Articles From 2006

“All collection costs” does not mean attorney fees By H. Allen Yow General Practice, Solo, and Small Firm, January 2006 Attorneys drafting promissory notes, contracts and other written instruments must clearly articulate the rights, obligations and liabilities of the parties involved.
“All” income included when calculating child support By Jason G. Adess Family Law, April 2006 Recent Illinois decisions have clarified the procedure trial courts are required to follow when considering non-recurring income in child support cases.
All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha Health Care Law, December 2006 A recent decision from the Seventh Circuit considers a claim under the Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. 1395dd.
All the latest developments in health care law By W. Eugene Basanta, Andrew Roszak, & Michael Sinha Health Care Law, September 2006 Relator, a pharmacist employed by the defendants, filed a qui tam suit under the False Claims Act , 31 U.S.C. 3729 et seq. (FCA) alleging that the defendant-pharmacy corporation and its subsidiary had violated the FCA.
All the latest developments in health care law By W. Eugene Basanta, John Castranova, Anne P. Rayhill, & Sameer Vohra Health Care Law, June 2006 On May 24 the Illinois Supreme Court agreed to review several decisions involving health law issues.
All the latest developments in health care law By W. Eugene Basanta Health Care Law, March 2006 The United Supreme Court, in a 6-3 decision issued in January, held that the federal Controlled Substances Act (CSA), 21 U.S.C. 801 et seq. and its implementing regulations, including 21 C.F.R. 1306.4, did not prevent Oregon physicians from providing terminally ill patients with prescriptions for lethal drugs under that state’s Death With Dignity Act (DWDA), Or. Rev. Stat. 127.800 et seq. approved in 1997.
Alphabetical listing of cases and holdings Insurance Law, May 2006 Founders Insurance Company v. Contreras, 2005 WL 3481345 (1st Dist. 2005), holding that an insurer had no duty to defend or indemnify non-permissive, unauthorized driver in personal injury automobile accident.
Alphabetical listing of cases and holdings Insurance Law, February 2006 Recent cases of interest.
Alphabetical listing of cases and holdings Insurance Law, January 2006 Recent cases of interest to insurance law practitioners.
The ALTA 2006 title insurance policies and the issuance of survey coverage By Richard F. Bales Real Estate Law, December 2006 The purpose of this article is three-fold: (1), to set forth the survey-related changes to these new policies; (2), to suggest one method of addressing these changes; and (3), to provide a basis by which Illinois title companies can decide how to issue survey coverage under these title policies.
Alternative dispute resolution By Margery Newman Real Estate Law, March 2006 Alternative dispute resolution, also referred to as “ADR,” is a way to settle disputes outside of the courthouse. ADR encompasses several types of processes, including arbitration,mediation, conciliation, mini-trial and other types of non-litigation dispute resolution.
Alternative dispute resolution in the 17th Judicial Circuit By Hon. Harris H. Agnew Alternative Dispute Resolution, March 2006 The 17th Circuit, in collaboration with the Winnebago and Boone County Bar Associations, has been a leader in the development of alternative dispute resolution programs.
Amended Rules of Judicial Conduct Bench and Bar, July 2006 The Illinois Supreme Court has amended Rules 64 and 65 of the Code of Judicial Conduct effective May 26, 2006.
Amendments to Federal Rules of Civil Procedure to address electronic discovery By Michael D. Gifford Labor and Employment Law, July 2006 On April 12, 2006, the United States Supreme Court approved and forwarded to Congress certain revisions to the Federal Rules of Civil Procedure addressing preservation and discovery of data in electronic media, sometimes known as e-discovery.
Amendments to the Illinois Employment of Strikebreakers Act (“ESA”) and the Day and Temporary Labor Services Act declared unconstitutional By Brad Wartman & Peter Andjelkovich Labor and Employment Law, September 2006 From time to time, state and local governments enact laws which are obviously designed to influence the course of labor disputes in favor of one party or another.
Amusements can be a taxing part of the game of life By Julie-April Montgomery State and Local Taxation, July 2006 The most common Illinois tax on entertainment is an amusement tax.
Ann B. Jorgensen: First Woman Chief Judge of the Eighteenth Circuit Women and the Law, June 2006 A graduate of Loyola University and DePaul University College of Law in 1980, Judge Ann Jorgensen started her legal career as an Assistant State’s Attorney in DuPage County and in 1984 entered into private practice in the law offices of John F. Donahue, becoming a partner in the firm of Donahue, Jorgensen, Sowa and Bugos.
Ann Breen-Greco is a “woman with vision” By Paul E. Freehling Administrative Law, December 2006 For nearly three decades, Ann Breen-Greco has been a political and community activist. She has focused much of her efforts on reducing violence against women, working with women’s groups and elected officials to promote the Violence Against Women Act, and continuing to lobby for its funding.
Annexation agreements: How enforceable are they? By Robin L. Perry Local Government Law, March 2006 The facts in this case are straightforward. On December 15, 1997, Robert W. Gaylor, Joanna A. Gaylor, Robert E. Gaylor and Morna K. Gaylor (hereinafter “Gaylors”) entered into an Annexation Agreement (hereinafter “Agreement”) with the Village of Ringwood, Illinois (hereinafter “Village”) to annex a 23.75 acre parcel of land.
Another look at the coalbed methane case Mineral Law, December 2006 In recent newsletters, we have covered the landmark decision in Illinois regarding methane gas, Continental Resources of Illinois, Inc. v. Illinois Methane, LLC, 847 N.E. 2nd 897 (Ill. App. 2006), April 10, 2006. We even printed a copy of the decision.
The Antitrust Counselor: Pre-closing conduct after Blumenthal’s speech By Mildred L. Calhoun April 2006 One of the most difficult antitrust counseling jobs is counseling merging competitors about their pre-closing conduct.
Appellate court analyzes procedures regarding the City of Chicago Department of Administrative Hearings By Andrew Creighton Administrative Law, March 2006 The appellate court recently reviewed administrative procedures used by the City of Chicago in its Department of Administrative Hearings. Dombrowski v. City of Chicago, No. 1-05-0321, 1st Dist. 4th Div. 2005.
Appellate court analyzes the application of res judicata to administrative review By Andrew Creighton Administrative Law, May 2006 The Appellate Court, Second District, has recently decided a case that discusses the application of res judicata to administrative proceedings.
Appellate Court rules insurance exclusions ambiguous By Raymond A. Fylstra Corporate Law Departments, September 2006 In Pekin Insurance Company v. Miller, No. 1-05-4086 (1st Dist. Aug. 8, 2006), a case of first impression in Illinois, the First District Appellate Court has held that exclusions j(5) and j(6) in the standard Comprehensive General Liability (CGL) insurance policy are ambiguous.
Applicability of the Prevailing Wage Act requirements to private subdivision developers engaged in public works By Robert J. Britz & Paula Tipton Wallin Local Government Law, November 2006 Municipalities must comply with state statutes such as the Prevailing Wage Act, the Public Construction Bond Act, the Plat Act, and the public bidding requirements of the Illinois Municipal Code when directly contracting for public infrastructure improvements such as roads, sidewalks, sanitary sewers, water improvements, etc.
Application of the Construction Statute of Limitations By Margery Newman Real Estate Law, March 2006 In Prate Installations, Inc., v. Thomas, the Illinois Second District Court of Appeals held that the four-year limitations period contained in the Construction Statute of Limitations, 735 ILCS 5/13-214(a), cannot be used by a homeowner as an affirmative defense to an action by a contractor for non-payment under a construction contract.
Arbitration preferred in domain name disputes By Steve Mroczkowski Alternative Dispute Resolution, November 2006 According to a recent article* by Sheri Qualters of The National Law Journal, Internet domain name arbitration disputes have risen nearly a quarter since January 2005.
Arbitration: Why some general counsel have mixed feelings By Steve Mroczkowski Alternative Dispute Resolution, September 2006 In a recent article appearing on entitled “Arbitration’s Fall from Grace,” Lou Whiteman commented on the waning popularity of arbitration in the eyes of some corporate counsel in the United States.
Architect Selection - Fee Information By Phillip B. Lenzini Local Government Law, June 2006 Commonly, when units of local government in Illinois seek the service of architects and engineers, they would like to obtain, along with other information regarding the architectural or engineering services, firm and credentials, information regarding the fee structure the architects or engineers propose to use.
Are you ready for tsunami, a Katrina, fire or terrorists? By Thomas J. Brannan Law Office Management and Economics, Standing Committee on, September 2006 Granted, in Illinois, we are unlikely to suffer the rampage of a Tsunami or a Katrina, but tornadoes are common to Illinois, potential for fires is a part of life, and terrorists may strike anywhere—in fact, your own personal terrorist could be a disenchanted client seeking revenge.