as "a violation of any penal statute of this state." 725 ILCS 5/102-15.
Effective jury waiver in criminal proceedings By Anthony Zecchin Young Lawyers Division, April 2005 The scope of this article is limited to jury waiver in criminal matters, i.e., misdemeanors and felonies, although "offense" is broadly defined as "a violation of any penal statute of this state."
Effectively using Rule 36 in summary judgment motions By Travis J. Ketterman Federal Civil Practice, December 2005 This article explores using Rule 36 Requests for Admissions as both a sword and shield in the crucial juncture of summary judgment motions.
Elder notes Elder Law, November 2005 Small estate affidavit revision. Last year’s increase for small estate affidavits to $100,000 from $50,000 applies to all documents executed after August 6, 2004, regardless of when the decedent died, pursuant to Public Act 94-57.
The elusive concept of “special risk” in relation to line of duty pension benefits for police officers By Jenette M. Schwemler Local Government Law, October 2005 This article summarizes the evolution of the definitions of “act of duty” and “special risk” and how the courts apply those concepts in reviewing awards and denials of line of duty benefits.
Emergency rule-making—Haste makes waste By Carl R. Draper Administrative Law, April 2005 Rule-making is a big task for most state agencies. It is tedious enough under normal circum- stances, but pressures sometimes make the headaches even worse.
Eminent domain in Illinois after Kelo v. New London By Brian Martin Local Government Law, September 2005 Both the United States and Illinois Constitutions provide that private property may only be taken by the government if the taking is for a "public use" and the owner is paid just compensation.
Eminent domain-Billboards By John H. Brechin Local Government Law, February 2005 Lamar Advantage v. Addison Park District involved the issue of whether the required removal of a billboard triggers the right to just compensation for the owner of the billboard.
Eminent domain-Can amortization constitute just compensation? By John H. Brechin Local Government Law, April 2005 The Second District Appellate Court recently considered this question in Lamar Whiteco Outdoor Corporation v. City of West Chicago decided February 8, 2005.
Employee benefits update By Thomas Vasiljevich & Elizabeth A. Ward Federal Taxation, March 2005 On October 22, 2004, President Bush signed into law the American Jobs Creation Act of 2004 ("AJCA") which added Section 409A to the Internal Revenue Code of 1986, as amended, (the "Code").
Employee handbook and work rules may violate labor law By Michael R. Lied Labor and Employment Law, October 2005 Most employers are aware that carelessly drafted employee handbook language may create problems.
Employer sued for defamation based on comments relating to performance review By Michael R. Lied Labor and Employment Law, July 2005 The decision in Popko v. Continental Casualty Co., et al., 823 N.E.2d 184 (1st Dist. 2005), may raise a few employer eyebrows.

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